Call Us : +91 8605090000 ,+91 8975090000
Call Us : +91 8605090000 ,+91 8975090000
These Terms and Conditions ("Terms") create a legally binding agreement between you and IndustryBuilder.com (referred to as "the Company/ We/ IndustryBuilder.com or Us") regarding the utilization of the web application/website www.IndustryBuilder.com (known as "the Site") or its domain and any service provided or considered to be provided by the Company, including content delivery through the Site, any internet-connected device, or other means (referred to as "the Service").
Your use of the Site, services, and tools is governed by the following Terms and Conditions, which are included herein. By simply using the Site, you enter into a contract with IndustryBuilder.com, the owner of the Platform. These terms and conditions, along with the policies, establish your binding responsibilities towards IndustryBuilder.com. Therefore, it is essential to familiarize yourself with and comprehend the applicability and consequences of these terms and conditions before using the platform.
When you utilize any services provided by us through this Platform, such as Property Reviews or Seller Reviews, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to that particular service. These rules, guidelines, policies, terms, and conditions are considered part and parcel of these Terms and are incorporated into them.
IndustryBuilder.com reserves the right to amend or modify these terms and conditions at any time. Such modifications will take effect immediately upon the posting of the updated terms and conditions on IndustryBuilder.com. It is advisable to periodically review the updated terms and conditions to stay informed about any modifications. Your continued access or use of IndustryBuilder.com will be considered conclusive evidence of your acceptance of these terms and conditions, as amended or modified from time to time. IndustryBuilder.com may suspend operations for support, technical upgrades, maintenance work, content updates, or any other reasons without prior notification to any user.
Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined below:
• "Agreement" refers to the completed application form, its attachment(s), and the terms and conditions stated herein. It is considered executed at Pune.
• "Company" refers to IndustryBuilder.com with its corporate office Sanskriti Shilp, Erandwane, Pune, Maharashtra, 411004 and its unit for the Company's website IndustryBuilder.com.com
• "Date of Commencement" is the date when the application by the User to the service is accepted.
• "Date of Termination" is the expiry date mentioned in the notice or/and the letter of termination, or the date when the services are supposed to end.
• "IndustryBuilder.com" refers to the internet website or mobile application of the Company located at www.IndustryBuilder.com.
• "My Subscriptions" contains information and descriptions of the Services provided by the Company to the User, which may be updated from time to time and are available in writing or on the website IndustryBuilder.com.
• "Registration Data" refers to the database containing all the particulars and information provided by the User during the initial application and subscription, including the User's name, telephone number, mailing address, account, and email address.
• "User" includes all Subscribers/Advertisers and Browsers/Visitors, whether individuals or corporate subscribers, who access or avail the Services provided by the Company. The term also includes the signatory whose details are in the application form, as well as their successors and permitted assignees. Additionally, "User" or "You" includes any person who accesses or uses the Services provided by the Company for hosting, publishing, sharing, listing, transacting, viewing, displaying, or uploading information or views. It also includes other individuals or entities jointly participating in using the Services provided by the Company.
• Words referring to the masculine gender also include the feminine gender, and singular words include the plural, and vice versa, as context allows or requires. Additionally, words referring to persons include individuals, bodies corporate, and unincorporated entities.
Terms-
These Terms shall remain a valid and binding agreement between the Parties and shall remain in full force and effect as long as the User continues to access the Site and utilize the Services provided by the Company.
These Terms shall remain in effect and binding upon the Parties until the User's access to the Site and utilization of the Company's Services are ongoing.
These Terms shall remain in effect and enforceable between the Parties as long as the User continues to access the Site and make use of the Services offered by the Company.
Services:
Company provides a numbers of internet-based services through its platform and shall include:
The Services can be acquired through diverse payment methods available. The acquisition of Services shall also be subject to specific sales policies, such as subscription fees, payment and reimbursement policy, cancellation policy, etc.
Eligibility-
You hereby declare and assure the Company that you meet the necessary criteria for participation, ensuring your eligibility to engage in a legally binding agreement, in addition to being capable of complying with and abiding by these Terms & Conditions. While individuals below the age of 18 may access and utilize the Service provided by the website, they may only do so under the supervision and guidance of their parents and/or legal guardians, who must have a registered account. Prior to uploading any content, making comments, or utilizing any other services offered by this site, you agree to complete the registration process and provide accurate information, including but not limited to your full name, age, email address, residential address, and contact number.
