Terms and Conditions
Terms and Conditions
This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website (www.__.com) (“Website”), including the related mobile application (hereinafter referred to as “Platform” and/or “Absy”).
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following terms (“Terms of Use”).
“Absy” may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.
1. Definitions
This website/application shall collect various types of information, such as:
- “Force Majeure Event” in relation to a person or entity shall mean an event beyond that person’s or entity’s reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; disaster; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; epidemics or pandemics or quarantine restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.
- “Absy content” shall mean all content or materials (including text and images) in this website, all files within this website and all data within such files, but excluding Third Party Content.
- “Specific Services” shall mean those services, provided by relevant members of “ABSY” or through this website, which are subject to other specific terms and conditions in addition to these Terms of Use.
- “Specific Terms” shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of “ABSY” in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant members of the “ABSY” in relation to such Specific Services.
- “Third Party Content” shall mean those content or materials (including text and images) in this website the titles, rights and interests in or to which are not owned by members of the “ABSY” but by the respective Third-Party Licensors.
2. Intellectual Property
Unless otherwise expressly stated :
All titles, rights and interests (including without limitation copyright) in respect of the Global
Sources Content belong to “ABSY” and nothing herein confers on the Visitor any title, right or
interest in respect thereof; and all titles, rights and interests (including without limitation
copyright) in respect of Third-Party Content belong to the respective Third-Party Licensor, and
nothing herein confers on the Visitor any title, right or interest in respect thereof.
Provided However that :
The use, reproduction and distribution of such “Absy” Content (either in hard copy or electronic
form) is not done in any manner which might be competitive with “ABSY” ‘s use, reproduction
or distribution of content or other content similar there to
And such “Absy” Content is reproduced and distributed with appropriate notices, including
copyright notices, indicating “ABSY” as the source of such “Absy” Content and prohibiting any
further reproduction or distribution of such “Absy” Content. Downloading, reproduction,
distribution and/or use of any “Absy” Content does not transfer any title, right or interest in or to
such “Absy” Content, and such “Absy” Content may be downloaded, reproduced, distributed
and/or used only in accordance with this paragraph 4
Except as expressly permitted in this paragraph 4, Visitors/Users to this website/platform may
not copy, reproduce, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license,
publish, distribute, disseminate in any form or otherwise allow access to all or any “Absy”
Content or Third-Party Content.
If the Visitor/User is a corporation, th
Protection of ibtellectual rights :
The Visitor expressly acknowledges that this website and the “Absy” Content (or the Third-Party
Content, as the case may be) were prepared by the “ABSY” (or the Third-Party Licensors, as the case may be) through the application of methods and standards of judgment developed and
applied through the expenditure of substantial time, effort and money.
The Visitor agrees to protect all copyright and other intellectual property or other proprietary
rights and interests of the “ABSY” (or the Third-Party Licensors, as the case may be) in or to this
website and “Absy” Content (or the Third-Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable written requests made by the
“ABSY” in connection with the protection, enforcement or exercise of “ABSY”’ contractual and
other legal (whether statutory or common law) or equitable rights and remedies in respect of this
website and “Absy” Content (or any Third-Party Content, as the case may be).
Modifications :
“ABSY” reserves the right to alter or modify this website, including portions thereof, from time
to time. Such alterations or modifications may include, without limitation, addition or
withdrawal of features, services, data or content or changes in instructions. The “ABSY” may
also at any time suspend or discontinue all or any part of this website or the provision of updates.
No endorsement of third parties :
“ABSY” does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect
of: –
- any third-party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or
- any product, service, information, data or other content offered or provided by third parties in or through this website.
- Such third-party websites and such third-party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against the “ABSY”, the Visitor’s use thereof or reliance thereon is solely at the Visitor’s own risk. A Visitor’s rights and
remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the Visitor and the relevant third party.
3. Exclusion Of Representation And Warranties
This website/platform and the overall content are made available “as is” without any representation or warranty whatsoever, whether express or implied, including but not limited to any representation or warranty as to their performance, merchantability or fitness for any particular purpose or use; and all representations and/or warranties, to the extent capable of being excluded under applicable law, are hereby expressly excluded by “Absy”, its licensors, agents and employees, and all third parties (if any) involved in the creation, production or delivery of this website and/or the overall content.
