Welcome to SMEnetwork.net Terms of Service Agreement ("Agreement"). This Agreement describes the terms and conditions applicable to your use of the SMEnetwork.net web site, which features tools for trading and communicating in a global business to business e-market (the "Service").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH SMENETWORK OFFERS YOU ACCESS TO THE SERVICE.

1. Acceptance Of Terms.

WELCOME TO SMENETWORK'S ONLINE SERVICE (the "SERVICE"). All rights related to SMEnetwork are to be held by FISME - Federation of Indian Micro and Small & Medium Enterprises. Fisme is an autonomous body which is dedicated to assisting Small and Medium Enterprises of India. The following describes the terms and conditions between you and SMEnetwork.net (" SMEnetwork") under which SMEnetwork offers you access to the Service. Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I HAVE READ & ACCEPT THE TERMS OF THE SMENETWORK TERMS OF SERVICE AGREEMENT" AND THE "SUBMIT" BUTTONS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND FISME / SMENETWORK'S PRIVACY POLICY.

FISME / SMEnetwork may amend these terms and conditions at any time by posting the amended terms on this website. The amended terms shall automatically be effective immediately upon posting. These terms and conditions were last amended on November 30, 2002. Delivery by FISME / SMEnetwork of the amended terms and conditions and your continued use of the Service shall be deemed to be acceptance of the amended terms. These terms and conditions may not otherwise be modified, except in writing by an authorized officer of FISME / SMEnetwork.

In these terms and conditions, all users of the Service shall be referred to as the "User".

2. The Service.

The Service is offered only to business or corporate entities (e.g. corporation, limited liability company, partnership, sole proprietorship etc.).

The User will select a User ID and Password to access the Service. The User shall be solely responsible for maintaining the confidentiality of the User's User ID and Password and for all activities that occur under the User's User ID and Password. The User hereby undertakes to notify FISME / SMEnetwork immediately of any unauthorized use of the User's User ID and Password or any other breach of security. The User hereby agrees and confirms that FISME / SMEnetwork shall not be liable for any loss or damages arising from the User's failure to comply with this paragraph.

FISME / SMEnetwork may assign a web-based email account in case a user needs it with limited storage space for the User to send or receive email through the Service (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

FISME / SMEnetwork may allow Users access to products and services offered by third party websites through hyperlinks or "co-branded" sites accessible through the FISME / SMEnetwork website. The User acknowledges that FISME / SMEnetwork has no control over such third party's website and FISME / SMEnetwork shall not be responsible or liable to anyone for the availability of such website, or any goods, product or service made available on such website, and does not endorse and is not responsible or liable for any content, advertising, product or other material on or available from such third party website.

The User further acknowledges and agrees that FISME / SMEnetwork shall not be responsible or liable, directly or indirectly, for any loss, claims, damages or actions arising from or caused or alleged to be caused by or in connection with the use of or reliance on any information or content available on or through such third party website or any underlying transaction between the User and any such third party.

FISME / SMEnetwork reserves the right to limit, deny or create different priorities to different users or to change the Service and/or all of its features and/or to change, upgrade, modify, alter, limit or terminate the Service at any time temporarily or permanently without prior notice and for any or no reason at its sole discretion. FISME / SMEnetwork further reserves the right to introduce new features, functionalities and/or applications to the Service or to future versions of the Service. These terms and conditions shall govern all new features, functionalities, applications, modifications, upgrades and alterations, unless otherwise stated by FISME / SMEnetwork.
The User agrees to the effect that such action may have on his ability to use the Service hereby agree that in no event shall FISME / SMEnetwork be liable to the User or any third parties for any inability to use the Service, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage arising therefrom or occasioned thereby or for the results obtained from the User's use of the Service.

The User agrees not to reverse engineers, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the Service, its communication protocol or any information available on, derived or extracted in relation to the Service other than as allowed under these terms and conditions.

3. Acceptable Use Policy

This Service is intended for personal use. The User may only use this Service to make legitimate requests to purchase or offers to sell the products or services offered (each, a "Request" or an "Offer" as the case may be) and shall not use the Service to make any speculative, false or fraudulent Requests or Offers, whether or not in anticipation of demand.

The User represents that the User has sufficient authority and is of sufficient legal capacity to create binding legal obligations for any liability the User may incur as a result of the User's use of the Service.

The User is solely responsible for all information provided to FISME / SMEnetwork or others during registration or any other time during the use of the Service ("Your Information") and FISME / SMEnetwork acts as a passive conduit for the User's online distribution and publication of Your Information.
For the avoidance of doubt, "Your Information" includes any information data, text, software, music, sound, photographs, graphics, video, messages and other materials provided by the User to FISME / SMEnetwork during registration, trading or listing processes or at any other time during the User's use of the Service.