CANCELLATION / SUSPENSION / TERMINATION OF SERVICES-
IndustryBuilder.com has the authority to partially restrict a User's access to specific features, panels, or access points, or completely terminate a User's Account at any time, without providing a reason or prior notice to the User (both Free and Paid Members). This action is taken in order to safeguard the interests of other Users of IndustryBuilder.com.com and/or the interests of IndustryBuilder.com.
The termination or suspension, whether in full or in part, will be determined by IndustryBuilder.com based on reasonable grounds, such as suspicion, receipt of a complaint, belief, investigation, or notification from legislative bodies or governing authorities. The following are some of the reasons for which termination or suspension may occur:
1. Breach of Terms: Violation of the terms and conditions set forth by IndustryBuilder.com.
2. Misconduct: Engaging in inappropriate or unethical behavior on the platform.
3. Non-Compliance: Failure to comply with applicable laws, regulations, or policies.
4. Harmful Activities: Engaging in activities that may cause harm to other Users or the platform itself.
5. Security Concerns: Actions that compromise the security or integrity of IndustryBuilder.com.
6. Legal Requirements: Any action required by law-making bodies or governing authorities.
7. Protection of Interests: Taking necessary measures to protect the interests of other Users or IndustryBuilder.com.
Please note that these terms may differ depending on the specific terms and conditions provided by IndustryBuilder.com.
SECURITY
- Transactions conducted on the Site are secure and safeguarded. Any information provided by the User during the transaction process is encrypted to ensure protection against unintended disclosure to third parties. The Company/Site does not receive, store, or retain the User's credit and debit card details in any way. This information is directly supplied by the User to the authorized payment gateway, which adheres to the regulations and requirements of various banks, institutions, and payment franchises it is associated with.
- To maintain the confidentiality of the User's identification and password, the User must take all necessary precautions, including periodically changing their password and refraining from sharing it with others.
- Since a user identification is required to access the Service, the User should only use their own assigned user identification.
- The User acknowledges that they do not acquire any rights to mailbox numbers, user identifications, circuit references, or any assigned codes from the Company. The Company reserves the right, at its sole discretion, to change or reassign these identifiers to the User without any liability for damages or other consequences, unless otherwise stated.
- In the event of theft, loss, or compromise of the User's identification, password, or security word, the User must immediately notify the Company by phone and provide written notice as well. The User will remain responsible for any unauthorized use of the Services until the theft or loss is reported to the Company.
- The password and username provided by the Company are intended for the exclusive use of the customer organization and its employees. The User must take all necessary precautions to prevent unauthorized access or disclosure of the provided username and password.
- The User is prohibited from using any software to automatically download or extract any part or entirety of the IndustryBuilder.com.com database without prior written consent from IndustryBuilder.com.
- IndustryBuilder.com shall not be held directly or indirectly liable for any fraudulent transactions or unauthorized deductions from the User's bank account.
Obligations and Representations of User/Subscriber-
To provide accurate, complete, and correct registration information during the initial application for the Services.
Prohibited Actions
User is prohibited from allowing any unauthorized person to use the Service, and agrees not to make any unauthorized commercial use of the Service.
The Company is not responsible for the Content posted by users, and the User warrants that their Content does not infringe on any rights or contain unlawful information.
Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
1. Acquire: All copyright, know-how, and related intellectual property rights to the Services of IndustryBuilder.com, including listings, user details, and any other information provided to the User, shall become the sole and exclusive property of the Company, and the User shall have no claims to them. If the User contributes any content to IndustryBuilder.com, all intellectual property rights to that content shall become the absolute property of the Company, and the User shall have no rights or claims over it. If the User uses such intellectual property on any other website or related activity, it will be considered an infringement of the Company's intellectual property rights, and the Company may take legal action at the User's expense.
2. Utilize: Use any data or information provided by the User for the Company's own purposes and share it with associated companies or selected third parties.
