Privacy & policy | Skobe

Privacy & policy

Privacy & policy

PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE AGREEMENT CAREFULLY

The following agreement captures the terms and conditions of use (“Agreement“),
applicable to Your use of skobe.in (“Web Site“), which
promotes business between suppliers and buyers globally. It is an agreement
between You as the user of the Web Site and Skobe (“SKOBE“). The
expressions “You” “Your” or “User(s)” refers to any person who accesses or uses
the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into
negotiations in respect of sale or supply of goods or services on or using the
Web Site in any manner for any purpose, You undertake and agree that You have
fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, you
may not access or otherwise use the Web Site in any manner.

  1. Web
    site-Merely a Venue/Platform
  2. User(s)
    Eligibility
  3. User(s)
    Agreement
  4. Amendment to
    the Agreement
  5. Intellectual
    Property Rights
  6. Links to
    Third Party Sites/Content
  7. Termination
  8. Registered
    User(s)
  9. Data
    Protection/Personal Information
  10. Posting your
    Contents on SKOBE
  11. Interactions
    between User(s)
  12. Limitations
    of Liability/Disclaimer
  13. Notices
  14. Governing
    Law and Disputes Resolutions
  15. General/Miscellaneous
  16. Big Buyer
    terms of use
  17. Pharmaceutical
    Product/Service Policies

 

  1. WEBSITE-
    MERELY A VENUE/PLATFORM

    The Web Site acts as a match-making platform for User(s) to negotiate and
    interact with other User(s) for entering into negotiations in respect
    thereof for sale or supply of goods or services. SKOBE or Skobe.com are
    not parties to any negotiations that take place between the User(s) of the
    Web Site and are further not parties to any agreement including an
    agreement for sale or supply of goods or services or otherwise, concluded
    between the User(s) of the Web Site.

SKOBE does not control and is not liable in
respect of or responsible for the quality, safety, genuineness, lawfulness or
availability of the products or services offered for sale on the Web Site or
the ability of the User(s) selling or supplying the goods or services to
complete a sale or the ability of User(s) purchasing goods or services to
complete a purchase. This agreement shall not be deemed to create any
partnership, joint venture, or any other joint business relationship between SKOBE
and any other party.

  1. USER(S)
    ELIGIBILITY

    User(s) represent and warrant that they have the right to avail or use the
    services provided by SKOBE, including but to the Web Site (“SKOBE’s
    Services
    “). SKOBE’s Services can only be availed by those
    individuals or business entities, including sole proprietorship firms,
    companies and partnerships, which are authorized under applicable law to
    form legally binding agreements. As such, natural persons below 18 years
    of age and business entities or organizations that are not authorized by
    law to operate in India or other countries are not authorized to avail or
    use SKOBE’s Services.

User(s) agree to abide by the Agreement and
any other rules and regulations imposed by the applicable law from time to
time. SKOBE or the website shall have no liability to the User(s) or anyone
else for any content, information or any other material transmitted over SKOBE’s
Services, including any fraudulent, untrue, misleading, inaccurate, defamatory,
offensive or illicit material and that the risk of damage from such material
rests entirely with each User(s).The user shall do its own due diligence before
entering into any transaction with other users on the website. SKOBE at it’s
sole discretion reserves the right to refuse SKOBE’s Services to anyone at any
time. SKOBE’s Services are not available and may not be availed or used by
User(s) whose Accounts have been temporarily or indefinitely suspended by SKOBE.

III.
USER(S) AGREEMENT

This Agreement applies to any person who accesses or uses the Web Site for any
purpose. It also applies to any legal entity which may be represented by any
person who accesses or uses the Web Site, under actual or apparent authority.
User(s) may use this Web Site solely for their commercial/business purposes.

This Agreement applies to all services
offered on the Web Site and by SKOBE, collectively with any additional terms
and conditions that may be applicable in respect of any specific service used
or accessed by User(s) on the Web Site. In the event of any conflict or
inconsistency between any provision of this Agreement and any additional terms
and conditions applicable in respect of any service offered on the Web Site,
such additional terms and conditions applicable in respect of that service
shall prevail over this Agreement.