The User warrants and agrees that the User has all rights, including all copyrights, or has obtained all necessary third party copyright or trademark licenses and permissions in relation to Your Information and shall be solely responsible for ensuring that any material or information posted on the Service or provided to FISME / SMEnetwork or authorized to FISME / SMEnetwork to display or publish through the Service does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party of any third party or is posted with the permission of the owner(s) of such rights.
Notwithstanding any of the above provisions, FISME / SMEnetwork reserves the right to take any action (including withdrawing any part or all of Your Information) FISME / SMEnetwork deems necessary or appropriate if, in FISME / SMEnetwork's sole discretion, FISME / SMEnetwork believes may create liability for FISME / SMEnetwork or may cause FISME / SMEnetwork to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or may cause us to contravene any applicable laws or regulations regulating the conduct of web and/or Internet related activities.

The User shall not use the Service for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, imposturing, fraud, forgery, electronic trespass, hacking and system contamination including without limitation, use of viruses, worms and Trojan Horses causing unauthorized damage or harmful access and/or retrieval of information.

Any Request or Offer made through the Service shall not
(a) be fraudulent or make fraudulent offers or involve the sale or purchase or attempted sale or purchase of counterfeit or stolen items or otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement or violation of any third parties' copyright, patent, trademark, trade secret or other proprietary right(s);
(c) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be obscene or contain or infers any pornography or sex-related merchandising or any other sexual content or otherwise promotes sexually explicit materials or is otherwise harmful to minors.

The User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

The User may not take any action which may undermine the integrity of FISME / SMEnetwork's feedback system, such as leaving positive feedback for himself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

4. Transactions between Buyers and Suppliers

FISME / SMEnetwork is not involved in the actual transaction between Users. As a result, FISME / SMEnetwork has no control over the quality, safety or legality of the items offered for sale, the truth or accuracy of the listings, the ability of the suppliers to sell the items or the ability of buyers to buy items. Further, FISME / SMEnetwork cannot and does not control whether or not sellers will complete the sale of items they offer for sale or buyers would complete the purchase of the items they procure through the Service. In addition, Users are hereby made aware that there may be risks of dealing with foreign nationals, underaged persons or people acting under false pretences.

Users are solely responsible for all of the terms and conditions of the transactions between themselves and other buyers and sellers (as the case may be), including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

FISME / SMEnetwork 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 (a) any third party website hyperlinked to the FISME / SMEnetwork website, or any products, services, information, data or other content offered or provided therein; and/or
(b) any product, service, information, data or other content offered or provided by third parties in or through the FISME / SMEnetwork website.

As FISME / SMEnetwork acts only as a facilitator to the transactions between Users, FISME / SMEnetwork shall have no liability for the failure of any items bought or sold via the Service to meet any specification, requirement or description or for the breach or alleged breach of any warranty given or made by the supplier or for the failure of the supplier to deliver the items to the buyer or for the failure of the buyer to make payment. As a condition for the use of the Service, each User agrees to look solely to the other party to the transaction for damages or liabilities incurred as a result of any failure to meet specification or description, breach or alleged breach of warranty or failure to make delivery or failure to make payment.

In the event that any User has a dispute with any party to a transaction, the parties agree to release and indemnify FISME / SMEnetwork and save us harmless (and our agents, affiliates, directors and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Unless otherwise prohibited by any applicable law, all Users hereby waive any statutory or regulatory provision or similar provision to such effect which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

5. User's Responsibility

Users are hereby granted access to FISME / SMEnetwork's various directories, databases and listings in accordance with these terms and conditions and as otherwise permitted by FISME / SMEnetwork. Any other use or attempt to use FISME / SMEnetwork's various directories, databases and listings for commercial, copying, reproduction, mass marketing (whether by spamming or not) or any other unauthorized purpose is strictly prohibited. The User agrees that the User shall not commercially exploit any information received or accessed through the Service including but not limited to copying (through robots, spiders, any automatic device or manual process) except with FISME / SMEnetwork's prior written consent.

The User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. Each User shall not undermine or attempt to undermine the security or integrity of the computer systems or networks used by FISME / SMEnetwork and/or any user of the Service and shall not attempt to gain unauthorized access to such computer systems or networks. The User shall not use the Service for any illegal purposes or in support of any illegal purpose or activity.

Each User hereby represents, warrants and agrees to
(a) provide true, accurate, current and complete information about itself and its business referees as may be required by FISME / SMEnetwork; and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.

If any User provides any information that is untrue, inaccurate or is not current or complete, or if FISME / SMEnetwork has reasonable grounds to suspect that such information is untrue, inaccurate or is not current or complete, FISME / SMEnetwork has the right to suspend or terminate such User's membership and refuse any and all current or future use of the Service or any other services that may be provided by FISME / SMEnetwork.

Each User agrees and accepts that FISME / SMEnetwork shall not actively monitor nor exercise any editorial control whatsoever over the content of Your Information or other material or information created, obtained or accessible through the Service. FISME / SMEnetwork does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User.
Each User is solely responsible for the contents of such User's information and may be held legally liable or accountable for the content of each such User's comments or other material or information. However, FISME / SMEnetwork reserves the right to remove any material it becomes aware of that is in it sole discretion, potentially unlawful, could subject FISME / SMEnetwork to liability, violates these terms and conditions or is otherwise found inappropriate. FISME / SMEnetwork reserves the right to cooperate fully with legal authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, FISME / SMEnetwork reserves the right to suspend or terminate the membership of such User as FISME / SMEnetwork deems appropriate in its sole discretion.