3. Retain: Keep all data and information provided by the User while using the Service exclusively for the Company's use, even after the termination or suspension of the Agreement. Unless otherwise specified in writing, all such data and information shall remain the property of the Company.
4. Consent: By providing their mobile number on IndustryBuilder.com Online Portal (IndustryBuilder.com), the User expressly consents to receive alerts, promotional SMS, and promotional calls from the Company, its partners/vendors, and sub-partners/sub-vendors, regardless of whether the number is on the DNC list or any other database. The User also agrees that the Company may share the recording of promotional calls with concerned agents, partners, vendors, and sub-partners for fulfilling the User's property requirements. If the User does not wish to receive these messages or agree to the terms mentioned, they should not submit their mobile number on IndustryBuilder.com.
Intellectual Property Rights
All the emblems, labels, registered symbols, and service symbols ("Symbols") visible in IndustryBuilder.com are either owned or used under license by IndustryBuilder.com or its affiliated entities. All rights associated with these Symbols, whether granted by law or otherwise, fully belong to IndustryBuilder.com and its affiliates. Accessing IndustryBuilder.com does not grant the user any license or right to utilize these Symbols, and therefore, any form of their use is strictly prohibited. Violating this provision would constitute an offense according to the current laws of India.
IndustryBuilder.com values and upholds the Intellectual Property Rights of all parties, and it will continue to comply with all applicable laws in India regarding this matter. IndustryBuilder.com is committed to safeguarding and respecting the Intellectual Property Rights of both its users and third parties to the best of its ability. However, if any user(s) are found to be infringing upon the Intellectual Property Rights of others through their use of IndustryBuilder.com, reserves the right to terminate the agreement immediately, without providing any prior notice to the user.
By granting user’s access to IndustryBuilder.com, the users are provided with a limited, non-exclusive, non-transferable, and revocable license (the "License") to access and use the services, subject to their compliance with the terms and conditions outlined in the agreement.
Unless explicitly agreed upon in writing, nothing stated herein grants the user the right to use any of the Site's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, or other distinct brand features, except as specified in these Terms. All the emblems, trademarks, brand names, service marks, and domain names, including any material, designs, and graphics created and developed by the Site, along with other distinctive brand features of the Site, are the property of the Company. Additionally, concerning the Site created by the Company, the Company shall be the sole owner of all designs, graphics, and similar elements associated with the Site.
Confidentiality
For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" refers to all private, sensitive, proprietary, or classified details encompassing financial, commercial, technical, operational, staff, management, and other information, data, and knowledge associated with the Project/property or with a party (referred to as the "Disclosing Party" or the "Company" herein) or any other entities within the Disclosing Party's group of companies. This includes, but is not limited to, information about products and services, assets, customers, databases, suppliers, and employees. Such information may be provided to or acquired by the other party (referred to as the "Receiving Party" or the "User" herein) in any form, such as oral communication, written documentation, or any other format, and must be treated as confidential or proprietary as stated by the Disclosing Party or its Associates. Furthermore, this information should not be publicly accessible.
The Receiving Party is obligated to maintain the confidentiality and secrecy of the Confidential Information and refrain from disclosing it to any third party, except to its own Associates, with prior written permission from the Disclosing Party if necessary. The Receiving Party agrees to take all necessary precautions to safeguard the confidential information from third parties and ensures that its Associates who receive such information will abide by the terms of this Agreement, as if they were parties to this Agreement themselves. The Receiving Party may be required to obtain written statements from its employees or associates who have access to such Proprietary Information, stating their commitment to maintaining confidentiality. The Proprietary Information must be kept separate, exclusive, and stored at the Receiving Party's usual place of business (or residence, if applicable).
The User is not permitted to use, reproduce, transform, or store the Proprietary Information without prior written permission from the Company, except when disclosure is legally required under applicable laws, legal processes issued by a court, or the rules of a competent regulatory body.
Upon request by the Disclosing Party, at any time, including upon termination of this Agreement, the Receiving Party must return all original documents, records, data, and other materials in its possession, custody, or control that contain or relate to any part of the Proprietary Information. The obligations of confidentiality stated in this Agreement remain in effect even after termination of the Agreement.