IV.
AMENDMENT TO USER(S) AGREEMENT

SKOBE reserves the right to change, modify, amend, or update the Agreement from
time to time and such amended provisions of the Agreement shall be effective
immediately upon being posted on the Web Site. If You do not agree to such
provisions, You must stop using the service with immediate effect. Your
continuous use of the service will be deemed to signify Your acceptance of the
amended provisions of the Agreement.

V.
INTELLECTUAL PROPERTY RIGHTS

SKOBE is the sole owner and the lawful licensee of all the rights to the Web
Site and its content (“Web Site Content“).
Web Site Content means the design, layout, text, images, graphics, sound, video
etc. of or made available on the Web Site. The Web Site Content embodies trade
secrets and other intellectual property rights protected under worldwide
copyright and other applicable laws pertaining to intellectual property. All
title, ownership and intellectual property rights in the Web Site and the Web
Site Content shall remain in SKOBE, its affiliates or licensor’s of the Web
Site content, as the case may be.

All rights, not otherwise claimed under
this Agreement by SKOBE, are hereby reserved. Any information or advertisements
contained on, distributed through, or linked, downloaded or accessed from any
of the services contained on the Web Site or any offer displayed on or in
connection with any service offered on the Web Site (“Website Information“)
is intended, solely to provide general information for the personal use of the
User(s), who fully accept any and all responsibility and liabilities arising
from and out of the use of such Information. SKOBE does not represent, warrant
or endorse in any manner the accuracy or reliability of Website Information, or
the quality of any products and/or services obtained by the User(s) as a result
of any Website Information.

The
Information is provided “as is” with no guarantee of completeness, accuracy,
timeliness or of the results obtained from the use of the Information, and
without warranty of any kind, express or implied, including, but not to
warranties of performance, merchantability and fitness for a particular
purpose. Nothing contained in the Agreement shall to any extent substitute for
the independent investigations and the sound technical and business judgment of
the User(s). In no event shall SKOBE be liable for any direct, indirect,
incidental, punitive, or consequential damages of any kind whatsoever with
respect to SKOBE’s Services. User(s) hereby acknowledge that any reliance upon
the Information shall be at their sole risk and further understand and
acknowledge that the Information has been compiled from publicly aired and
published sources. SKOBE respects the rights of such entities and cannot be
deemed to be infringing on the respective copyrights or businesses of such
entities. SKOBE reserves the right, in its sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in any
portion of the Information.

  • Trademark
    “Skobe” and related icons and logos are registered trademarks or
    trademarks or service marks of SKOBE in various jurisdictions and are
    protected under applicable copyright, trademark and other proprietary and
    intellectual property rights laws. The unauthorized adoption copying,
    modification, use or publication of these marks is strictly prohibited.
  • Copyright
    All Web Site Content including Website Information is copyrighted to SKOBE
    excluding any third-party content and any links to any third-party
    websites being made available or contained on the Web Site. User(s) may
    not use any trademark, service mark or logo of any independent third
    parties without prior written approval from such parties.

User(s) acknowledge and agree that SKOBE is
not an arbiter or judge of disputes concerning intellectual property rights and
as such cannot verify that User(s) selling or supplying merchandise or
providing services on the Web Site have the right to sell the merchandise or
provide the services offered by such User(s). SKOBE encourages User(s) to
assist SKOBE in identifying listings on the Web Site which in the User(s)
knowledge or belief infringe their rights. User(s) further acknowledge and
agree by taking down a listing, SKOBE does not and cannot be deemed to be
endorsing a claim of infringement and further that in those instances in which SKOBE
declines to take down a listing, SKOBE does not and cannot be deemed to be
endorsing that the listing is not infringing of third party rights or endorsing
any sale or supply of merchandise or services pursuant to or on account of such
listing.

SKOBE respects the intellectual property
rights of others, and we expect our User(s) to do the same. User(s) agree to
not copy, download or reproduce the Web Site Content, Information or any other
material, text, images, video clips, directories, files, databases or listings
available on or through the Web Site (“SKOBE Content“) for
the purpose of re-selling or re-distributing, mass mailing (via email, wireless
text messages, physical mail or otherwise) operating a business competing with SKOBE,
or otherwise commercially exploiting the SKOBE Content unless otherwise agreed
between the parties. Systematic retrieval of SKOBE Content to create or
compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from SKOBE is prohibited.

