The Dollar Business licenses are subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of The Dollar Business (Vimbri Media Pvt. Ltd.), as set out below. The term of this agreement shall continue and would be in force till the time you use The Dollar Business licenses service and you agree that you are bound by the terms as mentioned herein.
Please read these terms carefully as they form a contract between the customer (Users, End-Users, or Candidates) "You" and "The Company", "We", "Us" and govern use of and access to the Service(s), App and Websites by You, Your Affiliates, Users and End-Users.
By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s), App or Website, you agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an "Entity"), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, "You", "Your" or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, you must not accept these Terms and may not access or use the Service(s) or Websites.
You, as an individual, must be 18 years or older to access or use the Websites and the Service(s). Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Website and avail the Service(s).
Further, in the event that it is discovered that You are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), or if the details provided by You are false or inaccurate, we shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.
These Terms are applicable during your subscription to the Service(s) through a Subscription Plan of Your choice.
When used in these terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
- Customer: means any person or entity who has access to, browses or uses the Service(s) Mobile App or Website or intends to have access to, browse or use the Service(s) or Website, either himself / herself / itself or through his / her / its employees being the Users or End-Users.
- Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service(s) provided or made available by Us to You or Your Users through the Service(s) or otherwise.
- End-User: means any person or entity other than You or Your Users with whom You interact using the Service(s).
- Technology Platform: means online platform to collate and connect its users with international potential business buyers for their product requirements. Its Website is https://www.thedollarbusiness.com/ for the avoidance of doubt, If you use our website; you mean to use this service.
- Personal Data: means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with our company website and/or Mobile App, is capable of identifying such person (or as defined under Applicable Data Protection Law) and includes Sensitive Personal Data.
- Software: means software provided by Us (either by download or access through the internet) that allows You to use any functionality in connection with the Service(s) and includes a Mobile Application.
- Subscription Plan(s): means the pricing plan(s) and the functionality and services associated therewith (as detailed on the Websites) for which You subscribe with respect to any User or End-User.
- Us: means Vimbri Media Pvt. Ltd. (The Dollar business) an Indian corporation, or any of its successors or assignees. In these Terms, us may also be referred to as "We", and "Our".
- User: means those who are designated users within the Service(s), including an Account administrator, agents and other designated users.
- Using the Dollar business Technology: Subject to Your compliance with the Terms and solely during the Subscription Term, you have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Subscription Plans.
2. YOUR RESPONSIBILITIES
2.1 Your Account:
Subject to any limitation on the number of individual users available under the service plan to which you subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords ("User Login") and such User Login shall be used only by one individual.
If you are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, you acknowledge that it is Your sole responsibility to obtain necessary consents from such clients.
You should, not share Your User Login with any third parties. In any event, unless you notify Us of any unauthorized use or suspicious activity in Your Account, you are responsible for all activities that occur under Your Account. The company will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, you are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
2.2 Your use of the Service(s):
You agree not to
- (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms;
- (b) use the Service(s) to Process data on behalf of any third party other than Your Users and End-Users;
- (c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
- (d) falsely imply any sponsorship or association with Us;
- (e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
- (f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
- (g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
- (h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
- (i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
- (j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory;
- (k) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software ("Malicious Software");
- (l) establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
- (m) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
- (n) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology;
- (o) try to use, or use the Service(s) in violation of these Terms.
2.3 Loss of data
You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
2.4 Cease of usage
If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose. In case any license holder is found to be using his license(s) for a specified activity or purpose is prohibited with respect to the Service(s), his license shall be suspended indefinitely. He will also be liable to pay for all damages to reputation of The Dollar Business and costs incurred by the company in the process.
We may suspend access to any portion or all of our Services at any time if we decide, in our sole discretion, that your use of our Services:
- Is in non-compliance to TDB’s 'Good Usage Practises';
- Poses a security risk to any individual or enterprise;
- May materially and adversely impact us or a Data Provider;
- May cause us to incur a liability;
- Is in breach of our Agreement;
- Is required by law of the land.
Further, a 'single license' purchased (under GROW, CONNECT, CONQUER or CONQUER+) authorises only a 'single user/ terminal/ device' access to The Dollar Business’ services, including but not limited to EXIMAPS and related content. To block unauthorised multiple sign-ins, in case it is discovered that a certain login credential is being used by more than one individual or enterprise, for security reasons, your account's access to The Dollar Business' services shall be suspended with immediate effect. If the situation reoccurs, the account shall be suspended indefinitely.