All information and data submitted by the User become the property of the Company. However, such information must be kept strictly confidential, and the Company cannot release such data and information to any third party without prior consent from the User, except in cases of violation of the terms and conditions.
The User only has access to their own data and information stored in the IndustryBuilder.com database (subject to identity confirmation) and nothing more. The User may modify or amend their data and information as needed.
Any confidential information (including name, email address, etc.) voluntarily shared by the User in chat and bulletin board areas is done at the sole discretion and risk of the User. If such information is collected and misused by a third party, resulting in unsolicited messages, the Company holds no responsibility or liability for such actions beyond its control.
Variation
The company has the exclusive authority to modify, alter, or adjust the terms and conditions mentioned in this document and in the Services guide at any given moment.
The agreement will undergo regular updates, and the Terms of Use will be subject to periodic changes. The revised or updated agreement will be published on IndustryBuilder.com. Users are advised to visit the website regularly to stay updated with the latest Terms of Use. It should be noted that by continuing to use the service, the user affirms and acknowledges the modified terms and conditions.
Termination or Alteration of Services
The Company retains the exclusive authority to include, alter, remove, or terminate the Service at any time, with or without notifying the User. Unless it is a paid service, a refund proportionate to the unused period will be issued.
The Company assumes no responsibility towards the User or any third party if it exercises its independent right to alter or terminate the Service.
The Company maintains the sole discretion to incorporate, modify, eliminate, or discontinue the Service at any given moment, with or without prior notification to the User. In case the Service is not a paid offering, a refund corresponding to the unused duration will be provided.
The Company bears no liability towards the User or any third party when exercising its autonomous prerogative to modify or terminate the Service.
Third party links and resources in Our Website
We are not responsible for the maintenance, control, availability, content accuracy, or privacy practices of any other websites, services, goods, or advertisements that may be linked to or advertised on our site. The inclusion of hyperlinks to third-party websites does not imply any endorsement by our company. You are solely responsible for your use of any linked website, and you do so at your own risk."
(a) We do not provide any guarantees, either explicit or implied, regarding the use of the links available on or leading to Our Site.
(b) We do not guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods, or advertisements that may be linked to Our Site.
(c) We do not endorse, either explicitly or implicitly, any other websites, services, goods, or advertisements that may be linked to Our Site.
The Company will not be held liable for any damages or losses, regardless of the cause, resulting from the use of or reliance on any information, material, products, or services found on or accessed through any linked website.
Our Site may also feature third-party advertisements that include embedded hyperlinks to websites operated by third parties. All third-party advertising is paid for by the relevant advertiser and linking to the third-party advertisers does not imply a recommendation or endorsement by IndustryBuilder.com. The third-party advertiser bears sole responsibility for any representations or offers it makes and for the delivery of goods or services you choose to purchase from their website.
Company may occasionally suggest, grant access to, or enable third-party software, applications ("Apps"), products, services, or website links (collectively referred to as "Third Party Services") for your consideration or use, including through the Company App Store. Your purchase, access, or utilization of any such Third Party Services is solely between you and the relevant third-party service provider ("Third Party Provider").
Company does not have control over or determine the commercial or contractual terms between users and Third Party Providers, nor does it provide advice or involve itself in the offering or acceptance of such terms.
Your use of Third Party Services offered through the Company's website is entirely at your own discretion and risk. It is your responsibility to review the applicable terms and conditions and/or privacy policies of such Third Party Services before using them. However, Company may provide support services to Third Party Providers, such as order fulfillment, payment collection, call center assistance, and other services, as outlined in separate contracts between Company and the Third Party Providers.
Company does not make any representations or warranties regarding the specifics (such as quality, value, salability, etc.) of the products or services being sold or offered on the platform. The availability of Third Party Services on Company's websites or their integration with the Company's services does not imply endorsement, authorization, sponsorship, or affiliation by or with Company.
Company is not responsible for any errors, omissions, non-performance, or breaches of contracts between users and Third Party Providers on the platform. Company cannot guarantee the performance of any transaction conducted on the platform by the users and/or Third Party Providers. Unsatisfactory service performance, damages, or delays resulting from products/services are not the responsibility of Company.
