VI. INTELLECTUAL PROPERTY RIGHTS

Udyogsathi.com (UDS) holds the sole ownership or exclusive rights of its website & its contents that are displayed on the website. The content of the website might host important trade secret and other intellectual property rights and the same can could be protected by the worldwide copyright act. All such rights, rights to the Intellectual Property, website and its contents shall remain with UDS.

The reliability and accuracy of the information mentioned in UDS website is never endorsed, represented or warranted by UDS. There could be variations in the actual product, quality and finishing, color & texture, and the one displayed on the website as a pictorial representation of the actual product. For any content and or link uploaded to the UDS Website by the User from YouTube, the User must agree to the terms of service of YouTube, available at https://www.youtube.com/t/terms.

• Trademark

Udyogsathi.com (UDS), its icons and logos are registered & trademarked, protected under the copyright act. Any unauthorized use of the logo, copying or modification or publication shall be deemed as illegal and could attract legal proceedings.

• Copyright

The website content of UDS and the information enclosed are copyrighted to UDS. The users must prohibit from using any such contents, logo or representations without prior approval from UDS.

The website content of UDS, text, images, video clips, files etc are a part of the intellectual property of UDS and its expected that the Users shall refrain from copying them or download them or reproduce for any other website content, or use it commercially or distribute as mass mailing or creating a content competing with UDS.

UDS won’t be acting as an arbitrator and help sorting out disputes on behalf of the Users regarding intellectual property rights and won’t be able to verify whether the User promoting, selling or supplying particular merchandise on the website have the rights to sell or supply the merchandise or provide services offered by such Users.

No User is allowed to use the UDS Content for any purpose that is not permitted in the agreement and the violation of the same shall attract legal action. Infringement of Intellectual property rights won’t be allowed by UDS, towards another User or any third party in any form. UDS hold the authority to terminate the rights of any User if any infringement is noticed.

• URL's/Sub-Domain

Udyogsathi.com (UDS) shall assign URL’s/Sub-Domain names for the paid & Free Users which are exclusively owned by UDS and are made on temporary basis only and cannot be considered as permanent. UDS reserves the right to suspend or restrict User access at any point of time without any prior notice. URL’s/Sub-Domain names can be edited by UDS any time. UDS will not be liable for any direct or indirect loss or damages incurred by the user due to disruption of business transaction between the two users in case of restriction or suspension.

UDS shall allow the users to have access to the products, contents, services offered by the third parties via hyperlinks, word files, banners, newsletters, channels, video clips etc. The hyperlinks lead to the third party websites and its expected that the Users should abide by the terms and conditions and respect the norms laid down by the third party websites. UDS shall have no control or responsibility to monitor any third party websites, or any product or services offered or made available thereof.

VII. 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 UDS does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

UDS 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"). UDS 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 UDS 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.

VIII. TERMINATION

Udyogsathi.com (UDS) shall make available to its Users, its website content free of charge upon subscription. However UDS reserves the right to terminate User access to any of its subscriber at any given point of time without any prior intimation. Any User can be denied access to the UDS website and all its services in order to safeguard its interests without any notice to the User.

There might be several reasons for which such actions might be initiated by UDS, the primary reasons for termination are as follows :

• In case of false information furnished by the User at the time of subscription
• If the User is involved in an unlawful activity
• If the User is involved in a fraudulent activity
• If the User breaches any terms of agreement with UDS
• If the User utilizes UDS website for sending spam messages
• If the User uses UDS website for other reasons apart for buying/selling/business transaction
• If the User tries to have unauthorised access to the UDS website
• If the User’s business practice is unethical and dishonest

In an event of termination of User access/ subscription/ services to the UDS website, UDS would not be liable for any commercial loss incurred by the User due to abrupt restriction on transacting business on UDS or any loss of profits resulting out of such action.

