THIS AGREEMENT (“AGREEMENT”) CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN Cormorant Engineering India Pvt LTD. (HENCEFORTH “CORMSQUARE”) AND YOU IF YOU SUBSCRIBE FOR, ACCESS AND/OR USE CORMSQUARE, A SERVICE WHICH ALLOWS YOU TO SEARCH PRODUCTS/SUPPLIERS, RAISE REQUEST FOR QUOTES, MANAGE PURCHASES AND OR RECEIVE SUCH SERVICES THROUGH CORMSQUARE ASSISTED PURCHASE OFFERING OR AS LISTED IN OUR WEB PORTAL WWW.CORMSQUARE.COM (HENCEFORTH "SERVICES"). THE TERMS “YOU” AND “MEMBERS” ARE REFERRED TO USERS OF THE PLATFORM, CORMSQUARE MATERIAL REFERS ALL THE SOFTWARE, CONTENTS AND DOCUMNTATION OF/ON THE PLATFORM
CormSquare.com and all the pages on the portal acts as a mere platform for members to negotiate/interact for buying, selling and other business services by way of locating companies to perform transaction and sales We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between buyer and sellers
a. The User understands that the CormSquare, through the Site provides hosting services to its Users. All Content listed on the Site is third party User generated content which is transmitted and/or hosted on the Site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.
b. The Services are offered to the User conditioned on the acceptance of the User without modification of the terms, conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the Agreement, these terms, conditions and notices, it/they must not use the Services.
c. Most content and some of the features on the Site is made available to Users free of charge. However, Company reserves the right to terminate access to certain areas or features of the Site to Users at any time with or without giving any reason, with or without notice. Company also reserves the universal right to deny access to particular Users to any/all of its Services and/or content without any prior notice/explanation in order to protect the interests of Company and/or other visitors to the Site. Company reserves the right to limit, deny or create different type access to the Site and its content features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
d. Company reserves the right to list its registered Users on the Site and as well as on other network portals run by the Company. In case a User does not want to be listed on the Site or on any of our network portals, they can communicate the same to CormSquare in writing by sending an email.
e. Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the Site. Users must undertake interaction or transaction with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on such organization and/or individual. Neither the Company nor its director’s, employees, officers or agents shall be liable to any User or otherwise, for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.
f. CormSquare will send invitations to suppliers for submitting quotations or answering requests from buyers. CormSquare does not own the authenticity, legality or correctness of such requests. Suppliers are advised to exercise due caution while entering such transactions.
Subject to the terms of this Agreement and payment of the applicable subscription fees, CormSquare grants You a limited, personal, non-sublicensable, non-assignable, internal license and right to use the CormSquare online procurement software platform (including the underlying software and technology contained therein for the purpose of receiving the Services. Any software provided to you is licensed; not sold.
You shall use the Services solely as contemplated in this Agreement and shall not license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or otherwise make the CormSquare Materials available to any third party. You shall not: (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the CormSquare software Materials except to the extent expressly agreed upon in writing by You or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other use restrictions that are built into the Services (c) access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services.
You shall not (a) use, or permit the use of, the Services for an illegal purpose, intellectual property infringement, or in a manner that would cause interference with network operations; (b) resell, remarket, transfer or share the Services or receive any charge or other benefit for the use of the Services; attempt to bypass CormSquare network, or re-arrange, disconnect, remove, repair or otherwise interfere with any Services or facilities; or (c) remove any proprietary notices, labels, or marks from the CormSquare Materials or modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the foregoing except for the specific purpose for which such intellectual property is made available to You
You will at any and all times meet Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Services in Your country, including applicable rules that govern the export or import of software. You will use the Services solely for lawful purposes. In this respect You may not, without limitation (i) use the Services to manage any illegal operations, (ii) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the technology underlying the Services (including our proprietary software which may be available for download on our website), (iii) send any unsolicited commercial communication not permitted by applicable law; or (iv) endanger any part of any system or Internet connection of CormSquare or any third party.
