PASS PROVIDERS TERMS AND CONDITIONS OF USE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
AGREEMENT
CAREFULLY.
The following agreement captures the terms and conditions of use ("Agreement"),
applicable to Your use of passproviders.com ("Web Site"), which promotes business
between suppliers and buyers globally.
It is an agreement between You as the user of the Web Site and PASS PROVIDERS. The
expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the
Web Site for any purpose.
By subscribing to or interacting with other User(s) on or entering into negotiations in
respect of sale or supply of goods or services on or using the Web Site in any manner
for any purpose, You undertake and agree that You have fully read, understood and
accepted the Agreement. If You do not agree to or do not wish to be bound by the
Agreement, You may not access or otherwise use the Web Site in any manner.
● Web site-Merely a Venue/Platform
● Services Provided by PASS PROVIDERS
● User(s) Eligibility
● User(s) Agreement
● Amendment to the Agreement
● Intellectual Property Rights
● Links to Third Party Sites/Content
● Termination
● Registered User(s)
● Data Protection/Personal Information
● Posting your Contents on www.passproviders.com
● Interactions between User(s)
● Limitations of Liability/Disclaimer
● Notices
● Governing Law and Disputes Resolutions
● General/Miscellaneous
● Big Buyer terms of use
● Pharmaceutical Product/Service Policies
WEBSITE - MERELY A VENUE/PLATFORM
The Web Site acts as a match-making platform for User(s) to negotiate and interact
with other User(s) for entering into negotiations in respect thereof for sale or supply of
goods or services.
passproviders.com are not parties to any negotiations that take place between the
User(s) of the Web Site and are further not parties to any agreement including an
agreement for sale or supply of goods or services or otherwise, concluded between the
User(s) of the Web Site.
passproviders.com does not control and is not liable in respect of or responsible for the
quality, safety, genuineness, lawfulness or availability of the products or services
offered for sale on the Web Site or the ability of the User(s) selling or supplying the
goods or services to complete a sale or the ability of User(s) purchasing goods or
services to complete a purchase.
This agreement shall not be deemed to create any partnership, joint venture, or any
other joint business relationship between passproviders.com and any other party.
SERVICES PROVIDED BY passproviders.com
www.passproviders.com provides the following services to its Customers and their
respective definitions are classified here under : -
● "Leading Supplier": It gives the User(s)s priority listing within categories of their
choice as available on www.passproviders.com , thus increasing visibility of their
products.
● "Star Supplier" : It is add-on service by www.passproviders.com which gives its
User(s) priority listing in their chosen category of products. By availing this
service the User(s) will get benefits of increased leads and enquiries.
● "TrustSEAL": is a seal that User(s) gets after getting its business-related
documents and information verified.
● "Maximiser" : User(s) availing this service could maximize its return on
investment by availing the specialised feature of this package.
● "Mini Dynamic Catalog": It is a professionally-designed catalog on
www.passproviders.com along with independent control to add, delete, edit text
and images as per requirement of customers.
● "Verified" User(s): Users are said to be verified if any of their provided primary/
secondary, mobile or email is verified by www.passproviders.com .
USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services
provided by www.passproviders.com , including but limited to the Web Site
("www.passproviders.com’s Services").
www.passproviders.com ’s Services can only be availed by those individuals or
business entities, including sole proprietorship firms, companies and partnerships,
which are authorised under applicable law to form legally binding agreements.
As such, natural persons below 18 years of age and business entities or organisations
that are not authorised by law to operate in India or other countries are not authorised
to avail or use www.passproviders.com’s Services.
User(s) agree to abide by the Agreement and any other rules and regulations imposed
by the applicable law from time to time. www.passproviders.com or the website shall
have no liability to the User(s) or anyone else for any content, information or any other
material transmitted over www.passproviders.com’s Services, including any fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk
of damage from such material rests entirely with each User(s).
The user shall do its own due diligence before entering into any transaction with other
users on the website. www.passproviders.com at it’s sole discretion reserves the right
to refuse www.passproviders.com’s services to anyone at any time.
www.passproviders.com’s Services are not available and may not be availed or used by
User(s) whose Accounts have been temporarily or indefinitely suspended by
www.passproviders.com.
USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site for any
purpose.
