Everest Wholesale TERMS OF SERVICE
Everest Wholesale (hereinafter referred to as the "Everest Wholesale") provides you, i.e. the User (hereinafter referred to as the "User") with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through Everest Wholesale App (hereinafter referred to as the "Service").
The Terms of Service contained in this document govern the Service and its usage by the User and at all times these Terms of Service shall refer to include all amendments, related policies, operating rules, etc., as may be published by Everest Wholesale.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Service is provided to the User, subject to these Terms of Service which comprise the entire agreement between the User and Everest Wholesale. BY COMPLETING THE REGISTRATION PROCESS/CLICKING THE "SUBMIT" BUTTON/USING THE SERVICE, USER UNEQUIVOCABLY AGREES TO BE BOUND BY THE TERMS OF SERVICE, AS UPDATED FROM TIME TO TIME.
2.MODIFICATION OF THESE TERMS OF SERVICE
Everest Wholesale reserves the right to change, add or remove any of the Terms of Service at any time without prior notice, which shall become applicable immediately upon posting. User is solely responsible for regularly reviewing these Terms of Service including all changes/modifications if any incorporated by Everest Wholesale from time to time. Continued use of the Service by the User, shall constitute his/her acceptance of the amended Terms of Service.
3.MODIFICATION TO THE SERVICE
a.Everest Wholesale reserves the right to modify or discontinue,temporarily or permanently, the Service or any part of thereof, without any obligation to give any prior notice to the User. The User agrees that Everest Wholesale shall not be liable to the User or any third-party for any modification or discontinuance of the Service;
b.Everest Wholesale reserves the right to move the Content (as defined in clause 4) from one domain to another, within its Network.
4.THE SERVICE
Services offered through Everest Wholesale App aim to connect the Members of an Organization/ Team / Community / Trust / NGO with each other, with those from same Organization/ Team / Community / Trust / NGO and with professionals
Users. This shall help in enriching the User’s social as well as professional life.
Working model of Everest Wholesale App is as follows:
a. Organization/ Team / Community / Trust / NGO (hereinafter collectively referred to as the “Organization”), as the case may be can joins Everest Wholesale App. There are different payment plans for joining Everest Wholesale App and the Services available for its members, are as per the payment plan opted by the Organization. Post joining Everest Wholesale App, Authorized Members from the Organization shall be granted Administrative rights from their respective Organization. Members to join the Organization by downloading Everest Wholesale App and creating their log-in user id and password to make use of the
Services.
b. Organization Administrator will verify the member and approve the request.
c.Depending on the payment plan opted by Organization, Member has to pay the membership fees in Online or Offline Mode. The payment plans and the features of such plan may change/discontinue from time to time at the sole discretion of Organization Administrator.
d. Certain payment plans allow the organization to be monitored by the designated personnel of the payee
e. In no event shall any responsibility regarding the Content (defined hereinafter) lie on Everest Wholesale or Everest Wholesale App.
f. In case of access of the Content to other Users including commercial driven third party users, User gives his/her/their implied and absolute permission for such access by joining the organization/using the Service.
The Service may include interactive groups, directory listing of the Users, e-mail services, message boards, online chat areas, online polls, posting of jobs, posting of photographs, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (hereinafter collectively referred to as the "Tools for Communication").
The contents of the Services are intended for the User’s personal use.
All
materials published on the Services (including, but not limited to news
articles, photographs, text, images, illustrations, audio clips and video
clips, hereinafter referred to as the "Content") are protected
by copyright, and owned or controlled by organization administrative or the
party credited as the provider/owner of the Content. You shall abide by all
additional copyright notices, information, or restrictions contained in any
Content accessed through the Service. For more detail on the Intellectual
Property Rights on the Content please refer to Section 9 herein.
We also disclaim any liability for the Content which is licensed to us by third parties and are not liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
Everest Wholesale App may contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the Organization administrator or webmaster of such site.
5. USER CREATED CONTENT
You
as the User shall be responsible and liable for the Content posted/created by
you on Everest Wholesale App.
The Service may include the capability to make comments, bulletin boards,
discussion groups and other areas or features that allow feedback, comments and
input of Content by you. While Everest Wholesale and/or Organization Administrator
does not control the Content posted on social forums by the User, it reserves
the right (which it may exercise at its sole discretion without notice) to
delete, move or edit the messages, comments, etc. and to terminate User’s/s’
access to and use of the Services.