IX. REGISTERED USER(S)

The services of Udyogsathi.com (UDS) can be accessed through its user-friendly website. The Users can apply for subscription by registering themselves on the registration page. Following are the steps and procedures to register with UDS:

• The User is required to fill in an online registration form on the registration page/Sign in section
• Users applying for the registration are expected to furnish their personal details like Phone Number(valid number only), Email Address, Residential address, Postal code etc
• The information provided by the applicant should be genuine and not fake
• On successful completion of the registration process, UDS shall provide the User an unique User ID and a password for log-in access into UDS website.
• At the sole discretion of UDS, the User shall be assigned a web based Email account with limited capacity to interact with other Users and service providers/sellers.
• The User shall be responsible of the content of the email and messages sent to the other Users on the UDS platform.

UDS reserves the right to terminate User access to any of its subscriber at any given point of time without any prior intimation. Any User can be denied access to the UDS website and all its services in order to safeguard its interests without any notice to the User. In case of any dispute or unlawful usage of the web mail service or any breach of the terms of agreement, UDS holds the rights to block/restrict/terminate the User ID and block access to UDS website.

UDS has the right to contact the User and verify any details if needed, the verification might be done via SMS, Email also.

X. DATA PROTECTION

UDS is committed to Safeguard personal information and details shared by the Users or during the usage of UDS website. All rules & regulation pertaining to Data Protection comes under the Privacy policy section. Please refer to the Privacy policy segment for more details.

XI. POSTING YOUR CONTENT ON WEBSITE

Posting content on UDS website is a paid service. The User has to a verified subscriber to UDS services and he/she can upload content related to business transaction through the edit section, by the User themselves.

The User must agree and have clear understanding that UDS is not the author of the content posted on the UDS website and UDS does not certify or guarantee on behalf of the User any service or business that is described in the content. UDS and its employees has no agreement with the User regarding any third party dealing.

The User must agree and have clear understanding that UDS cannot be held accountable or have any liability regarding the nature of content posted on the UDS website by the User. UDS is just a business platform which the User is using to interact with other User, purely for business and services, Purchase or sell, promotion of products and services.

If the nature of content posted by the User is Illegal in nature, does not adhere to the law of the land, fraudulent, dangerous/sensitive in nature or does not abide by the agreement terms laid down by the website, UDS cannot be held as accountable for such posts.

The content posted by the User on the UDS website shall be accounted as unfit for post and contradicting the agreement terms laid down by UDS, under following circumstances:
• If the content posted by the User contains fraudulent information
• If the content of products on display is counterfeiting in nature or unauthorised copy of the original product
• If the content belong to another person and not authorised for use by the User
• If the content has a capacity to cheat other users or of that nature, contains misleading information or details or to serve an unlawful purpose
• If the content violates copy rights of UDS or any of its third party
• If the content is defamatory or decretory in nature, uses sensitive or unlawful language or of abusive nature.
• If the content is vulgar, immoral, explicit or sex-related or pornographic
• If the content endangers unity and integrity of the state or country or threaten the safety & security of the country or society
• If the content indirectly links to unlawful goods or services those are against the agreement policies of UDS

UDS reserves the right to terminate User access to any of its subscriber at any given point of time without any prior intimation. Any User can be denied access to the UDS website and all its services in order to safeguard its interests without any notice to the User. In case of any dispute or unlawful usage of posting content on UDS website service or any breach of the terms of agreement, UDS holds the rights to block/restrict/terminate the User ID and block access to UDS website.

XII. INTERACTION BETWEEN USERS

Udyogsathi.com (UDS) is an online platform that facilitates business transaction between a registered User (buyer) and another registered user (seller ). UDS neither represents the buyer nor the seller ( any of the two parties ), who are both registered as Users on the UDS website, nor demands or accepts any commission from the sales proceeds from the transactions completed.

UDS is not responsible, liable or accountable for the quality, safety or lawfulness of the services or goods offered by the User on the UDS website. UDS is neither responsible for the availability of services offered on sale nor the ability of the buyer to complete a transaction.

UDS deploys several safety mechanisms, tools, techniques and checks to make the User identity verification accurate and authentic. However it is not possible for UDS to guarantee 100% authenticity of the information shared by the User. We leave it upon the discretion of the Users to deice who to deal with and whom not to deal with.