It also applies to any legal entity which may be represented by any person who
accesses or uses the Web Site, under actual or apparent authority. User(s) may use this
Web Site solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by
www.passproviders.com, collectively with any additional terms and conditions that may be applicable
in respect of any specific service used or accessed by User(s) on the Web
Site. In the event of any conflict or inconsistency between any provision of this
Agreement and any additional terms and conditions applicable in respect of any service
offered on the Web Site, such additional terms and conditions applicable in respect of
that service shall prevail over this Agreement.
AMENDMENT TO USER(S) AGREEMENT
www.passproviders.com reserves the right to change, modify, amend, or update the
Agreement from time to time and such amended provisions of the Agreement shall be
effective immediately upon being posted on the Web Site.
If You do not agree to such provisions, You must stop using the service with immediate
effect.
Your continuous use of the service will be deemed to signify Your acceptance of the
amended provisions of the Agreement.
INTELLECTUAL PROPERTY RIGHTS
www.passproviders.com is the sole owner and the lawful licensee of all the rights to the
Web Site and its content ("Web Site Content").
Web Site Content means the design, layout, text, images, graphics, sound, video etc. of
or made available on the Web Site.
The Web Site Content embodies trade secrets and other intellectual property rights
protected under worldwide copyright and other applicable laws pertaining to intellectual
property.
All title, ownership and intellectual property rights in the Web Site and the Web Site
Content shall remain in www.passproviders.com, its affiliates or licensor’s of the Web
Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by www.passproviders.com, are
hereby reserved.
Any information or advertisements contained on, distributed through, or linked,
downloaded or accessed from any of the services contained on the Web Site or any
offer displayed on or in connection with any service offered on the Web Site ("Website
Information") is intended, solely to provide general information for the personal use of the
User(s), who fully accept any and all responsibility and liabilities arising from and
out of the use of such Information.
www.passproviders.com does not represent, warrant or endorse in any manner the
accuracy or reliability of Website Information, or the quality of any products and/or
services obtained by the User(s) as a result of any Website Information.
For any content and or link uploaded to the Website by the User from Youtube, the User
agrees to abide and accepts the terms of service of Youtube, available
https://www.youtube.com/t/terms.
The Information is provided “as is” with no guarantee of completeness, accuracy,
timeliness or of the results obtained from the use of the Information, and without
warranty of any kind, express or implied, including, but not limited to warranties of
performance, merchantability and fitness for a particular purpose.
Nothing contained in the Agreement shall to any extent substitute for the independent
investigations and the sound technical and business judgment of the User(s).
In no event shall www.passproviders.com be liable for any direct, indirect, incidental,
punitive, or consequential damages of any kind whatsoever with respect to
www.passproviders.com’s services.
User(s) hereby acknowledge that any reliance upon the Information shall be at their sole
risk and further understand and acknowledge that the Information has been compiled
from publicly aired and published sources.
www.passproviders.com respects the rights of such entities and cannot be deemed to
be infringing on the respective copyrights or businesses of such entities.
www.passproviders.com reserves the right, in its sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in any portion of
the Information.
● Trademark
● "PASS PROVIDERS" and related icons and logos are registered trademarks or
trademarks or service marks of PASS PROVIDERS in various jurisdictions and are
protected under applicable copyright, trademark and other proprietary and
intellectual property rights laws.
● The unauthorized adoption copying, modification, use or publication of these
marks is strictly prohibited.Copyright
● All Web Site Content including Website Information is copyrighted to
www.passproviders.com excluding any third-party content and any links to any
third-party websites being made available or contained on the Web Site.
● User(s) may not use any trademark, service mark or logo of any independent
third parties without prior written approval from such parties.
● User(s) acknowledge and agree that www.passproviders.com is not an arbiter or
judge of disputes concerning intellectual property rights and as such cannot
verify that User(s) selling or supplying merchandise or providing services on the
Web Site have the right to sell the merchandise or provide the services offered by
such User(s).
● www.passproviders.com encourages User(s) to assist www.passproviders.com
in identifying listings on the Web Site which in the User(s) knowledge or belief
infringe their rights. User(s) further acknowledge and agree by taking down a
listing
● www.passproviders.com does not and cannot be deemed to be endorsing a
claim of infringement and further that in those instances in which
Pwww.passproviders.com declines to take down a listing
● www.passproviders.com does not and cannot be deemed to be endorsing that
the listing is not infringing on third party rights or endorsing any sale or supply of
merchandise or services pursuant to or on account of such listing.
