(1) |
Definitions |
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(1.1) |
Wyzen/Website: Wyzen Systems Private Limited is the company that owns and operates the network of sites, which includes this site. The complete List of sites comprising our network can be seen here. This website, its agents, owners, operators, and employees are referred to collectively here in as "Website" and/or WYZEN. |
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(1.2) |
Website Content: Any information and/or data published at the website is website content. This may include, but is not limited to, its design, layout, text, images, graphics, video, web pages, hyperlinks, data posted by registered or un-registered users, trade leads, buy leads, trade offers, advertisements, etc. It may be website’s content or content posted by third parties. |
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(1.3) |
Third party content: All the content provided or submitted by users and/or contributed by anonymous users or paid content providers at our website is termed as Third Party Content. This includes, but is not limited to, Company name, address, contact details, company profile information, trade leads, buy leads, catalogs, inquiries, paid write-ups. |
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(1.4) |
Visitors: Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitors". |
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(1.5) |
Subscribers: Subscribers to lists or Newsletters are referred to herein as "Subscribers". |
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(1.6) |
Registered Members: Registration means that the Visitor takes active, positive steps to communicate information to this website. Visitors or companies who voluntarily create their profile at this website having their unique LOGIN are termed as Registered Members. |
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(1.7) |
Paid Members: Registered Members whose payment is accepted by this website are termed as Paid Members. Merely paying at our website is not enough; if this website doesn’t accept the payment, a registered member can’t be termed as Paid Member. After expiry of term of subscription, a paid member becomes Registered Member, if he does not renew his membership. |
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(1.8) |
Services: Any service or subscription offered or provided by this website, right to view or visit provided by this website are collectively termed as Services. |
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(1.9) |
Users: Registered Members, Paid Members and Visitors are collectively referred to as “User” and/or “Users”. It also includes the business entities that can enter into a contract. |
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(1.10) |
Agreement: This Term of Use will be referred to as “Agreement”. |
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(2) |
General |
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(2.1) |
This website is a just a web-based platform whereby users interact with each other at or through the website. Website has no direct or indirect role to play between different users or their terms and conditions of any negotiation/ sales/ purchase/ dealings. |
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(2.2) |
This agreement does not create any form of partnership, joint venture, agency, franchiser-franchisee, employer-employee and/or buyer-seller relationship between any user and the website. |
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(2.3) |
The headings given in this agreement are for the purpose of Reference only and in no way define, limit, construe or describe the scope or extent of such section. |
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(3) |
Parties to the Terms of Agreement |
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(3.1) |
This agreement is intended to cover all users to this website, all subscribers to lists or newsletters whether paid or unpaid, or affiliates whether paid or unpaid. |
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(4) |
User Eligibility |
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(4.1) |
Only those Users who have attained the age of entering into a legal contract with others are allowed to visit and use this website. By using this website, it is assumed that a user is competent to form legally binding contract under applicable laws of his native country. |
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(4.2) |
This website reserves right to deny access to any user for any reason. Further this website can grant differential access with different rights to different users. |
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(5) |
Specific Services with separate Terms of Use |
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(5.1) |
If any provision of the terms of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and be enforced. |
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(5.2) |
If any provision of this agreement is in conflict with any specific provision of other written agreement by this website with any user, then the provisions of the said other agreement will override the provisions of this agreement and the remaining provisions of this agreement will remain valid and enforceable. |
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(6) |
Posting Information on Website |
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(6.1) |
Users agree, as a condition of viewing, that any information relating thereto will be publicly available at the website for viewing by any one who visits or uses Website. Any information submitted by User shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. User agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit, whether publicly or otherwise. User cannot claim any rights including copyrights on such information. |
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(6.2) |
All Users hereby warrant and agree that information submitted to this website will not: |
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(6.2.1) |
Violate any applicable law, statute, or regulation; |
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(6.2.2) |
Contain fraudulent information or make fraudulent offers; |
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(6.2.3) |
Be part of a scheme to defraud other Users of the web site or for any other unlawful purpose; |
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(6.2.4) |
Be defamatory, libelous, unlawfully threatening or unlawfully harassing; |
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(6.2.5) |
Be 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; |
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(6.2.6) |
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; |
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(6.2.7) |
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; |
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(6.2.8) |
Solicit business from any User in connection with a commercial activity that competes with this website; |
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(6.2.9) |
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; |
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(6.2.10) |
Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or |
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(6.2.11) |
Otherwise create any liability for this website or its affiliates. |
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(6.3) |
All Users are hereby prohibited from submitting the information to other users, which is not related to such recipient users. This includes, but is not limited to posting un-related inquiries, trade offers, communication. |
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(6.4) |
Any information submitted by user that violates this agreement may result in action against the said user, which includes but is not limited to, removing user from database, blocking his communications, termination of services. |
