The following
agreement captures the terms and conditions of use ("Agreement"),
applicable to Your use of franchisecapitals.com ("Web Site"),
which promotes business between investors and brand globally. It is an
agreement between You as the user of the Web Site/Franchise Capitals and ENTREPRENEURS
INDIA PRIVATE LIMITED 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 or Franchise
Capitals 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.
I. 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 Franchise/Distribution or supply of goods or services. Franchise Capitals
or Franchisecapitals.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 Franchise/Distributor sale or supply of goods or
services or otherwise, concluded between the User(s) of the Web Site.
Franchise
Capitals does not control and is not liable in respect of or responsible for
the quality, safety, genuineness, lawfulness or availability of the
Franchise/Distributor or 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 Franchise Capitals and any other party.
II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the
services provided by Franchise Capitals, including but limited to the Web Site
or any other services provided by Franchisecapitals.com relation to the use of
the Web Site ("Franchise Capitals’"). Franchise Capitals 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 Franchise
Capitals.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. Franchise Capitals or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Franchise Capitals, 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. Franchise Capitals at it’s sole discretion reserves the right to refuse Franchise Capitals to anyone at any time. Franchise Capitals are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by Franchise Capitals.
III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or uses Franchise
Capitals Services 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 and/or Franchise Capitals
Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Franchise Capitals, 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. This Agreement shall govern the User’s usage of Franchise Capitals Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between Franchise Capitals and the User.
IV. AMENDMENT TO USER(S) AGREEMENT
Franchise Capitals 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.
V. INTELLECTUAL PROPERTY RIGHTS
Franchise Capitals 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 Franchise Capitals, its affiliates or licensor’s of the Web Site
content, as the case may be.
All rights,
not otherwise claimed under this Agreement by Franchise Capitals, 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. Franchise Capitals 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 at
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 Franchise Capitals be liable for any direct,
indirect, incidental, punitive, or consequential damages of any kind whatsoever
with respect to Franchise Capitals. 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. Franchise Capitals respects the rights of such
entities and cannot be deemed to be infringing on the respective copyrights or
businesses of such entities. Franchise Capitals 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
"Franchise Capitals" and related icons and logos are registered trademarks or trademarks or service marks of Franchise Capitals 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 Franchise Capitals 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 Franchise Capitals 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). Franchise Capitals encourages User(s) to assist Franchise Capitals 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, Franchise Capitals does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which Franchise Capitals declines to take down a listing, Franchise Capitals does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any Franchise/Distributor or sale or supply of merchandise or services pursuant to or on account of such listing.
Franchise Capitals 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 ("Franchise Capitals 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 Franchise Capitals, or otherwise commercially exploiting the Franchise Capitals Content unless otherwise agreed between the parties. Systematic retrieval of Franchise Capitals 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 Franchise Capitals is prohibited.
In addition, use of the Franchise Capitals Content for any purpose not expressly permitted in this Agreement is prohibited and entitles Franchise Capitals to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of Franchise Capitals's Services, they will not use Franchise Capitals to infringe the intellectual property rights of any third parties in any way. Franchise Capitals reserves the right to terminate the right of any User(s) to access or use Franchise Capitals for any infringement of the rights of third parties in conjunction with use of the Franchise Capitals’s Service, or in the event Franchise Capitals is of the believes that User(s) conduct is prejudicial to the interests of Franchise Capitals, its affiliates, or other User(s), or for any other reason, at Franchise Capitals’s sole discretion, with or without cause. - URL's/Sub-Domain
URL’s/ Sub-domain names assigned by Franchise Capitals to User(s) (including both paid and free User(s)) are the exclusive property of Franchise Capitals and it cannot be assumed to be permanent in any case. Franchise Capitals reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, Franchise Capitals 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.
Franchise Capitals may allow User(s) access to content, Franchise/Distributor or 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"). Franchise Capitals 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 Franchise Capitals 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.
VI. 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 Franchise Capitals does not have
any control over the content of such websites and/ or any information,
resources or materials provided therein.
Franchise Capitals may allow User(s) access to content, Franchise or Distributor or 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"). Franchise Capitals 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 Franchise Capitals 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.
VII. TERMINATION
Most content and some of the features on the Web Site are made available to
User(s) free of charge. However, Franchise Capitals 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). Franchise Capitals 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 Franchise Capitals and/ or other User(s) of the Web Site. Franchise
Capitals 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).
Franchise Capitals 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 Franchise
Capitals 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 Franchise Capitals terminates the membership of any registered User(s)
including those User(s) who have subscribed for the paid services of Franchise
Capitals, such person will not have the right to re-enrol or join the Web Site
under a new account or name unless invited to do so in writing by Franchise
Capitals 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 Franchise Capitals
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.
VIII. 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.). Franchise Capitals 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. Franchise
Capitals 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 Franchise Capitals 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 Franchise Capitals’s on-line database and authorize Franchise
Capitals to share such information with other User(s). Franchise Capitals may
refuse registration and deny the membership and associated User ID and Password
to any User(s) for whatever reason. Franchise Capitals may suspend or terminate
a registered membership at any time without any prior notification in interest
of Franchise Capitals or general interest of its User(s) without assigning any
reason thereof and there shall arise no further liability on Franchise Capitals
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 Franchise
Capitals.