● www.passproviders.com respects the intellectual property rights of others, and
we expect our User(s) to do the same.
● User(s) agree to not copy, download or reproduce the Web Site Content,
Information or any other material, text, images, video clips, directories, files,
databases or listings available on or through the Web Site
("www.passproviders.com Content") for the purpose of re-selling or
re-distributing, mass mailing (via email, wireless text messages, physical mail or
otherwise) operating a business competing with www.passproviders.com, or
otherwise commercially exploiting the www.passproviders.com Content unless
otherwise agreed between the parties. Systematic retrieval of
www.passproviders.com Content to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes) without written permission from
www.passproviders.com is prohibited.
● In addition, use of the www.passproviders.com Content for any purpose not
expressly permitted in this Agreement is prohibited and entitles
www.passproviders.com to initiate appropriate legal action. ● User(s) agree that as a condition
of their access to and use of
www.passproviders.com's Services, they will not use www.passproviders.com’s
Services to infringe the intellectual property rights of any third parties in any way.
● www.passproviders.com reserves the right to terminate the right of any User(s)
to access or use www.passproviders.com’s Services for any infringement of the
rights of third parties in conjunction with use of the www.passproviders.com’s
Service, or in the event www.passproviders.com is of the believes that User(s)
conduct is prejudicial to the interests of www.passproviders.com, its affiliates, or
other User(s), or for any other reason, at www.passproviders.com’s sole
discretion, with or without cause.URL's/Sub-Domain
URL’s/ Sub-domain names assigned by PASS PROVIDERS to User(s) (including both
paid and free User(s)) are the exclusive property of PASS PROVIDERS and it cannot be
assumed to be permanent in any case. PASS PROVIDERS reserves the right, without
prior notice, at any point of time, to suspend or terminate or restrict access to or edit
any URL's/Subdomain names.
IN ALL SUCH CASES, PASS PROVIDERS WILL NOT BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR
OTHERWISE.
PASS PROVIDERS may allow User(s) access to content, products or services offered by
third parties through hyperlinks (in the form of word link, banners, channels or
otherwise) to the websites offered by such third parties ("Third Party Websites").
PASS PROVIDERS advises its User(s) to read the terms and conditions of use and/or
privacy policies applicable in respect of such Third Party Websites prior to using or
accessing such Third Party Websites.
Users acknowledge and agree that PASS PROVIDERS has no control over any content
offered on Third Party Websites, does not monitor such Third Party Websites, and shall
in no manner be deemed to be liable or responsible to any person for such Third Party
Sites, or any content, products or services made available thereof.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to User(s). User(s)
acknowledge and agree that PASS PROVIDERS does not have any control over the content of such
websites and/ or any information, resources or materials provided
therein. www.passproviders.com may allow User(s) access to content, products or
services offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to the websites offered by such third parties ("Third Party
Websites"). www.passproviders.com advises its User(s) to read the terms and
conditions of use and/or privacy policies applicable in respect of such Third Party
Websites prior to using or accessing such Third Party Websites. Users acknowledge
and agree that www.passproviders.com has no control over any content offered on
Third Party Websites, does not monitor such Third Party Websites, and shall in no
manner be deemed to be liable or responsible to any person for such Third Party Sites,
or any content, products or services made available thereof.
TERMINATION
Most content and some of the features on the Web Site are made available to User(s)
free of charge. However, www.passproviders.com reserves the right to terminate
access to certain areas or features of the Web Site (to paying or registered User(s)) at
any time without assigning any reason and with or without notice to such User(s).
www.passproviders.com also reserves the universal right to deny access to particular
User(s) to any or all of its services or content without any prior notice or explanation in
order to protect the interests of www.passproviders.com and/ or other User(s) of the
Web Site.
www.passproviders.com further reserves the right to limit, deny or create different
access to the Web Site and its features with respect to different User(s), or to change
any or all of the features of the Web Site or introduce new features without any prior
notice to User(s).
www.passproviders.com reserves the right to terminate the membership/subscription
of any User(s) temporarily or permanently for any of the following reasons :
(a) If any false information in connection with their account registered with
www.passproviders.com is provided by such User(s), or if such User(s) are engaged in
fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or repeatedly publish
the same product information.
