Terms of Use – Terms of Service

IMPORTANT – READ CAREFULLY: The Dorabjee’s Vendor Website http://vendor.dorabjees.com (the "Website") is owned and operated by Dorabjee & Co. Pvt. Ltd. ("DCPL"), and is provided to you ("You") under the terms and conditions of these Terms of Use – Terms of Service ("Terms"), which include DCPL's Privacy Policy and Registration Form that are available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "LOGIN" AND “SUBMIT” BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.

1. AIM AND DESCRIPTION OF WEBSITE

DCPL allows individuals and organizations (who are vendors to DCPL, supplying various kinds of product/services/merchandise to DCPL, either for the purposes of trade, production or capital consumption), to securely use DCPL’s website to electronically obtain and share supply chain information with DCPL, thereby improving communication, integration and collaboration, with the aim to streamline and better demand forecasting, timely order fulfillment, and satisfactory service levels.

2. REGISTRATION

To use the Website, You must submit a complete registration, (the "Registration Form"), on Your behalf. As part of the registration process for the Website, You agree to: (1) provide certain limited information about You as prompted to do so by the Website (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If DCPL discovers that any of Your Registration Data is inaccurate, incomplete or not current, DCPL may terminate Your right to access and receive the Website immediately upon notice. DCPL will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. DCPL may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Website. DCPL reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. DCPL need not provide a reason for its rejection. If DCPL rejects Your application, then You may reapply and DCPL will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to DCPL, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with DCPL and will become a subscriber to the DCPL Service.

3. SERVICES

(a) Description of Service. DCPL, by this Website allows the registered user to securely share supply chain information between DCPL and You online, for the purposes as expressed implicitly in Section 1 above. To use the Service you will need to register by submitting a complete registration as expressed implicitly in Section 2 above. You must also maintain a connection with the Internet when you are using the services of DCPL’s Website.

(b) Fees and Payments. The current version of the Website is offered on a "free-to-use" basis to Dorabjee’s Vendors. DCPL reserves the right to discontinue or modify this at any point of time in the future.

4. USER CONDUCT AND PROPRIETARY RIGHTS

(a) No Resale or Commercial Use of the Website. Your right to use the Website is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Website, any downloadable plug-in or other materials or any information obtained by You without the express written consent of DCPL.

(b) Conduct. You are solely responsible for the content of Your transmissions through the Website. DCPL does, however, reserve the right to take any action with respect to the Website that DCPL deems necessary or appropriate in DCPL's sole discretion if DCPL believes You or Your transmissions or use of the Website may create liability for DCPL. Your use of the Website is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all Indian States laws, rules and other regulations applicable in connection with the Website; (2) not to use the Website for illegal purposes; (3) not to interfere or disrupt networks connected to the Website; (4) not to use the Website to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Website, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Website

(c) Proprietary Rights. In accordance with Your authorized use of the Website, DCPL grants You a limited license to use the Website and any other plug-in, applet, or other such software, offered by DCPL, now or in the furure. You acknowledge that the plug-in, applet or software downloaded in connection with the Website is proprietary to DCPL and may be protected by copyrights, trademarks, Website marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this plug-in as expressly authorized by the Website and these Terms.

Further, Dorabjee’s and the Dorabjee’s logo, DCPL and the DCPL logo, and other names, logos, icons and marks identifying DCPL's Websites and services are trademarks of DCPL and may not be used without the prior written permission of DCPL. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of this plug-in without expressly being authorized to do so by DCPL. If You are not the purchaser of the software license from DCPL, you are not authorized to install or otherwise use the software or services to host meetings. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in, applet or such software. All rights not expressly granted in these Terms are reserved to DCPL.

(d) Third Party Rights. DCPL acknowledges that all trade names mentioned in this website are trademarks or registered trademarks and the property of the respective companies or corporations in India and/or other countries. The use of these names, in no way, signifies any endorsement of DCPL. DCPL does not make any guarantee related to any software used in conjunction with the DCPL Website.

All other company/Website names and service marks may be trademarks or registered trademarks of their respective companies.

5. PRIVACY

DCPL's use of any personal information You provide to it is set out in the current dorabjees.com Privacy Policy.

6. MODIFICATIONS

DCPL may amend these Terms at any time by (i) posting a revised Terms of Service document on http://vendor.dorabjees.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to DCPL. You are responsible for regularly reviewing the http://vendor.dorabjees.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, DCPL reserves the right to modify or discontinue the Website with or without notice to You. DCPL shall not be liable to You or any third party should DCPL exercise its right to modify or discontinue the Website.

7. PASSWORD AND SECURITY

As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify DCPL of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.

8. TERMINATION

DCPL may immediately terminate Your membership and right to use the Website if (a) You breach these Terms; (b) DCPL is unable to verify or authenticate any information You provide to DCPL; (c) such information is inaccurate; or (d) DCPL decides, in its sole discretion, to discontinue offering the Website. DCPL shall not be liable to You or any third party for termination of the Website. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to DCPL. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Website in any way, Your sole recourse is to immediately: (a) discontinue use of the Website; (b) terminate your membership; and (c) notify DCPL of termination. Upon termination of membership, Your right to use the Website immediately ceases.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. DCPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DCPL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES DCPL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS, APPLETS OR SUCH SOFTWARE) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DCPL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL DCPL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF DCPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCPL'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $5. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNITY

You hereby agree, at Your expense, to indemnify, defend and hold DCPL harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against DCPL arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

12. GENERAL TERMS

These Terms are governed in all respects by the laws of the Republic of India as such laws are applied. Both parties submit to personal jurisdiction in Pune, State of Maharashtra and further agree that any cause of action relating to these Terms shall be brought in a court in Pune, Maharashtra. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. DCPL's failure to act with respect to a breach by You does not waive DCPL's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. DCPL shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond DCPL's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to vendor@dorabjees.com for assistance.