TERMS AND CONDITIONS

3.1 You are solely authorized to operate the Account. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your Account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your Account. You shall remain solely liable for all the actions/inactions undertaken through your Account.

3.2 You agree that if you provide any information (including information provided on Distributor Microsite) that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your Account (or Distributor Microsite) and refuse to provide you with access to the Platform.

3.3 Your mobile phone number and email address are treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and email address is up-to-date on the Platform, at all times. You agree to notify us promptly if your mobile phone number and/or email address changes by updating the same on the Platform.

3.4 You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number/email address on the Platform.

3.5 You will: (a) immediately inform us of any unauthorized use of the Account or any other security breach; and (b) ensure that you log out of your Account at the end of each session. If you share or allow others to have access to your Account on the Platform, by creating separate profiles and/or sub-accounts (to the extent permitted on the Platform) or otherwise, they will be able to view and access your Account information (to the extent permitted on the Platform). You shall be solely liable and responsible for all the activities undertaken under or through your Account, and any consequences arising therefrom.

3.6 We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by us or any other user due to unauthorized use of their Account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time, without notice to you.

4.1 The Distributor acknowledges and agrees that in lieu of access to the Platform and Services provided therein, C-Square will be eligible to charge fees as below:

5.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number and email address provided by you. By accessing and using the Platform and/ or verifying your contact number/email address with us; by accepting these Terms of Use; by accepting or receiving and not unsubscribing expressly on the consent  availed by us from you via SMS, Emails, Voice calls, IVR (Interactive Voice Response) or any other modes and methods of communication you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

5.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

6.1 You agree, understand and acknowledge that, this is an online technology platform that provides a facility to the Distributors to sell their Products to its registered Retailers, at the price indicated on the Platform by the Distributor, at any time from any location in India. You further agree and acknowledge that the Platform is only a technology service provider and is not and cannot be a party to, or control in any manner, any transaction between the Distributor and its registered Retailers. Accordingly, the contract for sale of Products shall be a strictly bipartite arrangement between a Distributor and a Retailer.

6.2 The Distributor and Retailer further acknowledge that all aspects of the sale transaction, including but not limited to, pricing, payments, delivery of Products, warranty (if any) on such Products, Product return or refund, etc. will be undertaken and completed by the respective Parties independently and outside this Platform, on terms that are mutually agreed between the Distributor and Retailer. Therefore, any dispute, whatsoever regarding a transaction initiated between the Distributor and Retailer would solely be resolved between them and in no circumstance can either Distributor and/or Retailer make us party to any such dispute/claim.

7.1 We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free, to the extent possible. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new functionalities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

7.2 Even though we will try to ensure that all information and recommendations, whether in relation to the Products, offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform, we do not guarantee the accuracy of the Information, nor make any representations or warranties with regards to the completeness or accuracy of Information, as C-Square is merely an intermediary for the purposes of these Terms of Use.

7.3 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. Any use of this Platform or the Information is at your own risk. We and our officers, employees, agents and affiliates shall not be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to this Platform.

7.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

7.5 We do not covenant or provide any representations and warranties:

7.6 THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.7 To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.

8.1 We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

8.2 We monitor your Account usage in order to avoid fraudulent account creation and transactions. Users with more than one Account, using such additional Accounts for fraudulent transactions and dealings, shall be liable for legal actions under applicable law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms of Use. In the event of detection of any activity, prior to initiation of legal actions, we reserve the right to immediately delete such Account(s).

9.1 During the term of your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

10.1 The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of our Services.

10.2 All Content created/provided by Distributors and Retailers (“User’s Content”), is considered to be third party user generated content and C-Square has no control over such third party user generated content as C-Square is merely an intermediary for the purposes of this Terms of Use.

10.3 Except as expressly provided in these Terms of Use, no part of the Platform and no Content, including User’s Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without C-Square's express prior written consent.

10.4 You may use information on the Products and Services purposely made available on the Platform for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

11.1 All the trade names associated with us and any logos denoted with “TM” on the Platform are trademarks or registered trademarks of us and/or our affiliates. Such trademarks may not be used in connection with any product or service that is not our product or service.

11.2 This Platform is controlled and operated by C-Square and Products are sold by respective Distributors. Any Content/User’s Content published on Platform are protected trademarks and/or the intellectual property rights of such owner/license holder is solely for your personal, non-commercial use.

11.3 You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the respective owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause, and shall attract subjective penalties and costs according to the applicable law.

11.4 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please reach out to us on our contact number: 080 6765 7070.

12.1 C-Square being an intermediary, does not warrant that Product description or the User’s Content published on this Platform by the Distributor is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

13.1 You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory); (d) shall not publish any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.

13.2 You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

13.3 You will not do any of the following:

13.4 You are prohibited from uploading, modifying, transmitting, updating or sharing on or through Platform, any information that:

14.1 You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Content or the Services, violation of these Terms of Use, or infringement of any of our or any third-party’s intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14.1 In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the INR 2000. We will not be responsible for any personal or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us.

15.1 These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

16.1 In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:

17.1 We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

18.1 No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

19.1 If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

20.1 These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.