Everest Wholesale and/or Organization Administrator reserves the right to delete, move, or edit the messages, comments, submissions, Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or any other applicable laws, or otherwise unacceptable.
By submitting the Content on any afore mentioned forums, User agrees to indemnify and hold harmless Everest Wholesale from all claims, costs and expenses (including legal expenses) arising out of any liability due to Content posted by the User.
By submitting Content on Everest Wholesale App, the User is granting Everest Wholesale a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Content in whole or in part, and in any form. This may include personal information such as the User’s/s’ Registration Information and Content including expressions of opinion.
It is not possible for Everest Wholesale to fully and effectively monitor infringement of third-party rights. If the User believes that any Content infringes his/her legal rights, he/she should notify Everest Wholesale immediately using the contact address: Everest Wholesale@ramatechno.com
6. REGISTRATION OBLIGATIONS
(i)
As a condition of use of the Service, The User shall:
a. Provide true, accurate, current and complete information about
himself/herself as required by the Service's registration form (such data being
the "Registration Information "). User shall be solely
responsible for this Registration Information and under no condition is Everest Wholesale liable for their loss, misuse or theft;
b. Maintain and promptly update the Registration Information to keep it
accurate, current and complete. If the User provides any information that is
untrue, inaccurate, not current or incomplete, Everest Wholesale and/or
Organization Administrator has the right to terminate the user account and
refuse any and all current or future use of the Service;
c. Everest Wholesale reserves the right to use / disclose the aggregate
Registration Information to third parties in accordance with Clause 4(g)
herein;
d. As part of the subscription or usage of the Services or account creation
process, User may be required create login credentials by selecting a password
and providing an e-mail address. User shall be solely responsible for such
login credentials and under no condition is Everest Wholesale liable for their
loss, misuse or theft of the same;
e. Each subscription shall be for a single User only. User is advised not to
share his/her subscription details and login credentials with anyone else;
f. User shall notify such incident to their respective Organization Administrator
and Organization Administrator notify it to Everest Wholesale vide an email
to Everest Wholesale@ramatechno.com regarding any known or
suspected unauthorized use(s) of his/her account/subscription, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of his/her password or credit;
g.
User shall follow all local applicable laws regarding age limits for
subscription to the Services or any part thereof;
h. User is responsible for all usage or activity of and through his/her account
on the Service, including use of the account by any third party. Any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of the User’s account, at Organization Administrator and/or Everest Wholesale sole discretion, and Everest Wholesale may refer you to
appropriate law enforcement agencies;
i. Everest Wholesale and/or third parties may, from time to time, send email
messages to Users containing Organizational Information, Greetings, Wishes, advertisements,
special promotions, and other marketing materials ("Email Marketing
Programs").
(ii) User agrees not to use the Service to:
a. Obstruct or hinder the use and enjoyment of the Service by other Users;
b. Intentionally or unintentionally violate any applicable local, state,
national, and international laws and regulations; including, but not limited
to, any rules of any national or other securities exchange and any regulations
having the force of law;
c. Impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. Interfere with or disrupt the Service or servers or networks connected to
the Service, or defy any requirements, regulations or guidelines of networks
connected to the Service;
e. Transmit or otherwise make available any material in connection with
surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any
duplicative or unsolicited messages (commercial or otherwise);
f. Upload, post, email, transmit or otherwise make available any content that
is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory,
improper, obscene, vulgar, invasive of another's privacy, caste related,
ethnically or otherwise objectionable;
g. Upload, post, email, transmit or otherwise make available any content
protected by any patent, trademark, copyright or other intellectual proprietary
laws unless you own or control the rights thereto or have received all
necessary consents to do the same;
h. Upload files that contain viruses, worms, corrupted files or any other
similar software or programs designed to disrupt, damage or limit the operation
of any computer or telecommunications equipment or property of another;
i. Stalk or otherwise harass other users or collect or store personal data
about other Users;
j. Advertise, promote or offer to sell or buy any goods or services for any
business purpose unless the Service specifically allows such messages or
transactions;
k. Reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion, use or access of the Service;
l. harm minors in any way;
m. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Services or develop restricted or
password-only access pages, or hidden pages or images (those not linked to from
another accessible page);
n. upload, post or otherwise transmit any Content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
o. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other Users of the Services are able to type, or otherwise act in a
manner that negatively affects other Users' ability to engage in real time
exchanges;
p. promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and creating
"Crush" sites.