(d) If such User(s) posts any material that is not related to trade or business
cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or business
entity’s name to post information or conduct business in any manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or control of the
Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or
Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and
honest business practices. If www.passproviders.com terminates the membership of
any registered User(s) including those User(s) who have subscribed for the paid
services of www.passproviders.com, such person will not have the right to re-enroll or
join the Web Site under a new account or name unless invited to do so in writing by
www.passproviders.com In any case of termination, no subscription/membership
fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to
use the Web Site wholly or partially for whatever reason may have adverse effect on
their business.
User(s) hereby agree that in no event shall www.passproviders.com be liable to any
User(s) or any third parties for any inability to use the Web Site (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 Web Site or any of its features.
REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been made
available on the Web Site which is for the convenience of User(s) so that they can easily
use the website. User(s) can become registered User(s) by filling an on-line registration
form on the Web Site by providing the required information (including name, contact
information, details of User(s) business, etc.). www.passproviders.com will establish an
account ("Account") for the User(s) upon successful registration and will assign a user
alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account.
www.passproviders.com may at its sole discretion assign to User(s) upon registration a
web-based email or messaging account (“Email Account”) with limited storage space to
send or receive emails or messages.
Users will be responsible for the content of all the messages communicated through
the account. User(s) registering on the Web Site on behalf of business entities represent and
warrant
that : (a) they have the requisite authority to bind such business entity this Agreement;
(b) the address provided by such User(s) at the time of registration is the principal place
of business of such business entity; and (c) all other information provided to
www.passproviders.com during the registration process is true, accurate, current and
complete. For purposes of this provision, a branch or representative office of a User(s)
will not be considered a separate entity and the principal place of business of the
User(s) will be deemed to be that of its head office. User(s) agree that by registering on
the Web Site, they consent to the inclusion of their personal data in
www.passproviders.com’s on-line database and authorize www.passproviders.com to
share such information with other User(s). www.passproviders.com may refuse registration and
deny the membership and
associated User ID and Password to any User(s) for whatever reason.
www.passproviders.com may suspend or terminate a registered membership at any
time without any prior notification in interest of www.passproviders.com or general
interest of its User(s) without assigning any reason thereof and there shall arise no
further liability on www.passproviders.com of whatsoever nature due to the suspension
or termination of the User account. User(s) registered on the Web Site are in no manner
a part of or affiliated to www.passproviders.com. User(s) further agree and consent to
be contacted by www.passproviders.com through phone calls, SMS notifications or any
other means of communication, in respect to the services provided by
www.passproviders.com even if contact number(s) provided to
www.passproviders.com upon registration are on Do Not Call Registry.
DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is governed by
www.passproviders.com’s privacy policy ("Privacy Policy"). Please click here to know
about the Privacy Policy..
POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Web Site is provided or posted by third parties.
User(s) can post their content on some of the sections/services of the Web Site using
the self-help submit and edit tools made at the respective sections of the Web Site.
User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that www.passproviders.com in such case is not the
author of the content and that neither www.passproviders.com nor any of its affiliates,directors,
officers or employees have entered into any arrangement including any
agreement of sale or agency with such third parties by virtue of the display of such
content on the Web Site.
User(s) further understand and agree www.passproviders.com is not responsible for the
accuracy, propriety, lawfulness or truthfulness of any third party content made available
on the Web Site and shall not be liable to any User(s) in connection with any damage
suffered by the User(s) on account of the User(s)’s reliance on such content.
www.passproviders.com shall not be liable for a User(s) activities on the Web Site, and
shall not be liable to any person in connection with any damage suffered by any person
as a result of any User's conduct. User(s) solely represent, warrant and agree to: (a)
provide www.passproviders.com with true, accurate, current and complete information
to be displayed on the Web Site; (b) maintain and promptly amend all information
provided on the Web Site to keep it true, accurate, current and complete.
User(s) hereby grant www.passproviders.com an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) license to display and use all
information provided by them in accordance with the purposes set forth in the
Agreement and to exercise the copyright, publicity and database rights User(s) have in
such material or information, in any form of media, third party copyrights, trademarks,
trade secret rights, patents and other personal or proprietary rights affecting or relating
to material or information displayed on the Web Site, including but not limited to rights
of personality and rights of privacy, or affecting or relating to products that are offered
or displayed on the Web Site (hereafter referred to as "Third Party Rights"). User(s)
hereby represent, warrants and agree that User(s) shall be solely responsible for
ensuring that any material or information posted by User(s) on the Web Site or provided
to the Web Site or authorized by the User(s) for display on the Web Site, does not, and
that the products represented thereby do not, violate any Third Party Rights, or is posted
with the permission of the owner(s) of such Third Party Rights.