If we suspend your access to any portion or all of our services:
- You remain responsible for all accrued fees and other amounts that you owe to us (including fees for Services that you may continue to have access to);
- You will have no further rights to continue using our services and any related material gained during the service period;
- Unless we close your account, we will reinstate your account once we are satisfied that the circumstances causing the suspension have passed;
- Our right to suspend is in addition to our right to permanently close your account.
You must not use The Dollar Business website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not The Dollar Business, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only and only in accordance with the applicable law. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety.
3. ACCESS TO THE SERVICE(S)
3.1 Unavailability of services
You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) ("Planned Downtime"), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
3.2 Downtime periods
We will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.
4. CHANGES TO THE SERVICE(S), MOBILE APP AND WEBSITE
4.1 Our Service(s):
We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements, or updates ("Updates"). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.
The Dollar Business (Vimbri Media Pvt. Ltd.) reserves the right to add to or change/modify the terms of this agreement including but not limited to suspend/cancel, or discontinue any or all service at any time without notice, make modifications and alterations in any or all of the content, products and services contained in the pack without prior notice. Such changes will be posted to www.thedollarbusiness.com for your convenience to understand your responsibility as a user. You are responsible for regularly reviewing these Terms & Conditions so that you are apprised of any changes. You will be deemed to have accepted such change(s) if you continue to access www.thedollarbusiness.com subsequent to such changes.
We may access and process the Service Data to modify, upgrade and enhance Our Service(s), Website and any other features or services, including but not limited to the algorithm of the Service(s), mobile App or Website, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of Your user experience and to service You in a better manner. We do not use or download the Service Data uploaded by You at any time for Our own use.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of IPR:
Except for the rights granted to You under Section 1, all rights, title and interest in and to all Our inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the mobile app, Website, and any part of it (collectively, "Intellectual Property Rights") shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in relation to the Service(s) and Our mobile App, Website, and the content or material published on it.
Our Intellectual Property Rights in relation to the Service(s) and Our Websites, and the content or material published on it are protected by intellectual property laws, including but not limited to, copyright laws and treaties around the world. You must not use any part of the content or material in the Service(s) or on Our Websites for commercial purposes without obtaining a license to do so from Us.
You may not deploy within The Dollar Business website any bot, spider, web crawler or other automated query programmes at any time for any reason. The Dollar Business prohibits scraping, crawling, caching or otherwise accessing any content on its website. The use of automated systems or software to extract data from the website (including but not limited to screen scraping, web scraping and data scraping) is prohibited unless you have a written agreement with The Dollar Business in which it permits you to do so. In case you are found indulging in any of the aforementioned activities, you will be liable to pay for all damages to reputation of The Dollar Business and costs incurred by the company in the process.
5.2 Grant of License to You:
Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, "Marks"), and You may only use such Marks to identify Yourself as a user of the Service(s) You have subscribed to.
5.3 Reservation of Rights:
All rights not expressly provided to You herein are reserved.
6. THIRD PARTY INTEGRATIONS
Certain other features and integrations, including but not limited to payment, communication integrations, user visibility, social media hooks, job vacancy posting on job boards, assessment services, background verification services ("Third Party Integrations") are available to You through third-party platforms and forums where applications are developed for their integration with the Service(s).
These Third-Party Integrations are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these Third Party Integrations where You choose to enable these Third Party Integrations and integrate them into Our Service(s). By enabling the Third Party Integrations, You understand and agree that We do not provide any warranties in any manner whatsoever for Third Party Integrations and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Integrations, or Your reliance on the privacy practices, data security processes or any other policies and processes of such Third Party Integrations. You understand that We are not responsible for providing technical support for such Third Party Integrations and that We are not responsible for the data hosting and data transfer practices followed by providers of such Third Party Integrations. To this extent, You shall address any comments, queries, complaints or feedback about such Third Party Integrations to the respective developers or publishers as specified on such other platforms or forums.
7.BILLING, PLAN MODIFICATIONS AND PAYMENTS
7.1 Subscription Charges:
Unless otherwise specified all charges associated with Your Account ("Subscription Charges") are due in full and payable in advance, in accordance with Section 7.2, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Subscription Plans You choose and are payable in full until You terminate Your Account in accordance with Section 8. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
TDB has a strict policy against part payments. Until the entire sum equivalent to the invoice value for the given product is realised by Vimbri Media Pvt. Ltd., no feature including EXIMAPS shall be activated, and no services shall be rendered to the license holder.
