DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. THE TEXTILE TIMES MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE TEXTILE TIMES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
The terms and conditions listed below govern use of the online services and materials available therein provided by the textile times.com. The terms “you” and “your” in uppercase or lowercase shall mean the entity or agency entering into a Subscription Agreement with the textile times. The “Subscription Agreement” shall consist of accepting General Terms n Conditions and Disclaimer. Standard transactional rates will be applicable to you as per the subscription package price.
Access to and use of the Service is through a combination of a User ID and Password. The Textile Times assigns each Member its own unique User ID. Each Designated User will choose his or her own unique Password. You are granted a nonexclusive, nontransferable, limited right to access and use for only Information purposes the Online Services and Materials made available to you. The rights granted to each Authorized User are as follows:
(a) The right to electronically display Materials retrieved from the Online Services for the Authorized User’s individual use. (b) The right to email, fax, download or make printouts using the commands of the Online Services and the right to create a single printout of Materials accessed or downloaded by any other means.(c) If you are not an Authorized User, you are not permitted to access or use the Online Services for any purpose whatsoever. If you nevertheless access and use the Online Services or Materials without authorization, your access and use will be liable to breach of the General Terms and Conditions as well as for unauthorized access and payment for use as per the subscription rates.(d) Under no circumstances any authorized user can offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of the textile times. (e) Neither you nor your Authorized Users acquire any proprietary interest in the Online Services, Materials, or copies thereof, except the limited rights granted herein.(f) Your use of the Online Services and Materials must comply with all applicable laws, rules or regulations. Neither you nor your Authorized Users may remove or obscure any notices contained in Materials.
(a) Only Eligible Persons are authorized to access the online information. Without limitation, external professional service providers such as attorneys, accountants, outsourcers and public relations firms are specifically excluded from being Eligible Persons. The term “Authorized User” means an Eligible Person who has been identified by the textile times for issuance of an ID. Each ID may only be used by the Authorized User to whom it is assigned & can not be shared with or used by any other person, including other Authorized Users. You will manage your id and will promptly notify us to deactivate an Authorized User’s ID if the Authorized User is no longer an Eligible Person or you otherwise wish to terminate the Authorized User’s access to the Online Services.
(b) Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to in writing, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
(c) The Online Services, Materials, and feature functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise can be changed by without notice.
The Online services and materials are provided "AS IS", "AS AVAILABLE" basis and expressly Disclaimer of all other warranties. Warranties including the warranities of merchantability and fitness for a particular purpose.
Under NO Circumstances the textile times will be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Service or any features thereof or any Materials, (c) your or an Authorized User’s use of the Online Services or Materials, (d) the loss or corruption of any data or equipment in connection with the Online Services, (e) the content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THIS SUBSCRIPTION AGREEMENT EXCEED THE AMOUNT YOU PAID FOR THE ONLINE SERVICE SUBSCRIPTION IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
The Textile Times is only a ON LINE Forum & Information platform & serves to assist Members, Buyers and Sellers using the Service. We have no control over the quality, compatibility, safety or legality of the Products advertised, the truthfulness, accuracy or completeness of any posting (including any posting for sale of any Product(s) and any career web site posting or the character or background of any Member (including without limitation, any Member making a job application), or the terms and conditions of any transaction between the parties. We do not review the substance of the postings on the site, Member must be careful in dealing with other Members to avoid fraud and to recognize the possibility that other Members' information may, despite the prohibitions set forth in these Terms, be harmful, inaccurate or deceptive.
Access to and use of the Service is through a combination of a User ID and Password. THE TEXTILE TIMES assigns each Member its own unique User ID. Each Designated User will choose his or her own unique Password. Each Designated User is responsible for maintaining the confidentiality of his or her own Password, User ID. Furthermore, each Designated User is entirely responsible for any and all activities which occur under his or her User ID, the corresponding Password. Member agrees to immediately notify of any unauthorized use of the Service or a Member's account (including unauthorized use of a User ID or Password by any employee, agent, or representative of the Company who is not is a Designated User) or any other breach of security known to Member, it being understood that the Designated User's knowledge shall be imputed to the Company. Unauthorized access to the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of the Terms and is a violation of law.
If any Registration Data that Member provides is untrue, inaccurate, not current or incomplete, THE TEXTILE TIMES retains the right to terminate the Member's account and the Member's rights to use the Service WITHOUT REFUND of the Subscription amount paid. We reserve the right to refuse any applicant or Member who registers with false or intentionally misleading information. TERMINATION & EFFECT.
Termination. Either MEMBER or THE TEXTILE TIMES may terminate access to the Service with or without cause at any time and effective immediately by a written or electronic notice , e mail to the other party. THE TEXTILE TIMES SHALL NOT BE LIABLE TO REFUND SUBSCRIPTION FEES to Member or any third party for termination of the Service.
Should Member object to any provision of the Terms or any subsequent modifications thereto or become Dissatisfied with the Service in any way, Member's only recourse is to immediately:
(a) terminate use of the Service; and (b) notify of termination.
Upon termination of the Service, Member's right to use the Service immediately ceases and Member acknowledges and agrees that THE TEXTILE TIMES may immediately delete the files in Member's account, bar any further access to such files or the Service.
Member Obligations Upon Termination. Member agrees that upon termination of this agreement Member will: (1) pay any and all outstanding fees and payments due within thirty (30) days after termination; (2) perform its obligations under all outstanding sales or purchases; (3) perform its obligations under all outstanding Binding Bids with third parties. (4) not disclose any information designated as confidential.
The textile times may temporarily suspend or discontinue providing access to the Online Services to any or all Authorized Users in breach of this Subscription Agreement without notice and may pursue any other legal remedies available to it.
All notices and other communications shall be in writing or by e mail . Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices should be sent to Attn: Chief Officer, 264, Anand Puri, Kanpur, 208023 UP, India.
This Subscription Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. The textile times ability to provide materials is regulated by a variety of privacy, data protection, and other laws in a variety of jurisdictions may deny access to the Online Services or to Regulated Data. Will be under no obligation to reduce the fees payable by you to the extent that it is unable to provide regulated Data to you. This Subscription Agreement shall be governed by and construed in accordance with the laws of the India regardless of the law that might otherwise apply under applicable principles of conflicts of law.
This Subscription Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Subscription Agreement is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and such invalidity or unenforceability will not affect any other provision of this Subscription Agreement. This Subscription Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of India, the laws, rules and regulations of India shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall NOT apply to this Agreement. Members hereby consent to personal jurisdiction by the state and federal courts located in Kanpur, UP, India. This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.