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(7) |
Information Published on the Website |
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(7.1) |
The website disclaims any responsibility for the accuracy of the content of this website. Users assume all the risk of viewing, reading, using, or relying upon this information. Users have no right to rely on any information contained herein as accurate. The website makes no such warranty. |
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(7.2) |
This site reserves the right not to publish any information submitted by users in its sole discretion and users can’t claim right to get the information published at this website. |
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(7.3) |
This website reserves the right to remove any material displayed on the website which it believes is unlawful, violates this Agreement or is otherwise found inappropriate in its opinion. |
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(8) |
Accessing Information from the Website |
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(8.1) |
Users agree that the data on this website can be used for finding interested counter-parties only and they have no right to use the information published at this website in a commercial manner; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. |
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(8.2) |
Users hereby warrant and agree that information from this website will not be used to solicit business in connection with a commercial activity that competes with this website. |
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(8.3) |
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Users have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. |
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(8.4) |
The website can modify the level of access granted to the users, whether paid or free, for any content on the website, without prior notice. |
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(8.5) |
This website reserves the right to terminate access and remove the user from its database if a user is found to be indulged in any activity that is detrimental to the interests of this website, which includes but is not limited to, fraudulent or automated access of database and/or content, accessing data from the website which is not related to user’s business profile. |
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(8.6) |
Users are categorically prohibited from systematic or automated retrieval of content of the website to create or compile, a collection, database or directory (whether manually or through automated devices, robots or spiders).
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(9) |
Repeated Similar Postings |
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(9.1) |
Posting of similar or repetitive data by user, manually or through automated means, which includes but is not limited to, company profile, buy requirements, trade leads, other offers at this website may be removed at the sole discretion of this website, without any intimation to the user. |
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(9.2) |
User who uses this website for the purpose of SPAM messages and information to other users may be removed from our database, without any intimation to the user. |
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(10) |
Transactions between Users |
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(10.1) |
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses at this website. Users are advised and encouraged to take due precautions while dealing with other users of the website. |
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(10.2) |
The users acknowledge the risks of purchase and sale transactions when using the Site to conduct transactions, and that they fully assume the risks of liability or harm of any kind in connection with such transactions. Such risks shall include, but are not limited to, mis-representation 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 mis-calculations, breach of warranty, breach of contract and transportation accidents. |
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(11) |
Third Party Links - Read Privacy Policy and Terms of Use |
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(11.1) |
This website may provide hyperlinks, which takes user to content, products and/or services offered by third parties, like websites of our member companies, etc. User is assumed to read such sites' privacy policies, terms of use and/or terms and conditions before using such sites. This website has no control over such third party's websites and we are not responsible or liable to anyone for such websites, or their content, products or services. |
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(12) |
Spam |
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(12.1) |
By providing information to this website that forms the basis of communication with user, such as an email address, user waive all rights to file complaints concerning unsolicited email or Spam from this website since, by providing such information, user agree to receive communication from this website. |
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(12.2) |
By providing information to this website, user also agree to receive communication and/or offers from other users through this website. |
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(12.3) |
User has the right to notify the website that he no longer wish to receive solicitations or information from the website or its other users and his name will be removed from the general solicitation database, which means he will be UNSUBSCRIBED from this site’s general solicitation database. |
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(12.4) |
When a user notifies this website about his desire to UNSUBSCRIBE from general solicitation database, this website will take step to remove such user from its database within 7 (Seven) working days and all correspondence from this website will be stopped within 15 (Fifteen) working days of receipt of the notification from such user. |
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(12.5) |
Unsubscribe from general solicitation database will result in complete cessation of services from this site, which includes but is not limited to, getting buy leads, intimation about services, communication from this site and other users. |
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(13) |
Delivery Policy
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(13.1) |
On activation of subscription or membership, all the services by this website are started online. Thus delivery of the services by this website is completely online. A user, subscriber or member can start using all the services provided by this website instantly on activation of membership. This site is delivering its services to its clients through online medium like Internet and email only. |
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(14) |
Refund and Cancellation Policy
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(14.1) |
This website is engaged in an online-information business. The services referenced herein are delivered online only. Website assumes that on activation of membership, the entire amount of subscription charges or membership fee is consumed; though the website is assumed to provide service to the User for the period of contract. User accepts that when this site activates the membership to the user on receipt of fee, all inquires (with complete contact details thereof) related to the user, are released to the User. User expressly understands and accepts that once membership is activated and/or inquires are released, the user has started using services offered by this website and money paid for such services cannot be claimed as refund. |
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(14.2) |