Company operates as an online advertisement platform and acts as an intermediary. It does not take possession of any products or services offered by Third Party Providers during any transaction between users and Third Party Providers on the platform. Company does not hold any rights, title, or interest in the products and has no obligations or liabilities regarding such contracts between users and Third Party Providers.
In the event of user complaints regarding quality or other issues, Company is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Company is not liable to anyone for the discontinuation, suspension of access, or disablement of any Third Party Service.
If you install or enable a Third Party Service, you grant Company permission to allow the relevant Third Party Provider to access your data and other materials and take necessary actions for the interoperation of the Third Party Service with our Services. Any exchange of data, materials, or interactions between you and the Third Party Provider is solely between you and the Third Party Provider. Company is not responsible for any disclosure, modification, or deletion of your data or materials, nor for any resulting losses or damages may you experience due to access by a Third Party Service or a Third Party Provider.
Under no circumstances is Company liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations apply even if Company has been advised of the possibility of such damages and to the fullest extent permitted by applicable law.
You agree to indemnify and hold Company, its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of a Third Party Service or your relationship with a Third Party Provider.
REFUNDS: No refunds are provided for goods purchased from the Platform for Third Party Services.
Suspension of Service
If the User fails to pay any amounts owed to the Company on the specified date, the Company has the right to suspend the Service provided to the User, without prejudice to any other available rights or remedies.
When the subscribed Services are suspended, it will be considered as terminated, as per the date determined by the Company. The User will be responsible for all charges and fees incurred up to that date.
Once the User makes the required payment as demanded by the Company, the Company may, at its discretion and under suitable conditions, choose to reconnect the Service.
Violation of Terms & Conditions
In the event of a violation of the Terms, the Company has the authority to take various legal actions, which may include:
- Promptly removing any offensive material from its site.
- Cancelling your account.
- Excluding individuals who have violated the Terms & Conditions.
- Seeking injunctive relief from a court of competent jurisdiction.
- Pursuing violators under applicable criminal and/or civil law provisions.
- Cooperating with investigations conducted by central, state, or local bodies, as well as courts or tribunals.
- Taking necessary actions to minimize or eliminate potential liability, such as releasing user information.
- Reserving the right to refuse service to anyone at any time.
- Removing listings or advertisements without prior notice, for any reason.
Please note that the provided alternatives are intended to convey a similar meaning to the original text, but the specific legal implications and consequences may vary.
Personal Information
Your submission of personal information through this Site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there might be information on the website or within the Service that contains typographical mistakes, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, and availability. We retain the right to rectify any errors, inaccuracies, or omissions and to modify, update, or cancel orders if any information in the Service or on the website is found to be inaccurate at any time without prior notice (even after you have placed your order).
However, we are not obligated to update, modify, or clarify information in the Service or on the website, including pricing information, unless required by law. The absence of a specified update or refresh date on the Service or website should not be interpreted as an indication that all information in the Service or on the website has been altered or updated.
Disclaimer
The User hereby agrees that use of the Service is at the User's sole risk. The Service is provided on an "as is" or/and on an "as available" basis. Company 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.
1. The User acknowledges and accepts that the use of the Service carries inherent risks and agrees to assume full responsibility.
2. The Service is provided without any guarantee or warranty, either expressed or implied.
3. The Company explicitly states that it does not provide any assurances or guarantees regarding the quality, performance, or suitability of the Service.
4. The Company does not guarantee that the Service will meet the User's requirements or be uninterrupted, timely, secure, or error-free.
5. The Company disclaims any responsibility for any consequences arising from data corruption, interception, tampering, viruses, or delivery errors on the Site.
6. The Company may temporarily make the Site unavailable for maintenance or upgrades, and shall not be liable for any interruptions or loss of Service.
7. The Company does not warrant the safety or accuracy of any websites linked to IndustryBuilder.com.
8. The Company does not make any express or implied representations or warranties regarding the accuracy, reliability, or quality of information obtained through the Services.
9. The User acknowledges that any information, material, goods, or services obtained through the Site are solely at their own risk and the User is responsible for any resulting damage, cost, or consequences.