User(s) hereby represent, warrant and agree that they have the right to manufacture,
offer, sell, import and distribute the products offered and displayed on the Web Site, and
that such manufacture, offer, sale, importation and/or distribution of those products
violates no Third Party Rights.
User(s) agree that they will not use www.passproviders.com Content and/or
www.passproviders.com’s Services to send junk mail, chain letters or spamming.
Further, registered User(s) of the Web Site agree that they will not use the Email
Account to publish, distribute, transmit or circulate any unsolicited advertising or
promotional information. User(s) further hereby represent, warrant and agree that any content,
material or
information submitted to www.passproviders.com for display on the Web Site or
transmitted or sought to be transmitted through www.passproviders.com’s Services
does not and shall at no point:
● Contain fraudulent information or make fraudulent offers of items or involve the
sale or attempted sale of counterfeit or stolen items or items whose sales and/or
marketing is prohibited by applicable law, or otherwise promote other illegal
activities;
● Belong to another person and to which User(s) do not have any right to;
● Be part of a scheme to defraud another User(s) of the Web Site or for any other
unlawful purpose;
● Be intended to deceive or mislead the addressee about the origin of such
messages or to communicate any information which is grossly offensive or
menacing in nature;
● Relate to sale of products or services that infringe or otherwise abet or
encourage the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity or privacy,
or any other Third Party Rights;
● Violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
● Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing,
grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, leading to breach of confidence, or otherwise unlawful or
objectionable in any manner whatever;
● Be vulgar, obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually explicit
materials or is otherwise harmful to minors;
● Promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
● Contain any material that constitutes unauthorized advertising or harassment
(including but not limited to spamming), invades anyone's privacy or encourages
conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any law or regulation;
● Solicit business from any User(s) in connection with a commercial activity that
competes with www.passproviders.com;
● Threaten the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence
or is insulting any other nation.
● Contain any computer viruses or other destructive devices and codes that have
the effect of damaging, interfering with, intercepting or expropriating any
software or hardware system, data or personal information or that are designed
to interrupt, destroy or limit the functionality of any computer resource;
● Link directly or indirectly to or include descriptions of goods or services that are
prohibited under the prevailing law; or Otherwise create any liability for PASS
PROVIDERS or its affiliates
PASS PROVIDERS reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Website which in PASS PROVIDERS’s
reasonable belief is unlawful or could subject PASS PROVIDERS to liability or in violation
of the Agreement or is otherwise found inappropriate in PASS PROVIDERS's opinion.
PASS PROVIDERS reserves the right to cooperate fully with governmental authorities,
private investigators and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. In connection with any of the foregoing, PASS PROVIDERS
reserves the right to suspend or terminate the Account of any User(s) as deemed
appropriate by PASS PROVIDERS at its sole discretion. User(s) agree that PASS
PROVIDERS shall have no liability to any User(s), including liability in respect of
consequential or any other damages, in the event PASS PROVIDERS takes any of the
actions mentioned in this provision. User(s) understand and agree that the Web Site
acts as a content integrator and is not responsible for the information provided by
User(s) displayed on the Web Site. PASS PROVIDERS does not have any role in
developing the content displayed on the Web Site. PASS PROVIDERS has the right to
promote any content including text, images, videos, brochures etc. provided by User(s)
on various platforms owned by the company.
INTERACTION BETWEEN USERS
PASS PROVIDERS provides an on-line platform to facilitate interaction between buyers
and suppliers of products and services. PASS PROVIDERS does not represent the seller
or the buyer in transactions and does not charge any commission for enabling any
transaction.
PASS PROVIDERS 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 Web
Site 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 pretences on the Web Site.
Web Site uses several tools and techniques to verify the accuracy and authenticity of
the information provided by User(s).
PASS PROVIDERS however, cannot and does not confirm each User(s)’s purported
identity on the Web Site.
PASS PROVIDERS encourages User(s) to evaluate the User(s) with whom they would
like to deal with and use common prudence while dealing with them. User(s) agree to
fully assume the risks of any transactions ("Transaction Risks") conducted on the basis
of any content, information or any other material provided on the Web Site and further
assume the risks of any liability or harm of any kind arising due to or caused in
connection with any subsequent activity relating to any products or services that are the
subject of any such transaction.
