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The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of IndoAsian WhatsApp Chatbot ("WhatsApp Chatbot"), which promotes business between supplier and buyers. The expressions “You/ you” “Your/ your” or “User” or “User(s)” refers to any person who accesses or uses the WhatsApp Chatbot for any purpose. By using WhatsApp Chatbot, you agree to be bound by these terms and conditions of use contained in this Agreement. We would like to invite you to read it carefully. Since these terms and conditions of use are subject to change at any time without prior written notice, you are advised to consult it regularly.
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The WhatsApp Chatbot is published/operated by Novateur Electrical & Digital Systems Pvt. Ltd. ("INDOASIAN" or "Us/ us" or "We/ we" or "Our/ our"), having its registered office at 61/62, 6 th Floor, Kalpataru Square, Kondivita Road, Off – Andheri- Kurla Road, Andheri (East), Mumbai- 400059, Maharashtra, India. Please read the terms and conditions of use enshrined in this document carefully before using the WhatsApp Chatbot. By using this WhatsApp Chatbot, you signify your assent to these terms and conditions of its use. INDOASIAN reserves the right to change, modify, amend, or update the Agreement from time to time, and such amended provisions of the Agreement shall be effective immediately upon being posted on the WhatsApp Chatbot account, without any prior written notice to you. If you do not agree to such provisions, you must stop using the WhatsApp Chatbot with immediate effect. Your continuous use of the aforementioned without explicit acceptance of these terms and conditions of its use shall be deemed to signify your acceptance of the same, as amended.
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This Agreement shall not be deemed to create any partnership, joint venture, or any other joint venture or business relationship between you and us except in accordance with any other explicit or implicit contract agreed between you and us elsewhere.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
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1. Eligibility:
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You represent and warrant that you intend to lawfully avail or use the services offered by INDOASIAN through the WhatsApp Chatbot ("INDOASIAN’s Services"). INDOASIAN’s Services can only be availed by individuals or business entities, including but not limited to, sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. Use of WhatsApp Chatbot is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. As such, natural persons below 18 years of age and business entities or organizations that are not authorised by law to operate in India shall not avail or use INDOASIAN’s Services. If you are a minor person, i.e. below 18 years of age, you may use this WhatsApp Chatbot only with the consent and under the guidance of a parent or legal guardian, wherever applicable.
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You agree to abide by the Agreement and any other rules and regulations imposed by the applicable laws of Republic of India from time to time. INDOASIAN shall have no liability to you or anyone else for any content, information or any other material transmitted through INDOASIAN’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material inadvertently transmitted through the negligence of INDOASIAN and/ or its employees, and that the risk of loss, claims, liability(ies), or damage(s) incurred by you from the usage or access to such material rests entirely with you. You shall do your own due diligence before entering into any transaction with user on the WhatsApp Chatbot. INDOASIAN at its sole discretion reserves the right to refuse, without citing any reason, INDOASIAN’s Services to anyone at any time. INDOASIAN’s Services are not available and may not be availed or used by user(s) whose Accounts have been temporarily or indefinitely suspended by INDOASIAN. In the event, any such user is able to place an order of the services offered through the WhatApp Chatbot, INDOASIAN shall be under no obligation to deliver on the same, whether in present or in future.
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2. Intellectual Property Rights:
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The “intellectual property rights” referred to herein shall include but shall not be limited to patent, trademark, copyright, know-how, industrial design, trade secret and other tangible or intangible intellectual property right, either through direct ownership of the same or the right to use, right of authorship, and right of inventorship to a patent application covered therein.
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INDOASIAN is the sole owner and/ or the lawful licensee, as applicable, of all the rights to the WhatsApp Chatbot and its content ("WhatsApp Chatbot Content"). WhatsApp Chatbot Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the WhatsApp Chatbot. The WhatsApp Chatbot Content embodies copyrights, trade secrets and other intellectual property rights protected under Indian and worldwide applicable laws pertaining to intellectual property. All title, ownership, license in the intellectual property rights appearing and embedded on the WhatsApp Chatbot and the WhatsApp Chatbot Content shall remain with INDOASIAN and its affiliates, as the case may be.
All rights, not otherwise claimed under this Agreement by INDOASIAN, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the WhatsApp Chatbot or any offer displayed on or in connection with any service offered on the WhatsApp Chatbot is intended, solely to provide general information for your personal use. You fully accept any and all responsibility and liabilities arising from and out of the application of such aforementioned information without any warranty or endorsement by INDOASIAN in any manner of the accuracy or reliability, or of the quality of any products and/or services obtained by you or that is not in conformance with the usage guidelines shared by the INDOASIAN, from time to time.