Except for the rights and licenses granted in this Agreement, you acknowledge and agree that any and all intellectual property ("IP") rights to or arising from the software are and shall remain the exclusive property of CormSquare and its licensors. Nothing in this Agreement is intended to transfer any such IP rights to, or to vest any such intellectual property rights in, You. You are only entitled to the limited use of the intellectual property rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with CormSquare IP rights. Any unauthorized use of CormSquare intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
CormSquare is committed to respecting Your privacy and the confidentiality of Your personal data. Any personal information forming part of Your Content will be kept confidential by us and will only be used in order to provide the Services.
Except for aggregated data and statistics, any information or data processed through the Services on Your behalf (including Content) will be treated as confidential by CormSquare and will not be disclosed to any third parties without Your express authorization. Notwithstanding the generality of the foregoing, CormSquare may provide limited access to Content to those of CormSquare’s officers, employees, service partners, customers, consultants and legal advisors who need access to such Confidential Information in order to affect the intent of the Agreement. CormSquare may also provide access to the Content if required by law or in connection with the enforcement of this Agreement or any rights under this Agreement, provided that reasonable measures are used to preserve the confidentiality of the Agreement.
Unless otherwise specified, Services are purchased as annual subscriptions, bulk purchases or one time purchases. Your access to and use of the Services is subject to Your payment of the applicable fees due for the service selected by You ("Fees") set out on the Website and all other applicable amounts, charges and taxes indicated to You when You purchase Services (or otherwise notified to You by CormSquare from time to time) noted on Your invoice. Receipts for purchased Services will be invoiced and delivered to You electronically.
You are responsible for paying all governmental sales, use, value-added, commodity, harmonized and other taxes imposed on Your purchase or use of the Services. To the extent CormSquare is required to collect such taxes, the applicable tax will be added to Your billing account.
This pricing plan includes a 90 day refund policy, beginning on the date of payment. You may seek a refund of paid amount if any buyer requests are found to be incorrect. All such requests are to be submitted before 90 days of payment along with necessary proofs.
CormSquare may alter, update or upgrade the CormSquare Materials from time to time. Services will be provided for current versions of the software made available by CormSquare and CormSquare may, in its discretion, provide service for multiple live versions of the software.
CormSquare will provide helpdesk support for the Services by telephone and email and will (i) use commercially reasonable efforts to make the Services available except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond CormSquare reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays, and (iii) provide the Services only in accordance with applicable laws and government regulations.
You represent and warrant that You have all rights necessary to provide CormSquare with Content for use in accordance with the terms of this Agreement; and (b) CormSquare’s use of the Content in accordance with the terms of this Agreement will not violate the rights of any third party. Customer shall be responsible for the accuracy of the Content and CormSquare shall not be liable to Customer, any user or any third party for any use of or inaccuracy in any Content under this Agreement.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION AND/OR WARRANTIES OF ANY KIND. CORMSQUARE AND ITS LICENSORS AND/OR SUPPLIERS MAKE NO OTHER REPRESENTATIONS AND GIVE NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT AND CORMSQUARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY REPRESENTATIONS AND/OR WARRANTIES AGAINST NON-INFRINGEMENT AND ANY AND ALL IMPLIED REPRESENTATIONS AND/OR WARRANTIES OF MERCHANTABILITY, DURABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
1. IN NO EVENT SHALL CORMSQUARE BE LIABLE FOR ANY LOST PROFITS OR FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT CORMSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CORMSQUARE’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR TRANSACTION.
CormSquare may refer to You in CormSquare’s customer list and may use Your corporate name and logo for this purpose. For the avoidance of doubt, CormSquare will not use Your name, logo, any other trademark or trade-name of Yours for any other purposes without Your prior consent.
The terms and conditions of this Agreement constitute the entire agreement between You and CormSquare with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.