10. The Company does not provide any warranty or guarantee regarding the loss of information or disruptions in service.
11. The User must submit any cancellations or alterations in writing.
12. IndustryBuilder.com acts as an intermediary as defined by the Information Technology Act, 2000.
13. The content on IndustryBuilder.com is provided without any warranties or representations, whether express or implied.
14. IndustryBuilder.com does not endorse the views expressed by Users and shall not be responsible for them.
15. IndustryBuilder.com does not claim the accuracy or correctness of the information on the site, but strives to avoid misleading, offensive, or inappropriate content.
16. IndustryBuilder.com does not guarantee uninterrupted or error-free access to the website or the correction of any defects.
17. IndustryBuilder.com does not guarantee a satisfactory or any response once a listing or banner is displayed on the site.
18. Users are advised to independently verify the authenticity of any Pre-Launch offers received by them, and IndustryBuilder.com does not endorse investment in such projects.
19. IndustryBuilder.com does not invite or offer investment in the company or its affiliates.
20. The Company shall not be liable for any disclosure of User's account information or any errors or omissions in such disclosure.
21. The Company does not guarantee the bonafide of the User or entertain interviews or correspondence regarding advertisements.
22. IndustryBuilder.com does not guarantee the performance of third-party service providers or accept liability for any issues arising from their services.
23. Property descriptions and information on the site are for reference and marketing purposes, and IndustryBuilder.com does not accept responsibility for their accuracy.
24. Value estimates provided on the site are for general interest only and should not be relied upon for commercial transactions.
25. The Company shall not be liable for any time differences in message delivery through a gateway or server.
26. The User must comply with all applicable laws, rules, and regulations while using the Service, and the Company shall not be liable for any non-compliance by the User.
27. Advertisers are responsible for arranging project site visits, and the Company shall not be liable for any liability or costs arising from such visits.
Limitation of Liability
User acknowledges and agrees that the Company, its group companies, directors, officers, and employees shall not be held accountable for any of the following: direct, indirect, incidental, special, consequential, or exemplary damages; damages resulting from the use or inability to use the service; costs associated with obtaining substitute goods or services; damages resulting from purchased goods, data, information, or services, or messages received or transactions entered into through the service; damages resulting from unauthorized access or alteration of user's transmissions or data; and damages arising from any other matter related to the service, including but not limited to loss of profits, use, data, or other intangible assets, even if the Company has been informed of the possibility of such damages.
Furthermore, the User agrees that the Company shall not be held liable for any damages resulting from interruption, suspension, or termination of the service, whether justified or not, negligent or intentional, inadvertent or deliberate. The Company is also not responsible or liable for the statements or conduct of any third party using the service.
In no event shall the Company's total liability to the User exceed the amount paid by the User to the Company, if any, in relation to the cause of action.
The Company disclaims any responsibility or liability for any shortage or non-fulfillment of the service on its website or any related site due to technical failure, malfunctioning, or any other reason. The User agrees not to claim any rights, damages, or relief against the Company under consumer protection laws or any other applicable laws or rules in such situations.
The User personally bears all costs, charges, expenses, etc., related to downloading fees by third parties, airtime, ISP connection costs, and any other associated costs.
The Company is not responsible for any malfunctioning or non-functioning of the mobile phone or any other application, nor any damage or loss, whether direct or indirect, arising from the use of the IndustryBuilder.com mobile application on the User's mobile phone.
Indemnity
User hereby agrees to assume responsibility for and protect from liability any third-party lawsuit or legal action brought against the Company or any of its Directors/employees/KMP (Key Managerial Personnel) concerning any claim arising from the advertisement/wrongful posting of property/unauthorized posting of property. This also includes situations where the User Content, Site, and/or User features infringe or appear to infringe upon any copyright, trade secret, or trademark of said third party. Furthermore, if the content of such post or advertisement is inconsistent with or violates any existing Agreement or applicable law in India, the User agrees to indemnify, reimburse, and absolve the Company, its officers, directors, employees, and agents from any claims, actions, demands, liabilities, or losses arising directly or indirectly from their use of IndustryBuilder.com.