● Such risks include, but are not limited to, misrepresentation 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 miscalculations, 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 Web Site may violate or may be asserted to violate Third Party
Rights, and the risk that that User(s) 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 further include the risks that are the purchasers, end-users of
products or others claiming to have suffered injuries or harms relating to product
originally obtained by User(s) of the Web Site as a result of purchase and sale
transactions in connection with using any content, information or any other
material provided on the Web Site may suffer harms and/or assert claims arising
from their use of such products.
User(s) agree that PASS PROVIDERS 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 any content, information or any other material
provided on 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 PASS PROVIDERS (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 PASS PROVIDERS reserves the right to add/modify/discontinue any of the
features offered on PASS PROVIDERS’s Services.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and " as available
" basis, and PASS PROVIDERS 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. www.passproviders.com makes no representations or warranties
about the validity, accuracy, correctness, reliability, quality, stability or completeness of
any information provided on or through the Web Site. www.passproviders.com does not
represent or warrant 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 www.passproviders.com 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 at the User(s) sole discretion and risk and the User(s) is solely responsible
for any damage to its 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 the User(s) from Web Site
or through or from the Web Site shall create or be deemed to create any warranty not
expressly stated herein. Under no circumstances shall www.passproviders.com be held
liable for any delay or failure or disruption of the content or services delivered through
the Web Site 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,
labour disputes, riots, insurrections, civil disturbances, shortages of labour 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 www.passproviders.com, 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 their use
of the Web Site (including but not limited to the display of User(s) information on the
Web Site) or from User(s)’s breach of any of the terms and conditions of this
Agreement. User(s) hereby further agree to indemnify and save
www.passproviders.com, 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 User(s)’s breach of any representations and warranties made by
the User(s) to www.passproviders.com. User(s) hereby further agree to indemnify and
save www.passproviders.com, 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, directly or indirectly, as a result of any claims asserted by Third
Party Rights claimants or other third parties relating to products offered or displayed on
the Web Site. User(s) hereby further agree that www.passproviders.com is not
responsible and shall have no liability for any material posted by other User(s) or any
other person, including defamatory, offensive or illicit material and that the risk of
damage from such material rests entirely with the User(s). www.passproviders.com
reserves the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by any User(s), in which event such
User(s) shall cooperate with www.passproviders.com in asserting any available
defences. www.passproviders.com shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever (including
but not limited to damages for loss of profits or savings, business interruption, loss of
information), whether in contract, negligence, tort, strict liability or otherwise or any
other damages resulting from any of the following:
● The use or the inability to use the Web Site;
● Any defect in goods, samples, data, information or services purchased or
obtained from a User(s) or a third-party service provider through the web site;
● Violation of Third Party Rights or claims or demands that User(s) manufacture,
importation, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the web site may violate or may be asserted to
violate Third Party Rights; or 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;
● Unauthorized access by third parties to data or private information of any
User(s);
● Statements or conduct of any User(s) of the web site; or
● Any matters relating to Premium Services however arising, including negligence.
NOTICES
All notices or demands to or upon www.passproviders.com shall be effective if in
writing and shall be deemed to be duly made when sent to PASS PROVIDERS, F-7, Ground Floor, Sector 3, Opposite HCL, Noida, Uttar Pradesh, India, Pin Code-201301
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) on the Web Site, 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 Web
Site is able to demonstrate that communication, whether in physical or electronic form,
has been sent to such User(s), or immediately upon Web Site’s posting such notice on
an area of the Web Site that is publicly accessible without charge.
GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of
Indian Territory.
PASS PROVIDERS considers itself and intends itself to be subject to the jurisdiction of
the Courts of AMRITSAR, PUNJAB, INDIA ONLY.
The parties to this Agreement hereby submit to the exclusive jurisdiction of the Courts
of AMRITSAR, PUNJAB, INDIA.
MISCELLANEOUS
● Headings for any section of the Agreement are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such section.
● PASS PROVIDER’S failure to enforce any right or failure to act with respect to any
breach by a User(s) under the Agreement and/or Privacy Policy will not be
deemed to be a PASS PROVIDERS’s waiver of that right or PASS PROVIDERS's
waiver of the right to act with respect with subsequent or similar breaches.