The Dollar Business (Vimbri Media Pvt. Ltd.) reserves the right to accept or reject any request for purchase of any of EXIMAPS’ licenses.
7.2 Payment methods:
You may pay the Subscription Charges through Your netbanking, Debit card, UPI, credit card, or other accepted payments method as specified in a Form. For credit card payments, your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof).
For payments through other accepted methods, your payment is due within 15 (fifteen) days of Our invoice date ("Due Date") unless otherwise stated in a Form.
Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that unless You terminate Your Account in accordance with Section 8, Your credit card/ payment method will be charged automatically for the applicable Subscription Charges.
7.4 Third-party privacy
We may use a third-party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us.
You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at [email protected]
Unless otherwise specified in these Terms or a Form or a Subscription Plan, all Subscription Charges are non-refundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.
7.6 Upgrades and Downgrades:
You may upgrade Your Account or downgrade within a Subscription Plan or between two Subscription Plans in accordance with the provisions below.
You may upgrade Your Account at any time during Your Subscription Term. When You upgrade the new Subscription Charges become immediately applicable and the new Subscription Charges for the subsisting month would be charged on a pro-rated basis and Your credit card/ payment method will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges.
If You subscribed to the Service(s) before the Effective Date, You may downgrade Your Account at any time during Your Subscription Term but before its renewal in accordance with Section 7.3 above. However, if You choose to modify Your Subscription Term after the Effective Date, You will not be able to downgrade Your Account during Your renewed Subscription Term as provided herein earlier. You agree that all downgrades in accordance with this Section 7.7.2 will be applicable only from the subsequent Subscription Term.
If You plan to downgrade Your Account, please provide Us a notice by writing to [email protected] at least seven (7) business days prior to the expiry of Your current Subscription Term. You understand that downgrading Your Account may cause loss of content, features, or capacity of the Service(s). You agree that We will not be liable for any loss due to such downgrading of Your Account. You must ensure that You always opt for the Subscription Plan that suits Your specific requirements.
7.7 Applicable Taxes:
Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
7.8 User Benefits:
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s).
These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.
8. SUSPENSION AND TERMINATION
8.1 Suspension liability
We shall not be liable to You or any other third party for suspension or termination of Your Account, or access to and use of the Service(s), if such suspension or termination is in accordance with these Terms.
8.2 Termination policy
If You are on a Subscription Plan for any of Our Service(s), Your Account may be suspended or terminated in the following manner:
8.2.1 Violation of terms
TDB has the right to cancel the license of any current license holder at any point for valid reasons. In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days ("Subscription Plan Cure Period") to cure or cease such activities. If You do not cure or cease such activities within said Subscription Plan Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.
Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about The Dollar Business or EXIMAPS or the Company or domain name used by Us on any social media or electronic platform, or otherwise engage in any conduct or action that might tarnish the image or reputation of The Dollar Business or our employees or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated as may be owned or used by us. Any violation of this clause shall lead to immediate suspension of your license with us and/or necessary and/or legal action.
8.2.2 Terminated by You
You may elect to terminate Your Account at any time from within Our Service(s), if You pay for Your Account through credit card. If payment for Your Account is made through other accepted payment methods as specified in the Form, You may request to terminate Your Account by writing to [email protected] Any associated Service Data shall be retained for a period of 15 days from the date of termination of Your Account beyond which it shall be deleted during the normal course of operation.
We may suspend Your Account upon expiry or non-renewal of Your Subscription Term. We shall retain any associated Service Data for a period of 6 months beyond which Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.
8.3 Effect of Terminating Your Account:
8.3.1 Data Export:
We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, unless otherwise specified elsewhere herein or in the Supplemental Terms, Service Data will be retained or deleted in accordance with Sections 8.2.2 or 8.2.3 as applicable to You. Where the Service Data is retained as described herein, You may contact Us within such data retention period to export Your Service Data. Service Data cannot be recovered once it is deleted. Further, when Service Data is migrated from one data centre to another upon Your request, We shall delete Service Data from the original data centre after 15 days from such migration.
The Dollar Business has complete rights to delete the content related to you after your account is closed/has expired, and such content will not be recoverable. We will not be responsible to you for any content that is lost when your account closes/expires. Any service whose delivery is pending on the part of The Dollar Business shall be kept on hold if your licence expires, and shall be continued to do so unless the membership is renewed.
Please note that some content that you input into our systems may not be deleted, and that we may continue to use it in accordance with the terms herein.