In
addition, use of the SKOBE Content for any purpose not expressly permitted in
this Agreement is prohibited and entitles SKOBE to initiate appropriate legal
action. User(s) agree that as a condition of their access to and use of SKOBE’s
Services, they will not use SKOBE’s Services to infringe the intellectual
property rights of any third parties in any way. SKOBE reserves the right to
terminate the right of any User(s) to access or use SKOBE’s Services for any
infringement of the rights of third parties in conjunction with use of the SKOBE’s
Service, or in the event SKOBE is of the believes that User(s) conduct is
prejudicial to the interests of SKOBE, its affiliates, or other User(s), or for
any other reason, at SKOBE’s sole discretion, with or without cause.

  • URL’s/Sub-Domain
    URL’s/ Sub-domain names assigned by SKOBE to User(s) (including both paid
    and free User(s)) are the exclusive property of SKOBE and it cannot be
    assumed to be permanent in any case. SKOBE reserves the right, without
    prior notice, at any point of time, to suspend or terminate or restrict
    access to or edit any URL’s/Sub-domain names. IN ALL SUCH CASES, SKOBE
    WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
    CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
    BUSINESS INTERRUPTION OR OTHERWISE.
    SKOBE may allow User(s) access to content, products or services offered by
    third parties through hyperlinks (in the form of word link, banners,
    channels or otherwise) to the websites offered by such third parties (“Third
    Party Websites
    “). SKOBE advises its User(s) to read the
    terms and conditions of use and/or privacy policies applicable in respect
    of such Third Party Websites prior to using or accessing such Third Party
    Websites. Users acknowledge and agree that SKOBE has no control over any
    content offered on Third Party Websites, does not monitor such Third Party
    Websites, and shall in no manner be deemed to be liable or responsible to
    any person for such Third Party Sites, or any content, products or
    services made available thereof.
  1. LINKS
    TO THIRD PARTY SITES

    Links to third party sites are provided on Web Site as a convenience to
    User(s). User(s) acknowledge and agree that SKOBE does not have any
    control over the content of such websites and/ or any information,
    resources or materials provided therein.

SKOBE may allow User(s) access to content,
products or services offered by third parties through hyperlinks (in the form
of word link, banners, channels or otherwise) to the websites offered by such
third parties (“Third Party Websites“). SKOBE advises its
User(s) to read the terms and conditions of use and/or privacy policies
applicable in respect of such Third Party Websites prior to using or accessing
such Third Party Websites. Users acknowledge and agree that SKOBE has no
control over any content offered on Third Party Websites, does not monitor such
Third Party Websites, and shall in no manner be deemed to be liable or
responsible to any person for such Third Party Sites, or any content, products
or services made available thereof.

VII.
TERMINATION

Most content and some of the features on the Web Site are made available to
User(s) free of charge. However, SKOBE reserves the right to terminate access
to certain areas or features of the Web Site (to paying or registered User(s)) at
any time without assigning any reason and with or without notice to such
User(s). SKOBE also reserves the universal right to deny access to particular
User(s) to any or all of its services or content without any prior notice or
explanation in order to protect the interests of SKOBE and/ or other User(s) of
the Web Site. SKOBE further reserves the right to limit, deny or create
different access to the Web Site and its features with respect to different
User(s), or to change any or all of the features of the Web Site or introduce
new features without any prior notice to User(s).
SKOBE reserves the right to terminate the membership/subscription of any
User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with SKOBE
is provided by such User(s), or if such User(s) are engaged in fraudulent or
illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the Web Site to send spam messages or repeatedly
publish the same product information.
(d) If such User(s) posts any material that is not related to international
trade or business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or
business entity’s name to post information or conduct business in any manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or
control of the Web Site database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username
and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics
and honest business practices.
If SKOBE terminates the membership of any registered User(s) including those
User(s) who have subscribed for the paid services of SKOBE, such person will
not have the right to re-enrol or join the Web Site under a new account or name
unless invited to do so in writing by SKOBE In any case of termination, no
subscription/membership fee/charges paid by the User(s) will be refunded.
User(s) acknowledge that inability to use the Web Site wholly or partially for
whatever reason may have adverse effect on their business. User(s) hereby agree
that in no event shall SKOBE be liable to any User(s) or any third parties for
any inability to use the Web Site (whether due to disruption, access, changes
to or termination of any features on the Web Site or otherwise), any delays,
errors or omissions with respect to any communication or transmission, or any
damage (direct, indirect, consequential or otherwise) arising from the use of
or inability to use the Web Site or any of its features.