● PASS PROVIDERS shall have the right to assign its obligations and duties in this
Agreement and in any other agreement relating PASS PROVIDERS’s Services to
any person or entity
● If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck out and the remaining provisions of the Agreement shall
be enforced.
● All calls to PASS PROVIDERS are completely confidential. However, Your call may
be recorded to ensure quality of service. Further, for training purposes and to
ensure excellent customer service, calls from www.passproviders.com may be
monitored and recorded.
● Mr. VISHAL NARANG is the designated Grievance Officer in respect of PASS
PROVIDERS’s Services.
● Any complaints or concerns with regards to any content on PASS PROVIDERS’ s
Services or any breach of this Agreement or Privacy Policy can be directed to the
designated Grievance Officer in writing at PASS PROVIDERS, F-7, Ground Floor, Sector 3, Opposite HCL, Noida, Uttar Pradesh, India, Pin Code-201301 or through an email signed with the electronic signature sent to
md.passproviders@gmail.com, greviences@passproviders.com The Agreement and the Privacy Policy
constitute the entire agreement between the
User(s) and www.passproviders.com with respect to access to and use of the Web Site,
superseding any prior written or oral agreements in relation to the same subject matter
herein
BIG BUYER ("BB") TERMS OF USE
● Under BB banner, www.passproviders.com shall develop a microsite for the
User(s) company ("BB Company") on the Web Site. www.passproviders.com shall
display all the leads of the BB Company on the microsite, to enable the BB
Company to find out suppliers in a short period of time. BB Company hereby
grants www.passproviders.com the right to use its intellectual property on the
microsite and Web Site in relation to the requirements posted by the BB
Company on Web Site. It is clarified that all intellectual property rights in the
logos, brands and trademarks of the BB Company used in relation to the above
shall vest in the BB Company only.
● BB Company shall ensure that the contents provided to www.passproviders.com
shall not contain any material which is offensive, derogator, explicit or perverse
to any specific race, gender or class of persons or degrading to public
conscience or morals and does not breach any applicable law.
● www.passproviders.com makes no representations or warranties to BB
Company with respect to services provided by www.passproviders.com under BB
banner.
● www.passproviders.com hereby disclaims all warranties express and implied,
including the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement with respect to the services provided by
www.passproviders.com under the BB banner.
● In no event shall www.passproviders.com be liable to BB Company for any
special, exemplary, indirect, incidental, consequential, punitive damages or for
any damages arising out of or in connection with respect to the above mentioned
service.
● Apart from the said terms & conditions, the Agreement shall be deemed to form
part and parcel of BB term and conditions.
PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Web Site www.passproviders.com does not facilitate the purchase of
pharmaceutical products, and only advertises and/or showcases the pharmaceutical
products posted by Users(s). User(s) involved in the purchase and supply of
pharmaceutical products hereby agree to abide by and be compliant of any applicable
laws, rules, regulations, notifications or orders issued by the Government of India or any
of its agencies from time to time in this regard including but not limited to Drugs and
Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug Rules"), Drugs and Magic
Remedies (Objectionable Advertisements) Act, 1954 ("Drug and Magic Remedies Act").
www.passproviders.com shall not be responsible for any information, content or
material in respect of or related to any pharmaceutical product posted, provided or
displayed by User(s) on the Web Site. Accordingly, the User posting the content shall
ensure that the content so posted does not violate any statue in the rules made
thereunder including the Act(s) as referred above, so that no consequences of any
nature could be attributed to www.passproviders.com in any manner whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall bear all the
liabilities in respect of selling prescription medicines and/or drugs mentioned in any of
the Schedules of the Drug Rules without a prescription issued by a registered medical
practitioner and in accordance with the conditions laid down in such rules. In the event
of breach of such condition, www.passproviders.com shall not be liable and responsible
in any manner whatsoever. Users(s) undertake and agree to indemnify and hold
harmless www.passproviders.com and/or any of its affiliates, directors, officers,
employees or representatives from and against any and all losses, liabilities, damages,
claims, costs and expenses (including attorney’s fees and expenses, any third party
claims), which PASS PROVIDERS may incur or suffer as a result of or in connection with
any illegal sales of drugs and/or medicines. www.passproviders.com does not offer any guarantees or
warranties on the medicinal products or services displayed or listed on
the Web Site and is not liable for any relevant transaction between the User(s), including
transactions involving sale of any medicine(s) restricted and/or banned for sale by any
governmental or any other regulatory authorities.
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