If Your Account is terminated in accordance with Sections 8.2 or 8.3 of these Terms, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You, or You may be eligible for a pro-rated refund of the Subscription Charges, as the case may be, where You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.
If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
9.2 Confidentiality obligations:
Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Service Data and such agreement shall have no further force or effect with respect to Service Data.
10. DATA PRIVACY AND SECURITY
10.1 Security of Service Data:
We use appropriate technical and organizational measures to protect the Service Data that we Process. The measures we use are designed to provide a level of security appropriate to the risk of Processing your Service Data.
11. COMMUNICATIONS FROM US
We may contact You directly via e-mail to notify You that:
1. You are in violation of these Terms;
2. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
12. DISCLAIMER OF WARRANTIES
The websites and the service(s), including all server and network components are provided on an "as is" and "as available" basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and noninfringement.
You acknowledge that we do not warrant that the service(s), mobile app or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software. The Dollar Business (Vimbri Media Pvt. Ltd.) will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) six months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that to provide you with the rights to access and use the service(s) in accordance with section 1, we have limited our potential liability and allocated risks based on the subscription charges, which would have been substantially higher if we were to assume any further liability other than as set forth herein. In jurisdictions which do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, our liability will be limited to the greatest extent permitted by law.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
14. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS
14.1 Terms of succession
You shall not, directly, or indirectly, assign all or any of Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior written consent. We may, without Your consent, assign Our agreement with You under these Terms to in connection with any merger or change of Our control or the sale of all or substantially all Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
14.2 Entirety of the agreement
These Terms, together with any Form(s) and Supplemental Terms, constitute the entire agreement and supersede any and all prior agreements between You and Us with regard to the subject matter hereof.
These Terms together with any Form(s) and Supplemental Terms shall prevail over the terms or conditions in any purchase order or other order documentation You or any Entity You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. In the event of a conflict between any Form and these Terms, these Terms shall prevail.
15. SEVERABILITY; NO WAIVER
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.
Sections 2 (Your Responsibilities), 5 (Intellectual Property Rights), 7 (Billing, Plan Modification and Payments), 8 (Suspension and Termination), 9 (Confidentiality), 10 (Data Privacy and Security), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 16 (Survival), 17 (Notices; Consent to electronic communication) and 18 (Governing Law and Dispute Resolution) shall survive any termination of Our agreement with respect to use of the Service(s) by You. Termination of such agreement shall not limit Your or Our liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
17. NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS
17.1 Communication of Notices
All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service ("Courier") or mail to the contact mailing address provided by You on any Form(s) or related document while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.
17.2 Issuance of notice
Our address for a notice to Us in writing by Courier or Mail is: [email protected] or electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
18. GOVERNING LAW AND DISPUTE RESOLUTION
18.1 Governing laws
These Terms shall be governed by the laws of the Republic of India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction courts of India, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).
18.2 Dispute resolution
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by an arbitral panel composed of a single arbitrator appointed jointly by You and Us In the event that You and Us are unable to agree on the sole arbitrator, 1 (one) arbitrator shall be appointed by You and 1 (one) arbitrator shall be appointed by the company, and the 2 (two) appointed arbitrators shall nominate and appoint a third arbitrator who shall be the chairperson of the arbitration panel ("Chairperson"). The seat of arbitration shall be Hyderabad, India. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be conducted in the English language. The Chairperson shall also decide on the costs of the arbitration proceedings. The Chairperson’s award shall be substantiated in writing and the Parties shall submit to the Chairperson’s / arbitral panel’s award which shall be enforceable in any competent court of law.
19. ADDITIONAL TERMS AND CONDITIONS
19.1 Business and response guarantee
The Dollar Business does not guarantee business or conversion of the buyer profiles, that it provides into business. No claim shall be made on non-conversion of buyer profiles that TDB provides in its Licenses.
The Dollar Business does not guarantee a response from the buyer/seller whose contact information has been provided to a license holder at his/her request. A license holder is eligible to report an error in the contact information provided to him/her. However, a re-verification will only be initiated by The Dollar Business if the contact information that is provided to the license holder is found to be incorrect/invalid. The Dollar Business, under no circumstances, will initiate re-verification of buyer/seller contact that is non-responsive i.e. buyer/seller is not responding to license holder's emails, phone calls or any attempt made to communicate with the buyer/seller.