VIII.
REGISTERED USER(S)

To become a registered User(s) of the Web Site a proper procedure has been made
available on the Web Site which is for the convenience of User(s) so that they
can easily use the website.

User(s) can become registered User(s) by
filling an on-line registration form on the Web Site by providing the required
information (including name, contact information, details of User(s) business,
etc.). SKOBE will establish an account (“Account”) for the User(s) upon
successful registration and will assign a user alias (“User ID”) and password
(“Password”) for log-in access to the User(s)’s Account. SKOBE may at its sole
discretion assign to User(s) upon registration a web-based email or messaging
account (“Email Account”) with storage space to send or receive emails or
messages. Users will be responsible for the content of all the messages
communicated through the account.

User(s) registering on the Web Site on
behalf of business entities represent and warrant that: (a) they have the
requisite authority to bind such business entity this Agreement; (b) the
address provided by such User(s) at the time of registration is the principal
place of business of such business entity; and (c) all other information
provided to SKOBE during the registration process is true, accurate, current
and complete. For purposes of this provision, a branch or representative office
of a User(s) will not be considered a separate entity and the principal place
of business of the User(s) will be deemed to be that of its head office.

User(s) agree that by registering on the
Web Site, they consent to the inclusion of their personal data in SKOBE’s
on-line database and authorize SKOBE to share such information with other
User(s). SKOBE may refuse registration and deny the membership and associated
User ID and Password to any User(s) for whatever reason. SKOBE may suspend or
terminate a registered membership at any time without any prior notification in
interest of SKOBE or general interest of its User(s) without assigning any
reason thereof and there shall arise no further liability on SKOBE of
whatsoever nature due to the suspension or termination of the User account.
User(s) registered on the Web Site are in no manner a part of or affiliated to SKOBE.

User(s) further agree and consent to be
contacted by SKOBE through phone calls, SMS notifications or any other means of
communication, in respect to the services provided by SKOBE even if contact
number(s) provided to SKOBE upon registration are on Do Not Call Registry.

IX.
DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is
governed by SKOBE’s privacy policy (“Privacy Policy“).
Please click here to know about the Privacy
Policy.
.

X.
POSTING YOUR CONTENT ON WEBSITE

Some content displayed on the Web Site is provided or posted by third parties.
User(s) can post their content on some of the sections/services of the Web Site
using the self-help submit and edit tools made at the respective sections of
the Web Site. User(s) may need to register and/or pay for using or availing
some of these services.

User(s) understand and agree that SKOBE in
such case is not the author of the content and that neither SKOBE nor any of
its affiliates, directors, officers or employees have entered into any
arrangement including any agreement of sale or agency with such third parties
by virtue of the display of such content on the Web Site. User(s) further
understand and agree SKOBE is not responsible for the accuracy, propriety,
lawfulness or truthfulness of any third party content made available on the Web
Site and shall not be liable to any User(s) in connection with any damage
suffered by the User(s) on account of the User(s)’s reliance on such content. SKOBE
shall not be liable for a User(s) activities on the Web Site, and shall not be
liable to any person in connection with any damage suffered by any person as a
result of any User’s conduct.

User(s) solely represent, warrant and agree
to:

(a) provide SKOBE with true, accurate, current
and complete information to be displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to
keep it true, accurate, current and complete.
User(s) hereby grant SKOBE an irrevocable, perpetual, worldwide and
royalty-free, sub-licensable (through multiple tiers) license to display and
use all information provided by them in accordance with the purposes set forth
in the Agreement and to exercise the copyright, publicity and database rights
User(s) have in such material or information, in any form of media, third party
copyrights, trademarks, trade secret rights, patents and other personal or
proprietary rights affecting or relating to material or information displayed
on the Web Site, including but not to rights of personality and rights of
privacy, or affecting or relating to products that are offered or displayed on
the Web Site (hereafter referred to as “Third Party Rights”).