In particular, but without prejudice to the generality of the foregoing, the “Absy”, its, agents and employees, and third parties (if any) involved in the creation, production or delivery of this website and/or the overall content, make no representations or warranties as to, and the visitor assumes the entire risk as to:-
- anything contained in, the performance of, or the results that may be obtained by using, this website or any of the overall content;
- the consequences of downloading any attachment transmitted through this website
- the quality, accuracy, reliability or suitability for any purpose whatsoever of, this website or any of the overall content; and/or
- the standing, credit or otherwise of any person or entity mentioned in this website or in any of the overall content.
4. Exclusion Of Liability
In no event shall “Absy”, its agents or employees, or any third party involved in the creation, production or delivery of this website or any of the overall content be liable for: –
- any direct, indirect, special, incidental, secondary, consequential, punitive or exemplary damages arising out of the use of or inability to use this website or any of the overall content (such as but not limited to loss of data, loss of business information, business interruption or delay, or loss of anticipated revenue, profits or benefits, or any economic
or financial loss), whether based upon contract, tort, negligence, strict liability or otherwise, and even if they were aware of, were advised of, or ought to have known of, the possibility of such damages; - any consequences of downloading or using any attachment transmitted through this website;
- any failure, delay, disruption or interruption in, of or to this website, howsoever caused or arising;
- any failure, delay, disruption or interruption in, of or to the transmission or reception of any data or information through this website, howsoever caused or arising;
- any defect, deficiency, breakdown or failure of any software or any equipment or system (whether or not maintained or operated by the global sources group or any other person), howsoever caused or arising;
- any loss, corruption, deletion or damage of or to any data or information (whether belonging to, provided by or stored by the visitor or otherwise) which is transmitted to or stored in any system or equipment (whether or not maintained or operated by the global sources group, the visitor or any other person), howsoever caused or arising;
- any breach, failure of performance or delay caused by a force majeure event; and/or
- any defects, deficiencies, errors, omissions or inaccuracies in this website or in any of the overall content.
5. Limitation Of Liability Above
Subject always to the express exclusions in these terms of use, the liability members of “Absy”,
including without limitation their directors, licensors, dealers, distributors, agents or employees,
or third parties (if any) involved in the creation, production or delivery of this website or any of
the overall content, shall in no event exceed in the aggregate the sum of Rs. 100/- (Rupees One
Hundred only), whether in contract, tort (including negligence or breach of statutory duty) or
otherwise, or for any loss, damage or liability whatsoever.
6. Entire Agreement
These Terms of Use, together with any other Specific Terms relating to Specific Services (if
applicable), constitute the entire agreement between the parties with respect to the subject matter
hereof and thereof, and supersede any and all prior written and/or oral representations,
understandings, agreements or communications between the parties regarding the subject matter
hereof and thereof.
The provisions and terms of any purchase order or other instrument issued by the Visitor shall be
of no effect and the acceptance of any such order or instrument shall not in any way extend or
alter these Terms of Use (or any other Specific Terms relating to Specific Services, if
applicable).
7. Waivers
Failure of either party to insist at any time upon strict compliance with any provision herein or to
seek remedy of any breach shall not constitute or be construed as a waiver of such provision or
breach, or of any other rights or remedies.
8. Indemnity
The User(s) hereby irrevocably agree to indemnify and save “Absy”, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including legal costs
on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims
asserted by Third Party Rights claimants or other third parties relating to products offered or
displayed on the “Absy” Website or Mobile Application of otherwise. User(s) hereby further
agree that “Absy” is not responsible and shall have no liability to it, for any material posted by
others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with the User(s). “Absy” reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by the
User(s), in which event they shall cooperate with “Absy” in asserting any available defenses.
9. Illegality
If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable (“Affected
Provision”), such Affected Provision shall, to the maximum extent possible, be modified and/or
replaced by an equivalent legal, valid and enforceable provision in a manner which accords with
or which gives effect to, as closely as possible, the original intent of the Affected Provision. If,
however, such modification or replacement is not permissible, then the Affected Provision (or
the modification, replacement or severance thereof) shall be deemed to be severed from these
Terms of Use. The illegality, invalidity or unenforceability of the Affected Provision shall not in
any way affect the legality, validity or enforceability of the other provisions of these Terms of
Use, which shall remain in full force and effect.
10. Governing Law And Jurisdiction
These Terms of Use shall be construed in accordance with and governed by the laws of India.
The Visitor hereby submits to the exclusive jurisdiction of the courts of Hyderabad, Telangana
and/or such other courts of competent jurisdiction as “ABSY” may in its absolute discretion
deem fit.
