16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
16.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
16.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
16.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.
16.4. In no case shall Bow Bow, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17. COPYRIGHT AND TRADEMARK
17.1. Each time You upload the Content, You grant Bow Bow a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by Bow Bow on the Platform.
17.2. You agree and confirm that:
17.2.1. All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on the Platform (“IP”) is owned by and/or licensed to Us or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
17.2.2. No extracts of the Platform or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.
17.2.3. Your use of the Platform does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Bow Bow, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
17.2.4. Bow Bow shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.
You agree to indemnify, defend and hold harmless Bow Bow and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
19.1. The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
19.2. These Terms of Service are effective unless and until terminated. If in Our sole judgment, You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
20.1. Jurisdiction: This Terms of Service shall subject to the provisions of Clause 20.2, be subject to the exclusive jurisdiction of the courts of Pune.
20.2. Dispute Resolution:
20.2.1. The Parties shall attempt in good faith to resolve any disputes, differences or claims arising out of or relating to this Terms promptly by negotiation amongst Bow Bow and the Merchant.
20.2.2. Any dispute or claim which is not amicably settled between the Parties within 30 (thirty) days of written notice of such dispute or claim having been furnished by the complaining Party to the other Party, shall be resolved by final and binding arbitration of a sole arbitrator, to be nominated by mutual agreement between the Parties, and who shall not be directly connected with the matter. The arbitration shall be held in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be Pune, India, unless an alternate location is acceptable to both Parties. The arbitration proceedings shall be conducted in the English Language and a record of the proceedings shall be maintained in English.
20.2.3. Neither the existence of any dispute nor the fact that any arbitration is pending hereunder shall relieve any of the Parties of their respective obligations under this Agreement.
20.2.4. Parties shall bear equally the costs of the arbitration. Each Party shall pay its own attorneys’ fees, witness fees and other expenses incurred for its own benefit.
20.5. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
20.6. These Terms of Service and any policies or operating rules posted by Us on the Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
20.7. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting Party.
20.8. Nothing in this Agreement shall be deemed to constitute a partnership between the parties or constitute either Party the agent of the other for any purpose. Either Party shall have no authority, without the prior written consent of an executive officer of the other Party, to: (a) create any obligation or responsibility on the part of the other Party; legally bind or obligate the other Party in any other manner; or supervise or direct any of the other Party’s employees.
20.9. We shall not be held liable for any of Our obligations under the Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
20.10. You can review the most current version of the Terms of Service/ Terms/Agreement at any time on the Platform.
20.11. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
To Bow Bow:
Any amendment, notice, or other communication under this Agreement by Merchant to Bow Bow shall be sent by personal delivery or courier or email/facsimile or by registered mail at the addresses set forth below (or at such other address or through such other medium as the Bow Bow may previously have notified Merchant in writing):
Address: Bow Bow Products and Services, The Executive Center, Level 9, Tower 2, World Trade Center, Kharadi, Pune 411 014
Fax: +91 20 4692 3777
Attn: Mr Raja Narasimhan or Mrs Priti Raja Narasimhan
Email: firstname.lastname@example.org or email@example.com
Any amendment, notice, or other communication under this Agreement by Bow Bow to Merchant shall be sent either by: (a) personal delivery or courier or email/facsimile or by registered mail as provided in Schedule 1 of this Agreement; or (b) communication on the Platform; or (c) at such other address or through such other medium as Bow Bow may previously have notified Merchant in writing.
20.13. Neither Party can assign this Agreement or any of its rights and obligations hereunder to a third party, without the prior written consent of the other Party. Provided however, Bow Bow shall be free to assign this Agreement, or any right or interest herein, to any successor entity of Bow Bow, pursuant to any corporate restructuring including but not limited to its conversion in a body corporate.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND SUBSCRIBED THEIR RESPECTIVE HANDS TO THESE PRESENT ON THE DATE MENTIONED BELOW TO BE EFFECTIVE FROM THE DATE FIRST MENTIONED ABOVE:
For and on behalf of:
Bow Bow Products and Services
For and on behalf of:
1. Details of Merchant
1.1. a citizen of, individual residing at/a partnership/a incorporated under the Companies Act, 1956/2013, having its address at __________________________________________________________________
1.2. Other Details
2. Effective Date shall mean ____________________
3. Products to Sold/Services to be Provided________________________________________; and
4. Key Commercial Terms
Signature of the Merchant/Authorized Representative of the Merchant
In order to help promote quality products and services, the dedicated team at Bow Bow Products & Services Pvt Ltd is giving focused attention to micro, small, medium and large entities producing Animal food, accessories and animal care products in India.
This is a small beginning and we are trying our best to connect quality conscious vendors directly to the consumers through this entity. Read More