19.2 Terms exclusive to EXIMAPS CONQUER Lisense
A CONQUER license holder is eligible to request verified contact information of 100 active buyer/seller/competitor profiles on EXIMAPS. Given the stringent procedural guidelines The Dollar Business Research and Metrics Team and The Dollar Business Global Verification Department follow, it is understood that a considerable amount of time, attention and dedication is to be allocated for each profile check. Hence, TDB takes anywhere upto 12 weeks to successfully verify the contact details of the requested buyer/seller/competitor profile. In the occasion that a profile does not qualify our series of quality tests, the deduction of credit is automatically reversed.
CONQUER license holder is eligible to report an error in the contact information provided to him/her within 30 days of receiving the contact information. The Dollar Business will not consider any request received to rectify the error or omission, if any, beyond the 30-day period and cannot be held responsible for any errors or omissions or for the results obtained from the use of such information.
A CONQUER license holder is NOT eligible to save more than 5 lakh shipment information rows "locally", when accessed post login from www.thedollarbusiness.com or www.eximaps.com, during the tenure of the license.
19.3 Right to remove a CONNECTION
The Dollar Business reserves the right to remove a CONNECTION/Buyer profile/Competitor profile from a CONNECT license holder's dashboard if The Dollar Business is unable to verify a particular profile within 8 weeks of a CONNECT license holder adding the profile to his/her account. The license holder explicitly agrees to allow The Dollar Business to make this change in his/her account. If a profile is removed from the dashboard by The Dollar Business, The Dollar Business will in return credit one profile to the license holder's account.
19.4 Question count eligibility
A license-holder is eligible to ask a specific number of questions (the number of questions that one is eligible to ask depends on the license one holds) to TDB Intelligence Unit. It is to be noted that a single investigative query* will be entertained per question by TDB Intelligence Unit.
19.5 Registering for a TDB event
A stipulated registration fee will be charged by The Dollar Business (Vimbri Media Pvt. Ltd.) for all events hosted by The Dollar Business (Vimbri Media Pvt. Ltd.). If adequate valid registrations are not received for any given event, The Dollar Business (Vimbri Media Pvt. Ltd.) reserves the right to cancel the event. Any registration fee paid by participants for such events shall be refunded within 14 business days.
19.6 Fair usage
You may not use The Dollar Business licenses for any commercial, illegal or unauthorized purpose, including misusing permanent account number (PAN) of another person. You are solely responsible for your conduct and any data, text, information, graphics, that you submit to The Dollar Business (Vimbri Media Pvt. Ltd.) or post on to its website. Some examples of illegal or unauthorized uses include, but are not limited to: (a) submitting data of any third party without such third party's prior written consent; (b) submitting materials that falsely express or imply that such materials are sponsored or endorsed by The Dollar Business (Vimbri Media Pvt. Ltd.); (c) submitting materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (d) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; (e) submitting false or misleading information. While The Dollar Business (Vimbri Media Pvt. Ltd.) prohibits such conduct on its site, you understand and agree that you nonetheless may be exposed to such misuse or blocking by other users and that you use The Dollar Business license at your own risk.
19.7 Promotional and marketing communication
19.8 No representation policy
The Dollar Business does not represent Seller or Buyer in any Online or Offline Transaction. The Dollar Business will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online or Offline Transaction or the ability of either Seller or Buyer to complete any Online or Offline Transaction. You agree that you will not hold The Dollar Business and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online or Offline Transactions, including any breach, partial performance or non-performance of the Online or Offline Transaction by the other party to the transaction.
You agree to indemnify The Dollar Business (Vimbri Media Pvt. Ltd.) and its affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of The Dollar Business and EXIMAPS websites or from your breach of these terms and conditions. The Dollar Business reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with The Dollar Business in asserting any available defenses.
19.9.1 Accuracy & usage of content and information/ data provided & submitted
The Dollar Business and its affiliates attempt to be as accurate as possible. However, The Dollar Business does not warrant that descriptions of or other content of this site are accurate, complete, reliable, current, or error-free. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the Dollar Business has no control. The Dollar Business is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
If you submit material, and unless The Dollar Business indicates otherwise, you grant The Dollar Business (Vimbri Media Pvt. Ltd.) and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant The Dollar Business and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Dollar Business and its affiliates for all claims arising from content you supply. The Dollar Business has the right but not the obligation to monitor and edit or remove any activity or content. The Dollar Business takes no responsibility and assumes no liability for any content submitted by you or any third party.