Nothing contained in the WhatsApp Chatbot shall to any extent be a substitute for your independent investigations and the sound technical and business judgment prior to adoption of our services for your use. You hereby acknowledge that any reliance upon the information available on WhatsApp Chatbot shall be consumed at your sole risk and further understand and acknowledge that the said information has been compiled from publicly available and published sources. INDOASIAN respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. INDOASIAN reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the information.
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Trademark
"INDOASIAN" and related icons and logos are registered trademarks or service marks of INDOASIAN in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption, copying, modification, use or publication of these marks without our prior written consent is strictly prohibited.
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Copyright
All WhatsApp Chatbot Content including information available on WhatsApp Chatbot is copyrighted to INDOASIAN excluding any third-party content and any links to any third-party websites being made available or contained on the WhatsApp Chatbot. You may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
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INDOASIAN respects the intellectual property rights of others, and we expect from you to do the same. You agree to not copy, download or reproduce the WhatsApp Chatbot content, information or any other material, text, or images, available on or through the WhatsApp Chatbot ("INDOASIAN Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) or operating a business competing with INDOASIAN, or otherwise commercially exploiting the INDOASIAN Content unless otherwise agreed between us. Systematic retrieval of INDOASIAN Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without prior written permission from INDOASIAN is prohibited.
In addition, use of the INDOASIAN Content for any purpose not expressly permitted in this Agreement is prohibited and entitles INDOASIAN to initiate appropriate legal action against you. You agree that as a condition of access to and use of INDOASIAN's Services, you will not use INDOASIAN’s Services to infringe the intellectual property rights of either INDOASIAN or any third parties in any way. INDOASIAN reserves the right to terminate your right to access or use INDOASIAN’s Services for any infringement of the intellectual property rights of INDOASIAN and/ or third parties available in conjunction with use of the INDOASIAN’s Services, or in the event INDOASIAN is of the belief that your conduct is prejudicial to the interests of INDOASIAN, its affiliates, or other user(s), or for any other reason, at INDOASIAN’s sole discretion, with or without cause.
These terms and conditions of use does not imply the right to use, license or transfer of any WhatsApp Chatbot-related intellectual property rights whatsoever, regarding both the structure and the content of the WhatsApp Chatbot.
Any representation or reproduction, in part or in whole is strictly prohibited without written permission from INDOASIAN. Any breach of this obligation by you would thus constitute an infringement on your part and for which, we hereby reserve a right to seek applicable remedy under law, without prejudice to other our rights available under the law. You expressly undertake that your use of the WhatsApp Chatbot and WhatsApp Chatbot Content will not in any way prejudice the rights of INDOASIAN..
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3. Agreement and Communication:
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This Agreement applies to any person who accesses or uses the WhatsApp Chatbot or uses INDOASIAN Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the WhatsApp Chatbot, under actual or apparent authority. You may use this WhatsApp Chatbot and/or INDOASIAN Services for their commercial/business purposes.
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This Agreement applies to all services offered on the WhatsApp Chatbot by INDOASIAN, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by you on the WhatsApp Chatbot. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the WhatsApp Chatbot, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
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When you visit WhatsApp Chatbot, you are communicating with us electronically. You will be required to place an order with us on our WhatsApp Chatbot. We may communicate with you by e-mail, SMS, phone call or by posting messages or notices on the WhatsApp Chatbot or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the WhatsApp Chatbot and/or your order placed on the WhatsApp Chatbot.
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4. Personal Data:
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The INDOASIAN processes your personal data in compliance with applicable laws and regulations. You can consult the data processing terms and conditions in the "Privacy Policy" section.
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5. E-Com:
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INDOASIAN only permits you to place order for products on the WhatsApp Chatbot and shall not be held liable to provide the products to you unless accepted specifically.
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6. Warranties And Liability:
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Given the characteristics of the internet network for the use of the WhatsApp Chatbot, you declare you are well aware and you assume the risks arising, directly or indirectly, from the availability and transmission of the data through this network.
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Although INDOASIAN makes every effort to provide reliable content, and despite the care taken in its operation, some errors may be found in this WhatsApp Chatbot. INDOASIAN declines all responsibility relating to the accuracy, quality, exhaustiveness and suitability of the products for your requirements. Under no circumstances can INDOASIAN be held liable for direct or indirect damage resulting from accessing this WhatsApp Chatbot or using the information contained therein (e.g.: errors, omissions, inaccessibility, data loss, damage, destruction or viruses liable to affect your IT equipment). Therefore, you are invited to and inform us of any errors on the WhatsApp Chatbot to enable us to update the WhatsApp Chatbot.