Before the membership is activated by this website, the user or subscriber can claim cancellation and refund by the following ways only:
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(14.2.1) |
For credit card transactions, the user or subscriber can email this website his intention for cancellation of his membership or paid subscription. On receipt of such cancellation request, this website will cancel the transaction and such transaction will not be charged to the credit card holder. In case the transaction has already been authorized, this website will refund the amount authorized by such transaction within 7 working days of receipt of request for cancellation of paid subscription. Credit card payment gateways may take their own additional time depending upon their internal procedures to credit such amount to the credit card holder. |
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(14.2.2) |
For cheque / demand draft payments, this website will refund the instrument to the user or subscriber if this website gets the request to cancel the transaction, before it is deposited to the bank account. If the instrument is deposited in the bank account, then this website will send the refund cheque within 7 working days of getting the credit of the said instrument in the bank account. Such refund cheque will be sent by registered post / airmail to the drawer of the instrument. |
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(14.2.3) |
For foreign currency wire transfers, the user or subscriber can initiate the “Recall” request through his banking channel. On getting the request for “Recall of money”, this website will approve the transaction reversal within 7 working days of getting such request from its bank. |
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(15) |
Limitation of Liability and Disclaimer |
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(15.1) |
THE FEATURES AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THIS WEBSITE 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. |
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(15.2) |
THIS WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. |
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(15.3) |
The website assumes no responsibility for damage to computers or software of the user or any person the user subsequently communicates with from corrupting code or data that is inadvertently passed to the user’s computer. Again, user views and interacts with this site, or banners or pop-ups or advertisements displayed thereon, at his own risk. |
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(15.4) |
User downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. |
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(15.5) |
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, User forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. |
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(15.6) |
User waives all right to claims of damage if, for any reason, this site is not working temporarily, and showing errors, which includes but is not limited to, “Site Not Working”, “Portions Not Available”, “Database Error”, etc. |
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(15.7) |
User warrants an understanding, as required consideration, that this website disclaims all liability resulting from use or installation or reliance upon its services for any reason. User understands that THIS WEBSITE disclaims liability for any information contained in sales or promotional materials of its users or the product itself that is unintentionally misleading or incorrect that might cause damage to the User. User expressly agrees that no matter what may happen because of his or her use of the services of this website, or no matter what damage may be allegedly or actually caused by the use of this website, or no matter the harm or damage that may result directly or indirectly from the use of this website, for any reason whatsoever, that the absolute maximum extent of THIS SITE’S liability shall be an amount no greater than USD 10 (US DOLLARS TEN ONLY). |
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(16) |
Specific Disclaimers as to 'Results Claims', 'Income Claims', or 'Earnings Claims’ in Sales and Promotional Materials or Success Stories |
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(16.1) |
If claims about results from using this service or if claims about income or earnings resulting from the use of this service are made (like success stories, happy customers, etc.), such claims are true for the persons who made the claims, including claims made by this website about its own experience. However, User cannot simply rely on these statements as being duplicable by User because many factors affect results, including just dumb luck. Nothing promoted on this website should be construed as a 'Get rich quick' scheme. The income and earnings statements, if any, tend to reflect the more successful cases and User should not construe this as being the 'average' or usual success story. |
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(16.2) |
If the User is subscribing to the paid membership or a service that claims to produce specific benefits or results or that otherwise involves a recurring fee, the User has a right to terminate the membership or service upon notice to this website. As explained under REFUND POLICY clause, in such a case, no money will be refunded to User. |
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(17) |
Indemnification |
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(17.1) |
User agrees that in the event he causes damage of any nature, which the Website is required to pay for, the User, as a condition of viewing, promises to reimburse the Website for all.
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(18) |
Intellectual Property rights |
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(18.1) |
Wyzen Systems Private Limited (hereinafter referred to as WYZEN) is the sole owner or lawful licensee of all the rights to the website and its content. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with WYZEN, its affiliates or licensor's of WYZEN’S content, as the case may be. |
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(18.2) |
All rights, not otherwise claimed under this agreement, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. |
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(18.3) |
All content on this web site is the copyright of WYZEN except the third party content and link to third party web site on our website. |
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(19) |
Privacy Policy Accepted |
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(19.1) |
User expressly accepts the terms of the Privacy Policy of this website. |
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(20) |
Modification |
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(20.1) |
This Agreement cannot be modified in any manner between the Paid Members and this website unless modifications are made in writing signed by both parties. However, the website may modify this Agreement at any time for other users without notice to the instant user. This agreement was last modified on 04-June-2010.
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(21) |
Jurisdiction and Applicable Law |
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(21.1) |
If any matter concerning this agreement shall be brought before a court of law, user agrees to that the sole and proper jurisdiction to be the state of New Delhi, India. User agrees that the applicable law to be applied shall, in all cases, be that of the state New Delhi, India.
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(22) |
Contact Information |
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Wyzen Systems Private Limited
49, First Floor, Defence Colony Market,
New Delhi – 110 024, India
Phone: +91-11-41507600
Fax: +91-11-41507605
Report online here
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