The Dollar Business' Services, including but not limited to EXIMAPS and related content are for informational purposes only. The Dollar Business collects data from various data sources across the globe (hereafter referred to as "Data Providers") and EXIMAPS as such is a combination of various data sets. The Dollar Business does not provide any assurance or warranty whatsoever regarding the accuracy, completeness or timeliness of any such data or content.
The Dollar Business does not warrant that the services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of a service or data set, service levels or performance. Further, The Dollar Business is not responsible for any external networks, application, equipment or communications failure or delay outside of The Dollar Business' control.
Users expressly acknowledge and agree that any and all use of www.thedollarbusiness.com, www.eximaps.com and its affiliate websites and web tools is at their sole risk. Neither The Dollar Business (Vimbri Media Pvt. Ltd.) nor any of their respective employees, agents, third-party content providers, or licensors warrant that access to and the use of www.thedollarbusiness.com, www.eximaps.com and its affiliate websites and web tools will be free from interruptions or free from errors; nor do they make any warranty as to the results that may be obtained from use of the website and tools, or as to the accuracy, reliability, or content of any information or service provided through the website and tools.
19.10 Costs associated with the usage The Dollar Business, EXIMAPS and its affiliate websites and web tools
Users are solely responsible for obtaining, maintaining and all costs associated with any telephone, computer hardware and software, modems, telecommunications connections, and/or other equipment and/or services which are or may be needed for access to and use of www.thedollarbusiness.com and its affiliate websites and web tools, including EXIMAPS.
19.11 Safeguarding login credentials
The login credentials (username and password combination) used to access content on The Dollar Business, EXIMAPS and its affiliate websites is confidential and non-transferrable. You agree that you are responsible for protecting your login credentials from unauthorised use, and that you are responsible for all activity that occurs using those credentials. You agree to notify us immediately if you believe if your login credentials have been compromised or may be used without your permission so that appropriate action can be taken. The Dollar Business (Vimbri Media Pvt. Ltd.) is not responsible for any loss or damage caused by, or expense incurred by you as a result of your failure to safeguard your login credentials.
20. FORCE MAJEURE
TDB shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
21. RESEARCH DISCLAIMER
This report is strictly confidential and is being furnished to you solely for your information. All material presented in this report, unless specifically indicated otherwise, is under copyright to The Dollar Business (Vimbri Media Pvt. Ltd.). None of the material, its content, or any copy of such material or content, may be altered in any way, transmitted, copied or reproduced (in whole or in part) or redistributed in any form to any other party, without the prior express written permission of The Dollar Business (Vimbri Media Pvt. Ltd.). All trademarks, service marks and logos used in this report are trademarks or service marks or registered trademarks or service marks of The Dollar Business (Vimbri Media Pvt. Ltd.) or its affiliates, unless specifically mentioned otherwise.
The report is provided for assistance and is not intended to be and must not alone be taken as the basis for an investment decision. The reports do not take into account the particular investment objectives, financial situations, risk profile or needs of individual clients. The user assumes the entire risk of any use made of this information. Each recipient of the reports should make such investigation as deemed necessary to arrive at an independent evaluation of an investment in products and countries referred to in such reports (including the merits and risks involved).
Information and data used for the creation of this report were obtained or derived from sources that The Dollar Business (Vimbri Media Pvt. Ltd.) believes to be reliable, but The Dollar Business (Vimbri Media Pvt. Ltd.) makes no representations or warranty, express or implied, as to their accuracy or completeness or correctness. The report is based on available industry data, trends, circumstances and factors which involve risks, variables and uncertainties. Though The Dollar Business Intelligence Unit review the research report for any untrue statements of material facts or any false or misleading information, it does not represent that it is accurate or complete and it should not be relied on in connection with a commitment or contract whatsoever. Because of the possibility of human, technical or mechanical error by our sources of transmission of reports/data, we do not guarantee the accuracy, adequacy, completeness or availability of any information and are not to be held responsible for any errors or omissions or for the results obtained from the use of such information. The Dollar Business (Vimbri Media Pvt. Ltd.) and/or its Affiliates and its directors and employees, including the analysts/authors, shall not be in any way responsible for any indirect, special or consequential damages that may arise to any person from any inadvertent error in the information contained in the reports nor do they take guarantee or assume liability for any omissions of the information contained therein. Information contained therein cannot be the basis for any claim, demand or cause of action.
The opinions in the reports are based on 12-month horizon, unless otherwise specified. The opinions expressed in the reports are subject to change, but we have no obligation to tell our clients when our opinions or recommendations change. The reports are non-inclusive and do not consider all the information that the recipients may consider material to investments.