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INDOASIAN shall not be in particular held liable for any viruses that might be present on the WhatsApp Chatbot or any other malware (worms, Trojans, spyware etc.). In this regard, you undertake to take all necessary security measures. Therefore, you acknowledge using the WhatsApp Chatbot under your own exclusive responsibility and you are invited to make any necessary checks. It is in particular your responsibility to set up or ensure the use of a personal secured computer network or handheld mobile device, as well as to ensure a correct technical configuration of the connection box connected to your Internet Service Provider and of other devices such as radio access equipment (WIFI, 4G…).
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INDOASIAN shall not be liable for any interruptions in the access to the WhatsApp Chatbot. In addition, INDOASIAN may, at its own discretion, either temporarily or indefinitely interrupt access to the WhatsApp Chatbot. In order to ensure effectiveness and security of the services, we reserve the right to make changes at any time, without notice, to the technical characteristics of our services.
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To the fullest extent permitted by the law, INDOASIAN or its partners shall not, in any case, be liable for indirect damage, consequential damage, lost profit or damage from data loss or from operating loss caused by use or by impossibility of using the WhatsApp Chatbot or its content, whether based in contract, negligence, tort, strict liability or any other basis and whether or not INDOASIAN has been advised of the possibility of such damages.
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In case of force majeure or acts of God (such as disruption of connections and/or of power supply), INDOASIAN reserves the right to terminate or suspend without notice the operation of the WhatsApp Chatbot. The force majeure suspends the obligations of INDOASIAN for the entire duration of the force majeure event.
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It is expressly understood that the following are considered as cases of force majeure, in addition to those which are usually retained by law, fires, storms, lightning, strikes, floods, earthquakes, epidemics, terrorist attacks, explosions, war, military operations or civil disorders, disruption of means of transportation or procurement, shortage of energy supply, computer viruses, computer hacking, cybersecurity incidents, electrical and electromagnetic phenomena which disturb the mobile networks, any legislative or regulatory measures regarding the WhatsApp Chatbot, in whole or in part, in particular those imposed by an organization or a national or international authority, as well as any modifications of these ones.
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7. Hypertext links:
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INDOASIAN has no control over the content of third-party websites/applications. INDOASIAN thus formally denies any liability for the content of the linked websites/applications. These links are provided to you on the INDOASIAN WhatsApp Chatbot as a service. The decision to activate the links is solely up to users. Please note that non-affiliated websites/applications are subject to their own terms of use. INDOASIAN implemented measures aimed to ensure the security of personal data collected on the INDOASIAN WhatsApp Chatbot. Though, INDOASIAN wishes to draw your attention to potential risks in terms of data confidentiality linked to the internet use.
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Given the characteristics of the risks arising from internet network for the use of the WhatsApp Chatbot, you hereby declare you are well aware, and you assume the risks arising, directly or indirectly, from the availability and transmission of the data through the internet network. INDOASIAN implemented measures aimed to ensure the security of personal data collected on the WhatsApp Chatbot.
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8. Limitation of Liability:
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The features and services on the WhatsApp Chatbot are provided on an "as is" and "as available" basis, and INDOASIAN 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. INDOASIAN makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the WhatsApp Chatbot including display or listing of tenders on the WhatsApp Chatbot which in no manner is endorsed by INDOASIAN. Moreover, INDOASIAN does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment. Any material downloaded or otherwise obtained through the WhatsApp Chatbot is at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from WhatsApp Chatbot shall create or be deemed to create any warranty not expressly stated herein.
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You hereby further agree to indemnify and save INDOASIAN, 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 on the WhatsApp Chatbot. INDOASIAN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with INDOASIAN in asserting any available defences.
INDOASIAN shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
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The use or the inability to use the WhatsApp Chatbot.
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Any defect in goods, samples, data, information or services purchased or obtained by you or a third-party service provider through the WhatsApp Chatbot.
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Violation of third-party rights or claims or demands that your, distribution, offer, display, purchase, sale and/or use of products or services offered on the WhatsApp Chatbot may violate or may be asserted to violate third-party rights
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Unauthorized access by third parties to your data or private information.
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Statements or conduct of any user(s) of the WhatsApp Chatbot.
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In connection with any of the foregoing, INDOASIAN reserves the right to suspend or terminate your Account as deemed appropriate by INDOASIAN at its sole discretion. You agree that INDOASIAN shall have no liability to any user(s), including liability in respect of consequential or any other damages, in the event INDOASIAN takes any of the actions mentioned in this provision.