Further, each User agrees to indemnify FISME / SMEnetwork, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the User's posting of information or deletion thereof, from such User's use of the Service or from such User's breach of these terms and conditions. Each User further agrees that FISME / SMEnetwork is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User.

Each User represents, warrants and agrees that it shall not use the Service for any unlawful or inappropriate purposes, including without limitation, spoofing, sniffing, eavesdropping, imposturing or spamming other users, harassment, fraud, forgery, electronic trespass, hacking, system contamination including without limitation use or viruses, worms and Trojan horses causing unauthorized damaging or harmful access and/or retrieval of information.

6. Charges and Fees

The rates for fees chargeable under the Service shall be published on FISME / SMEnetwork's website. All fees (if any) shall be payable in advance to FISME / SMEnetwork by cash, or by sending a cheque / DD payable to FISME / SMENETWORK , New Delhi . Unless otherwise agreed between FISME / SMEnetwork and any User, all payments made are non-refundable.

FISME / SMEnetwork Fee is to be accompanied by a certificate of Industrial Association the user is a member of certifying the credentials .All rates are exclusive of any taxes, duties or other governmental, banking or transactional and handling charges or levies that each User shall continue to be liable for as and when the same is imposed or incurred.

FISME / SMEnetwork reserves the right to modify its pricing structure and payment conditions from time to time at its sole discretion

 

7. Termination of Membership

FISME / SMEnetwork may terminate the Service at any time on the giving of at least one (1) months notice to the User or immediately by notice if there is any breach of a material term of these terms and conditions by the User.

FISME / SMEnetwork may also terminate the provision of the Service to any User if such User's membership has not been activated or his account remains inactive for three (3) consecutive months. In such a case, if the User wishes to reactivate his account, the User shall be required to proceed with FISME / SMEnetwork's registration process to re-register as a User of the Service.

Without limitation to any remedies that may be available, FISME / SMEnetwork may immediately issue a warning, temporarily suspend (whether for a fixed period or indefinitely) or terminate a User's membership, any of the User's listings or any other information placed by the User on FISME / SMEnetwork's website if
(a) The User breaches a material term herein;
(b) FISME / SMEnetwork is unable to verify or authenticate any information provided by the User; or
(c) FISME / SMEnetwork believes in its sole discretion that the User's act or omission may cause legal liability for the User, any other Users, third party service providers or FISME / SMEnetwork.

Furthermore, FISME / SMEnetwork may suspend or terminate any User's membership if the User is found (whether by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with the use of FISME / SMEnetwork's website or the Service.

Upon termination, all licenses, rights and privileges granted to the User shall cease.

Notwithstanding any of the above provisions, termination of the relationship herein shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained herein which is expressly or by implication intended to come into or continue in force on or after such termination.

8. Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FISME / SMEnetwork 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.
FISME / SMEnetwork MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE.

Any material downloaded or otherwise obtained through the use of the Service is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from FISME / SMEnetwork or through or from the Service shall create any warranty not expressly stated herein.

Under no circumstances shall FISME / SMEnetwork be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save FISME / SMEnetwork, its employees, agents and representatives harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Service (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions herein. Each User further agrees that FISME / SMEnetwork 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 each User.

Except to the extent that such liability cannot be excluded by or limited by law, FISME / SMEnetwork 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 or not advised of the possibility of damage, regardless of the form of action, whether in contract, negligence, tort or otherwise or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, samples, data, information or services purchased or obtained or messages received or transactions entered into of through of from the Service;
(c) unauthorized access to or alteration of transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the Service however arising, including negligence.
.
9. Intellectual Property Rights

FISME (Federation of Indian Micro and Small & Medium Enterprises )is the sole owner of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with FISME / SMEnetwork.net. All rights not otherwise claimed herein or by FISME / SMEnetwork.net Corporation are hereby reserved.

"FISME / SMEnetwork™", "FISME / SMEnetwork.net™", and related icons and logos in various languages and translations, are trademarks and service marks of FISME / SMEnetwork.net in India and other countries and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

10. Notices

All notices or demands to or upon FISME / SMEnetwork shall be effective if in writing and shall be deemed to have been duly made when sent to FISME / SMEnetwork in the following manner: to B4/161, Safdarjung Enclave, New Delhi-110029
All notices or demands to or upon the User shall be effective if either delivered personally, sent by commercial overnight courier, certified mail, or by facsimile or email to the addresses and correspondence information provided by the User (as may be amended or updated from time to time by the User).

11. General

These terms and conditions constitute the entire agreement between the User and FISME / SMEnetwork and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

FISME / SMEnetwork's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives FISME / SMEnetwork's right to act with respect with subsequent or similar breaches.

FISME / SMEnetwork shall have the right to assign their obligations and duties herein to any person or entity.

More about Us
1. The services hereunder are offered by FISME / SMEnetwork.net. For more information, please email us at coordinator@smenetwork.net.

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