Notice
All notifications, if sent to the User, should be addressed to the User's specified address on the Application Form. If sent to the Company, notifications should be addressed to the Company's provided address for such purposes, as stated in writing. However, all invoices and payments should be directed to the attention of The Company's Finance department, legal notices to the attention of the Company's legal department, and all other correspondence to the attention of the designated account manager specified by the Company. Notice will be considered given upon receipt, either through personal delivery or upon receiving acknowledgment or written verification of receipt from an overnight courier.
Non-exclusive Remedy
Termination or expiry of this Agreement, whether in part or in full, shall not restrict either party from seeking other available remedies, nor shall either party be exempted from the responsibility of paying all outstanding fees owed under this Agreement until the termination takes effect. Neither party shall be held accountable to the other for any damages solely arising from the termination as permitted herein.
Waiver
Here are alternative wordings with similar meanings to the original statement:
1. The neglect of Company to utilize or impose any entitlement or stipulation of these Terms & Conditions shall not imply a relinquishment of such entitlement or stipulation. In the event that a court of competent jurisdiction declares any provision of these Terms & Conditions as invalid, the parties still concur that the court should make an effort to uphold the parties' intentions as manifested in the provision. Furthermore, the remaining provisions of these Terms & Conditions shall continue to be fully valid and enforceable.
2. The non-exercise or non-enforcement by Company of any right or provision stated in these Terms & Conditions shall not be construed as a waiver of that particular right or provision. In case any provision within these Terms & Conditions is deemed invalid by a competent court, the parties hereby agree that the court shall endeavor to fulfill the parties' intentions as expressed in the provision. Additionally, the other provisions of these Terms & Conditions shall continue to be in complete force and effect.
3. Failure on the part of Company to employ or execute any right or provision contained in these Terms & Conditions shall not be interpreted as a renunciation of said right or provision. Should a court of competent jurisdiction determine any provision within these Terms & Conditions to be invalid, the parties, nonetheless, agree that the court should make every effort to give effect to the parties' intentions as stated in the provision. The remaining provisions of these Terms & Conditions shall remain fully valid and operational.
4. The lack of action or enforcement by Company with respect to any right or provision outlined in these Terms & Conditions shall not be deemed as a waiver of such right or provision. In the event that a court of competent jurisdiction declares any provision of these Terms & Conditions as invalid, the parties nevertheless agree that the court should strive to carry out the intentions of the parties as reflected in the provision, and the other provisions of these Terms & Conditions shall continue to be in full force and effect.
Entire Agreement
This Agreement shall serve as the comprehensive and sole agreement between the parties concerning the subject matter discussed herein, replacing any previous agreements, documents, or communications pertaining to said subject matter. This Agreement can only be altered or have any rights waived through a written document signed solely by the Company. Nevertheless, the Company retains the exclusive right to modify, alter, or amend it.
Governing Law and Jurisdiction
It is explicitly stated that there is no affiliation, partnership, collaboration, employment relationship, or franchising arrangement between the Company and any user of the Service.
The User acknowledges that, regardless of any conflicting statute or law, any claim or legal action arising from or relating to the use of the Service or the Terms & Conditions must be filed within 30 days after the occurrence of such claim or cause of action, or it will be permanently barred.
All information, regardless of its nature, received from the user is provided in good faith and is genuine. The information is believed to be accurate and compliant with the applicable laws of the country.
This Agreement, as well as any dispute or matter resulting from incidental use of IndustryBuilder.com, is governed by the laws of India. Both the User and IndustryBuilder.com hereby agree to the exclusive jurisdiction of the courts in India.
Acknowledgment and Acceptance of Terms and Conditions
The terms and conditions stated above comprise the entire agreement between the Party/User (as defined above) and the Company (as defined above), replacing all previous arrangements or schedules regarding the subject matter described above. By completing the registration process and/or checking the "I have read and accept the Terms of Use" box, the User indicates their acceptance of the agreement and their commitment to abide by all the terms and conditions of the Company as stated above.
We continuously strive to ensure that IndustryBuilder.com provides an enjoyable and effective experience for all our users. If you come across any content or behavior that may violate any of the IndustryBuilder.com Terms & Conditions, please contact us. Your feedback will greatly contribute to improving our service!