The User must agree and have clear understanding that UDS cannot be held accountable or have any liability regarding the way the business has been transacted by both the User parties. UDS is just a business platform which the User is using to interact with other User, purely for business and services, Purchase or sell, promotion of products and services.

If the nature of content posted by the User is Illegal in nature, does not adhere to the law of the land, fraudulent, dangerous/sensitive in nature or does not abide by the agreement terms laid down by the website, UDS cannot be held as accountable for such dealing/business transactions.

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 defines 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 r 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 UDS 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 UDS (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

Udyogsathi reserves the right to add/modify/discontinue any of the features offered on UDSServices.

XIII. LIMITATION OF LIABILITY/DISCLAIMER

UDS disclaims warranty of any nature against the services mentioned or provided on the UDS website. Any kind of warranty under any condition pertaining to quality, performance, durability, accuracy, reliability, fitness of any products or services, UDS shall remain immune to any claims made by any party/ User, during transacting business, buying/selling/trading on the UDS website. All types of warranties, undertakings, representations, conditions shall remain excluded from the terms of agreement.

On the basis of information/description provided on the UDR website, the User cannot hold UDR accountable for any validity, accuracy, reliability, stability or authenticity of the product/ services. Any advice or information obtained from the website of UDR should not be considered or deemed to be any kind of warranty or any similar expression.

Any content downloaded by the User or obtained from the UDR website, is at the sole discretion of the User. In case of any threat to the security of the computer, any damage to the computer or any loss of data is resulted, UDR should not be held accountable.

In case of acts beyond human control, acts of nature, act of God, a failure to deliver any services or disruption in the UDR website or the services provided should not be deemed as an inability or breach of agreement. Events of similar nature includes war, natural disaster, fire, epidemic, riot, accident etc.

Users hereby agree to indemnify and consider its directors, officers and employees as harmless, and will not be able to claim for any losses, liabilities which may arise from their use of the Web Site or from User’s breach of any of the terms and conditions of this Agreement.

UDS 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 UDS makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site.

User(s) hereby further agree to indemnify and save UDS, 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 UDS.

User(s) hereby further agree to indemnify and save UDS, 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 UDS 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). UDS 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 UDS in asserting any available defences.

UDS 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.

XIV. NOTICES

In case of any notice to be served to/upon the User by UDS, the same shall be effective if only it’s delivered via courier, Certified email, or posting as a notice on the UDS website in an area that is accessible to the User.

All notices or demands to or upon UDS shall be effective if in writing and shall be deemed to be duly made when sent to UDS to MENTION ADDRESS

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.

XV. GOVERNING LAW AND DISPUTE RESOLUTIONS

This agreement shall be governed in all respects by the law of Indian Territory.

Any legal disputes arising out of any breach of law or any case that needs to be tried in a court under the Indian law, the same proceedings should be held under the jurisdiction of India.

XVI. MISCELLANEOUS

The headings mentioned on the sections of the agreement are for representation purpose only.

In case of inability to enforce any right by UDS or failure to act during a breach of an agreement by the User under the Agreement and Privacy policy, it will not be considered as a waiver of rights by UDS or attempt to waive of any particular right.

In this agreement UDS holds the rights to assign its obligations and duties relating UDS Services to any person or entity.

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be removed and the remaining provisions of the Agreement shall be enforced.

An User can call UDR and the it is completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from UDR may be monitored and recorded.

• The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and UDS 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

XVIII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES

UDS does not promote or encourage sales or purchase of any pharmaceutical products on its website, and also prohibits sales or purchase of any product of this nature by its Users on the UDS e-commerce platform. UDS strictly adheres to the law laid down by the Government of India, regarding sale & purchase of medicine and medical goods on e-commerce platforms.

UDS shall not held accountable or liable if any of the Users are found to be involved in promoting pharmaceutical products by mistake or unlawfully. Such acts shall be identified and taken down from the website immediately.

Users must agree to indemnify and hold harmless UDS and its associates, directors, employees from any losses, liabilities, damages, costs and expenses (including lawyer’s fees and expenses), which UDS may incur or suffer as a result of any illegal sales of drugs/medicines.

The Web Site 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").

UDS 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.