User(s) further agree and consent to be contacted by Franchise Capitals through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Franchise Capitals even if contact number(s) provided to Franchise Capitals upon registration are on Do Not Call Registry.
IX. DATA PROTECTION
Personal information supplied by User(s) during the use of the Web Site is
governed by Franchise Capitals’s privacy policy ("Privacy Policy").
Please click here to know about the Privacy Policy
X. 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 Franchise Capitals in such case is not the author of
the content and that neither Franchise Capitals 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 Franchise
Capitals 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. Franchise
Capitals 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
Franchise Capitals 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 Franchise Capitals 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 Franchise Capitals Content and/or Franchise
Capitals 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
(i) to host, display, upload, modify, publish, transmit, store, update or share
; or (ii) submit to Franchise Capitals for display on the Web Site or transmit
or sought to be transmitted through Franchise Capitals any content, material or
information that 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 other 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 knowingly and intentionally is used to communicate any
information which (i) is patently false or grossly offensive or
menacing/misleading in nature but may reasonably be perceived as a fact;
or (ii) harass a person, entity or agency for financial gain or to cause
any injury to any person;
- 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);
- Relate to any controversial weapons, cluster munitions or
anti-personnel mines and other such defense equipment;
- Be defamatory, abusive libelous, unlawfully threatening, unlawfully
harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic,
hateful, invasive of another’s privacy, including bodily privacy 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 Franchise Capitals;
- 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 Franchise Capitals or its affiliates.
Franchise
Capitals reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in Franchise
Capitals’s reasonable belief is unlawful or could subject Franchise Capitals to
liability or in violation of the Agreement or is otherwise found inappropriate
in Franchise Capitals's opinion. Franchise Capitals 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, Franchise Capitals reserves the right to
suspend or terminate the Account of any User(s) as deemed appropriate by Franchise
Capitals at its sole discretion. User(s) agree that Franchise Capitals shall
have no liability to any User(s), including liability in respect of
consequential or any other damages, in the event Franchise Capitals 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. Franchise Capitals does not have any role in developing the content displayed on the Web Site. Franchise Capitals has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
XI. INTERACTION BETWEEN USERS
Franchise Capitals provides an on-line platform to facilitate interaction
between Brand and Investor of Franchise, Distributor, products and services. Franchise
Capitals does not represent the seller or the buyer in transactions and does
not charge any commission for enabling any transaction. Franchise Capitals 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 Brands to complete a sale or the ability of
Investor 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). Franchise Capitals
however, cannot and does not confirm each User(s)’s purported identity on the
Web Site. Franchise Capitals encourages User(s) to evaluate the User(s) with
whom they would like to deal with and use the 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 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 Franchise Capitals 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 Franchise Capitals (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
Franchise Capitals reserves the right to add/modify/discontinue any of the features offered on Franchise Capitals.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is
" and " as available " basis, and Franchise Capitals 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. Franchise Capitals 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 including
display or listing of tenders on the Web Site which in no manner is endorsed by
Franchise Capitals. Franchise Capitals has no association of whatsoever nature
with the publisher and/or the published contents. Moreover, Franchise Capitals
does not facilitate or participate in any sale, delivery, transaction and / or
storage related to any product including but not limited to controversial
weapons, cluster munitions or anti-personnel mines and other such defense
equipment. Franchise Capitals 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 Franchise Capitals makes no representations
or warranties of any kind concerning any Franchise, distributor, 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 Franchise Capitals 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 Franchise Capitals, 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 Franchise Capitals, 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 Franchise Capitals.
User(s)
hereby further agree to indemnify and save Franchise Capitals, 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 Franchise Capitals 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). Franchise Capitals 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 Franchise Capitals in asserting any available defences.
Franchise
Capitals 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.
XIII. NOTICES
All notices or demands to or upon Franchise Capitals shall be effective if in
writing and shall be deemed to be duly made when sent to Franchise Capitals to Entrepreneurs
India Pvt Ltd., Elitra D/1002, Casabella Gold, Palava City, Thane 421204
Maharashtra, India.
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.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the
laws of Indian Territory. Franchise Capitals considers itself and intends
itself to be subject to the jurisdiction of the Courts of Mumbai, Maharashtra,
India only. The parties to this Agreement hereby submit to the exclusive
jurisdiction of the courts of Mumbai, Maharashtra, India.
XV. 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.
- Franchise Capitals’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 Franchise Capitals’s waiver of that
right or Franchise Capitals's waiver of the right to act with respect with
subsequent or similar breaches.
- Franchise Capitals shall have the right to assign its
obligations and duties in this Agreement and in any other agreement
relating Franchise Capitals 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 Franchise Capitals are 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 Franchise
Capitals may be monitored and recorded.
- The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Franchise Capitals 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
XVI. Brand TERMS OF USE
- Franchise Capitals shall develop a technology that shares the leads
distribution to brands as per their requirements.
- Franchise Capitals 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.
- Franchise Capitals 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 Franchise Capitals.
- In no event shall Franchise Capitals be liable 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.
XVII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The website 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").
Franchise
Capitals 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 Franchise Capitals 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, Franchise Capitals
shall not be liable and responsible in any manner whatsoever.
Users(s)
undertake and agree to indemnify and hold harmless Franchise Capitals 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 Franchise Capitals may incur or suffer as a result of or in connection
with any illegal sales of drugs and/or medicines.
Franchise
Capitals 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.