7. TECHNICAL PROCESSING
In view of the global nature of the world wide web, the User understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of the Service, or to correspond / conform to other, similar technical requirements.
8. EVENT PAYMENT TERMS
a. EVENT ORGANIZER TERMS
PAYMENT PROCESSING: Payment Gateway Partners shall be appointed by Organization Administrator and that has to be informed to RaMa Technology in written communication. Hence, Organization Administrator are agree to fully indemnify Everest Wholesale and its associates, affiliates for any chargeback issue. All the payment related issues, accounting, credit and returns has to be coordinated with Organization appointed payment agencies.
b. BUYERS/PARTICIPANTS TERMS
1. Members pays the membership fees, Event Fees, Donations or any type of fees directly to Organizations using the organization appointed agencies.
2. Everest Wholesale shall not be responsible for service offered by Organization, Refunds, Event Cancellation and any issues related to payments.
9. Everest Wholesale PRIVACY POLICY
Registration Information and certain other information about the User is subject to our Privacy Policy.
10. INTELLECTUAL PROPERTY
a.
Unless otherwise stated, copyright and all intellectual property rights
relating to the Services and the Content presented on Everest Wholesale App (including
but not limited to text, audio, video or graphical images posted by the Users),
trademarks and logos appearing on therein are the exclusive property of Everest Wholesale and are protected under the applicable Indian laws. User agrees
not to use any trademark or logo or other proprietary information of Everest Wholesale; or remove, conceal or obliterate any copyright or other
proprietary notice or any credit-line or date-line on other mark or source
identifier included on the Everest Wholesale App / Service / Everest Wholesale, including without limitation, the size, color, location or style
of all proprietary marks. Any infringement shall be vigorously defended and
pursued to the fullest extent permitted by law.
b. Everest Wholesale forbids the User from any attempts to misuse the Service,
in contradiction to their payment plan and the applicable laws, including
the misuse of any part of the Service and Content, any collection and use of
any product listings, descriptions, or prices; any derivative use of the
Service provided through Everest Wholesale App or its contents; any downloading
or copying of account information for the benefit of any other merchant; any
renting, leasing, or otherwise transferring rights to the Service / Content;
displaying the name, logo, trademark or other identifier of another person in
such a manner as to give the viewer the impression that such other person is a
publisher or distributor of the Service, or any data gathering or extraction
tools; or any use of meta tags. You may not (whether directly or through the
use of any software program) create a database in electronic or structured
manual form by regularly or systematically downloading and storing all or any
part of the pages from the Everest Wholesale App.
c. No part of the Service may be reproduced or transmitted to or stored in any
other web site/mobile application, nor may any of its pages or part thereof be
disseminated in any electronic or non-electronic form, nor included in any
public or private electronic retrieval system or service without prior written
permission from Everest Wholesale.
11. SUBSCRIPTION FEES AND PAYMENTS
a.
Services or part thereof may be made available to the Organization with some
fees and charges. The Organization Administrator agrees and acknowledges that
in future the subscription of the Service may increase or decrease.
b. Everest Wholesale reserves the right at any time to
increase/decrease/apply/diminish the subscription fee for access to portions of
the Services or the Services as a whole to organizations.
c. Organization reserves the right to change prices and subscription fees at
any time. Its responsibility of the respective Organization to notify change in
subscription to User in advance. Everest Wholesale shall not be responsible for
any subscription charges and its validity.
12. LIMITATION OF LIABILITY
a.