User(s) hereby represent, warrants and
agree that User(s) shall be solely responsible for ensuring that any material
or information posted by User(s) on the Web Site or provided to the Web Site or
authorized by the User(s) for display on the Web Site, does not, and that the
products represented thereby do not, violate any Third Party Rights, or is
posted with the permission of the owner(s) of such Third Party Rights. User(s)
hereby represent, warrant and agree that they have the right to manufacture,
offer, sell, import and distribute the products offered and displayed on the
Web Site, and that such manufacture, offer, sale, importation and/or
distribution of those products violates no Third Party Rights.

User(s)
agree that they will not use SKOBE Content and/or SKOBE’s Services to send junk
mail, chain letters or spamming. Further, registered User(s) of the Web Site
agree that they will not use the Email Account to publish, distribute, transmit
or circulate any unsolicited advertising or promotional information. User(s)
further hereby represent, warrant and agree that any content, material or
information submitted to SKOBE for display on the Web Site or transmitted or
sought to be transmitted through SKOBE’s Services does not and shall at no
point:

  • Contain
    fraudulent information or make fraudulent offers of items or involve the
    sale or attempted sale of counterfeit or stolen items or items whose sales
    and/or marketing is prohibited by applicable law, or otherwise promote
    other illegal activities;
  • Belong to
    another person and to which User(s) do not have any right to;
  • Be part of a
    scheme to defraud other User(s) of the Web Site or for any other unlawful
    purpose;
  • Be intended
    to deceive or mislead the addressee about the origin of such messages or
    to communicate any information which is grossly offensive or menacing in
    nature;
  • Relate to
    sale of products or services that infringe or otherwise abet or encourage
    the infringement or violation of any third party’s copyright, patent,
    trademarks, trade secret or other proprietary right or rights of publicity
    or privacy, or any other Third Party Rights;
  • Violate any
    applicable law, statute, ordinance or regulation (including without
    limitation those governing export control, consumer protection, unfair
    competition, anti-discrimination or false advertising);
  • Be
    defamatory, abusive libellous, unlawfully threatening, unlawfully
    harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic,
    hateful, racially, ethnically objectionable, disparaging, relating or
    encouraging money laundering or gambling, leading to breach of confidence,
    or otherwise unlawful or objectionable in any manner whatever;
  • Be vulgar,
    obscene or contain or infer any pornography or sex-related merchandising
    or any other content or otherwise promotes sexually explicit materials or
    is otherwise harmful to minors;
  • Promote
    discrimination based on race, sex, religion, nationality, disability,
    sexual orientation or age;
  • Contain any
    material that constitutes unauthorized advertising or harassment
    (including but not to spamming), invades anyone’s privacy or encourages
    conduct that would constitute a criminal offense, give rise to civil
    liability, or otherwise violate any law or regulation;
  • Solicit
    business from any User(s) in connection with a commercial activity that
    competes with SKOBE;
  • Threaten the
    unity, integrity, defence, security or sovereignty of India, friendly
    relations with foreign states, or public order or causes incitement to the
    commission of any cognisable offence or prevents investigation of any
    offence or is insulting any other nation.
  • Contain any
    computer viruses or other destructive devices and codes that have the
    effect of damaging, interfering with, intercepting or expropriating any
    software or hardware system, data or personal information or that are
    designed to interrupt, destroy or limit the functionality of any computer
    resource;
  • Link
    directly or indirectly to or include descriptions of goods or services
    that are prohibited under the prevailing law; or Otherwise create any
    liability for SKOBE or its affiliates

SKOBE reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Web Site which in SKOBE’s
reasonable belief is unlawful or could subject SKOBE to liability or in
violation of the Agreement or is otherwise found inappropriate in SKOBE’s
opinion. SKOBE reserves the right to cooperate fully with governmental authorities,
private investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing.

In connection with any of the foregoing, SKOBE reserves the right to
suspend or terminate the Account of any User(s) as deemed appropriate by SKOBE
at its sole discretion. User(s) agree that SKOBE shall have no liability to any
User(s), including liability in respect of consequential or any other damages,
in the event SKOBE takes any of the actions mentioned in this provision.

User(s) understand and agree that the Web Site acts as a content
integrator and is not responsible for the information provided by User(s)
displayed on the Web Site. SKOBE does not have any role in developing the
content displayed on the Web Site. SKOBE has the right to promote any content
including text, images, videos, brochures etc. provided by User(s) on various
platforms owned by the company.