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9. Notices:
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All notices or demands to or upon INDOASIAN shall be effective if in writing and shall be deemed to be duly made when sent to INDOASIAN addressed to Novateur Electrical & Digital Systems Private Limited at its registered office at 61/62, 6 th Floor, Kalpataru Square, Kondivita Road, Off Andheri- Kurla Road, Andheri (East), Mumbai- 400059, Maharashtra, India.
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All notices or demands to or upon you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by you on the WhatsApp Chatbot, or by posting such notice or demand on an area of the WhatsApp Chatbot that is publicly accessible without a charge.
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Notice to you shall be deemed to be received by you if and when WhatsApp Chatbot is able to demonstrate that communication, whether in physical or electronic form, has been sent to you or immediately upon WhatsApp Chatbot’s posting such notice on an area of the WhatsApp Chatbot that is publicly accessible without charge.
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10. Our Details:
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This WhatsApp Chatbot is operated by INDOASIAN. For the INDOASIAN website, you could contact us by visiting: https://ecom.indoasian.com/
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You can also contact us through email at: grievance.officer-02@indoasian.com
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Toll Free Number: +91-9136868587
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11.Customer Complaint Details:
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The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.
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12. Miscellaneous:
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Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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INDOASIAN’s failure to enforce any right or failure to act with respect to any breach by you under the Agreement and/or Privacy Policy will not be deemed to be a INDOASIAN’s waiver of that right or INDOASIAN's waiver of the right to act with respect to subsequent or similar breaches.
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INDOASIAN shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating to INDOASIAN’s Services to any person or entity.
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If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
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All calls to INDOASIAN are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from INDOASIAN may be monitored and recorded.
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Ms. Seema Rani is the designated Grievance Officer in respect of INDOASIAN’s Services.
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Any complaints or concerns with regards to any content on INDOASIAN’s Services or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Novateur Electrical & Digital Systems Private Limited at its registered office at 61/62, 6 th Floor, Kalpataru Square, Kondivita Road, Off Andheri-Kurla Road, Andheri (East), Mumbai - 400059, Maharashtra, India or through an email signed with the electronic signature sent to grievance.officer-02@indoasian.com
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13. Rights And Obligations:
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INDOASIAN grants you the right to access and use the WhatsApp Chatbot. The equipment and other physical facilities, in particular the telecommunications costs, necessary to access the WhatsApp Chatbot are your exclusive responsibility.
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You may only use this WhatsApp Chatbot in compliance with these terms and conditions of use and, in any case, you may only use this WhatsApp Chatbot for lawful purposes, i.e. in compliance with all applicable legislation, regulations and practices in Republic of India and/ or in the country from which the WhatsApp Chatbot is accessed.
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Should it transpire that one of the provisions of these terms and conditions of use is invalid, this shall in no way affect the other provisions contained hereunder.
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14. Termination:
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Most content and some of the features on the WhatsApp Chatbot are made available to you free of charge. However, INDOASIAN reserves the right to terminate access to certain areas or features of the WhatsApp Chatbot (to paying or registered user(s)) at any time without assigning any reason and with or without notice to you. INDOASIAN also reserves the universal right to deny access to particular user(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of INDOASIAN and/ or other user(s) of the WhatsApp Chatbot. INDOASIAN further reserves the right to limit, deny or create different access to the WhatsApp Chatbot and its features with respect to different user(s), or to change any or all of the features of the WhatsApp Chatbot or introduce new features without any prior notice to You.
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INDOASIAN reserves the right to terminate the membership/subscription@ of any user(s) temporarily or permanently for any of the following reasons:
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If any false information in connection with their account registered with INDOASIAN is provided by you, or if you have engaged in fraudulent or illegal activities/transactions.
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If you breach any provisions of the Agreement.
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If you utilize the WhatsApp Chatbot to send spam messages or repeatedly publish the same product information.
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If you post any material that is not related to trade or business cooperation.
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If you impersonate or unlawfully use another person’s or business entity’s name to post information or conduct business in any manner.
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Or you involve in activity that may not be in accordance with the ethics and honest business practices.
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If INDOASIAN terminates the membership of any registered user(s), such person will not have the right to re-enrol or join the WhatsApp Chatbot under a new account or name unless invited to do so in writing by INDOASIAN.
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15. Disclaimer:
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You acknowledge and undertake that you are accessing the services on the WhatsApp Chatbot and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the WhatsApp Chatbot.
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16. Waiver:
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If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
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17. Governing law and Jurisdiction:
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The WhatsApp Chatbot and these terms and conditions of its use are governed by and construed in accordance with the laws of Republic of India.
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In the event of any possible dispute, and after attempts have been made to seek an out-of-court settlement, all claims arising out of or relating to this WhatsApp Chatbot will be litigated exclusively in the courts at Delhi (India).