Everest Wholesale shall not be liable, at any time for any, direct, indirect,
punitive, incidental, special, consequential, indirect, damages (including,
without limitation, damages for loss of business projects, damage to the User’s
computer system or damages for loss of profits, damages for loss of use, data
or profits, arising out of or in any way connected with the use or performance
of Everest Wholesale App /Services/Content, with the delay or inability to use Everest Wholesale
App /Services/Content or related services, the provision of or failure to
provide Services, or for any information, software, products, services and
related graphics obtained through Everest Wholesale App /Services/Content, or
otherwise arising out of the use of the Everest Wholesale App /Services/Content)
arising in contract, tort or otherwise from the use of or inability to use the
Service, or any of its Content, or from any act or omissions a result of using Everest Wholesale
App or any such contents or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communications line failure, theft or destruction or unauthorised access
to, alteration of, or use of information contained on Everest Wholesale App.
b. No representations, warranties or guarantees whatsoever are made by Everest Wholesale as to the (a) accuracy, adequacy, reliability, completeness,
suitability or applicability of the information to a particular situation; (b)
that the Service will be uninterrupted, timely, secure, or error-free; (c) the
quality of any products, Services, Content, information, or other material
purchased or obtained from the Service will meet your expectations or
requirements; or (d) any errors in the Service will be corrected.
13. CONTACTING THE USER
a.
In accordance with clause 4(g), Everest Wholesale may allow certain third party
vendors/service providers to provide the Users with information about
their products and services.
b. Everest Wholesale reserves the right to send electronic mail to the User for
the purpose of informing him/her of changes or additions to the Subscription
and our Services. For more information please read our Privacy Policy.
c. Everest Wholesale reserves the right to disclose information about the
User’s usage and demographics, provided that it will not reveal the User’s
personal identity in connection with the disclosure of such information.
Advertisers and/or Licensees on Everest Wholesale APP may collect and share
personal information about the User only if he/she indicates his/her
acceptance. For more information please read our Privacy Policy.
14. TERMINATION
a. Everest Wholesale may, in its sole discretion, terminate or suspend the Organization and its User’s access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service. Everest Wholesale reserves the right to block IPs from accessing its server(s).
15. MISCELLANEOUS
a.
These Terms of Service have been made in and shall be construed and enforced in
accordance with Indian laws. User irrevocably agrees that the courts at Pune in
India shall (subject to the paragraph below) have exclusive jurisdiction to
settle any dispute which may arise out of, under, or in connection with these
Terms of Service or the legal relationship established by them, and for those
purposes irrevocably submit all disputes to the jurisdiction of the India
courts.
b. All correspondence should be sent to our registered address mentioned on our
contact us page.
d. User agrees to report any violations of the Terms of Use to Organization
Administrator and / or Everest Wholesale as soon as he/she becomes aware of
them. In the event he/she has a claim of infringement with respect to material
that is contained on Service, he/she should notify Everest Wholesale on Everest Wholesale@ramatechno.com
e.
Assignment & Delegation
No right may be assigned, and no duty may be delegated, by the User under this
Agreement except upon the written consent of Everest Wholesale and any attempted
assignment and delegation without such consent shall be void and without
effect. Notwithstanding the foregoing, however, Everest Wholesale shall be
entitled to assign these Terms of Service, and all rights and obligations
hereunder, to a successor to all or substantially all of its assets, whether by
sale, merger or otherwise. These Terms of Service shall be binding upon and
shall inure to the benefit of the parties hereto and their respective
representatives, heirs, administrators, successors and permitted assigns except
as otherwise provided herein.
f. Agency Neither party is, nor will it be deemed to be, an agent
or legal representative of the other party for any purpose. Neither party will
be entitled to enter into any contracts in the name of or on behalf of the
other party, and neither party will be entitled to pledge the credit of the
other party in any way or hold itself out as having authority to do so.
g. Severability If any provision(s) of the Terms of Service is/are
held by a court of competent jurisdiction to be contrary to law, or otherwise
invalid or unenforceable, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
h. Waiver Any waiver (express or implied) by either party of any
breach of these Terms of Service shall not constitute a waiver of any other or
subsequent breach. No provision of the Terms of Service will be waived by any
act, omission or knowledge of a party or its agents or employees except by an
instrument in writing expressly waiving such provision and signed by a duly
authorized officer of the waiving party.
i. Policy for Posting Comments Adhering to the cyber crime
requirements, we are now capturing the device token of those posting comments.
This is to keep a check on those using abusive and offensive language. By
capturing the device token, the cyber crime department can not only track date,
time, network of the offender, but also the computer from which it is posted.