XI. INTERACTION BETWEEN USERS
SKOBE provides an on-line platform to facilitate interaction between buyers and
suppliers of products and services. SKOBE does not represent the seller or the
buyer in transactions and does not charge any commission for enabling any
transaction. SKOBE does not control and is not liable to or responsible for the
quality, safety, lawfulness or availability of the products or services offered
for sale on the Web Site or the ability of the suppliers to complete a sale or
the ability of buyers to complete a purchase. User(s) are cautioned that there
may be risks of dealing with foreign nationals or people acting under false
pretences on the Web Site. Web Site uses several tools and techniques to verify
the accuracy and authenticity of the information provided by User(s). SKOBE
however, cannot and does not confirm each User(s)’s purported identity on the
Web Site. SKOBE encourages User(s) to evaluate the User(s) with whom they would
like to deal with and use the common prudence while dealing with them.

User(s) agree to fully assume the risks of any transactions (“Transaction
Risks
“) conducted on the basis of any content, information or
any other material provided on the Web Site and further assume the risks of any
liability or harm of any kind arising due to or caused in connection with any
subsequent activity relating to any products or services that are the subject
of any such transaction.

  • Such risks
    include, but are not to, misrepresentation of products and services,
    fraudulent schemes, unsatisfactory quality, failure to meet specifications,
    defective or dangerous products, unlawful products, delay or default in
    delivery or payment, cost miscalculations, breach of warranty, breach of
    contract and transportation accidents.
  • Such risks
    also include the risks that the manufacture, importation, distribution,
    offer, display, purchase, sale and/or use of products or services offered
    or displayed on the Web Site may violate or may be asserted to violate
    Third Party Rights, and the risk that that User(s) may incur costs of
    defense or other costs in connection with third parties’ assertion of
    Third Party Rights, or in connection with any claims by any party that
    they are entitled to defense or indemnification in relation to assertions
    of rights, demands or claims by Third Party Rights claimants.
  • Such risks
    further include the risks that r the purchasers, end-users of products or
    others claiming to have suffered injuries or harms relating to product
    originally obtained by User(s) of the Web Site as a result of purchase and
    sale transactions in connection with using any content, information or any
    other material provided on the Web Site may suffer harms and/or assert
    claims arising from their use of such products.

User(s) agree that SKOBE shall not be liable or responsible for any
damages, liabilities, costs, harms, inconveniences, business disruptions or
expenditures of any kind that may occur/arise as a result of or in connection
with any Transaction Risks. User(s) are solely responsible for all of the terms
and conditions of the transactions conducted on, through or as a result of use
of any content, information or any other material provided on the Web Site ,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage. In the event of a dispute with any party to a
transaction, User(s) agrees to release and indemnify SKOBE (and our agents,
affiliates, directors, officers and employees) from all claims, demands,
actions, proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of or in
connection with such transaction

Skobe reserves the right to add/modify/discontinue any of the features
offered on SKOBE’s Services.

XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an ” as is ” and ” as
available ” basis, and SKOBE hereby expressly disclaims any and all warranties,
express or implied, including but not to any warranties of condition, quality,
durability, performance, accuracy, reliability, merchantability or fitness for
a particular purpose. All such warranties, representations, conditions,
undertakings and terms are hereby excluded. SKOBE makes no representations or
warranties about the validity, accuracy, correctness, reliability, quality,
stability or completeness of any information provided on or through the Web
Site. SKOBE does not represent or warrant that the manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the Web Site does not violate any Third Party Rights;
and SKOBE makes no representations or warranties of any kind concerning any
product or service offered or displayed on the Web site. Any material
downloaded or otherwise obtained through the Web site is at the User(s) sole
discretion and risk and the User(s) is solely responsible for any damage to its
computer system or loss of data that may result from the download of any such
material. No advice or information, whether oral or written, obtained by the
User(s) from Web Site or through or from the Web Site shall create or be deemed
to create any warranty not expressly stated herein.

Under no circumstances shall SKOBE be held liable for any delay or
failure or disruption of the content or services delivered through the Web Site
resulting directly or indirectly from acts of nature, forces or causes beyond
its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labour disputes, riots, insurrections, civil disturbances,
shortages of labour or materials, fires, flood, storms, explosions, Acts of
God, natural calamities, war, governmental actions, orders of domestic or
foreign courts or tribunals or non-performance of third parties. User(s) hereby
agree to indemnify and save SKOBE, its affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from their use of the
Web Site (including but not to the display of User(s) information on the Web
Site) or from User(s)’s breach of any of the terms and conditions of this
Agreement. User(s) hereby further agree to indemnify and save SKOBE, its
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from User(s)’s breach of any representations and warranties
made by the User(s) to SKOBE.

User(s) hereby further agree to indemnify and save SKOBE, its
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise, directly or indirectly, as a result of any claims asserted by
Third Party Rights claimants or other third parties relating to products
offered or displayed on the Web Site. User(s) hereby further agree that SKOBE
is not responsible and shall have no liability for any material posted by other
User(s) or any other person, including defamatory, offensive or illicit
material and that the risk of damage from such material rests entirely with the
User(s). SKOBE reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by any
User(s), in which event such User(s) shall cooperate with SKOBE in asserting
any available defences.

SKOBE shall not be liable for any special, direct, indirect, punitive,
incidental or consequential damages or any damages whatsoever (including but
not to damages for loss of profits or savings, business interruption, loss of
information), whether in contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the following:

  • The use or
    the inability to use the Web Site;
  • Any defect
    in goods, samples, data, information or services purchased or obtained
    from a User(s) or a third-party service provider through the web site;
  • Violation of
    Third Party Rights or claims or demands that User(s) manufacture,
    importation, distribution, offer, display, purchase, sale and/or use of
    products or services offered or displayed on the web site may violate or
    may be asserted to violate Third Party Rights; or claims by any party that
    they are entitled to defense or indemnification in relation to assertions
    of rights, demands or claims by Third Party Rights claimants;
  • Unauthorized
    access by third parties to data or private information of any User(s);
  • Statements
    or conduct of any User(s) of the web site; or
  • Any matters
    relating to Premium Services however arising, including negligence.

XIII. NOTICES

All notices or demands to or upon SKOBE shall be effective if in writing
and shall be deemed to be duly made when sent to SKOBE to Skobe , F-75/B,
Street No.3, Laxmi Nagar, Mangal Bazar, New Delhi 110092, India.

All notices or demands to or upon a User(s) shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or email to
the last-known correspondence, fax or email address provided by the User(s) on
the Web Site, or by posting such notice or demand on an area of the Web Site
that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if
and when Web Site is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User(s), or immediately upon
Web Site’s posting such notice on an area of the Web Site that is publicly
accessible without charge.

XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the
laws of Indian Territory. SKOBE considers itself and intends itself to be
subject to the jurisdiction of the Courts of New Delhi, India only. The parties
to this Agreement hereby submit to the exclusive jurisdiction of the courts of
New Delhi, India.

XV. MISCELLANEOUS

  • Headings for
    any section of the Agreement are for reference purposes only and in no way
    define, limit, construe or describe the scope or extent of such section.
  • SKOBE’s failure
    to enforce any right or failure to act with respect to any breach by a
    User(s) under the Agreement and/or Privacy Policy will not be deemed to be
    a SKOBE’s waiver of that right or SKOBE’s waiver of the right to act with
    respect with subsequent or similar breaches.
  • SKOBE shall
    have the right to assign its obligations and duties in this Agreement and
    in any other agreement relating SKOBE’s Services to any person or entity
  • If any
    provision of this Agreement is held to be invalid or unenforceable, such
    provision shall be struck out and the remaining provisions of the
    Agreement shall be enforced.
  • All calls to
    Skobe are completely confidential. However, Your call may be recorded to
    ensure quality of service. Further, for training purpose and to ensure
    excellent customer service, calls from Skobe may be monitored and
    recorded.
  • Mr. Victor
    Kharkwal is the designated Grievance Officer in respect of SKOBE’s
    Services. Any complaints or concerns with regards to any content on SKOBE’s
    Services or any breach of this Agreement or Privacy Policy can be directed
    to the designated Grievance Officer in writing at Skobe , F-75/B, Street
    No.3, Mangal Bazar, Laxmi Nagar, Delhi-110092 or through an email signed
    with the electronic signature sent to support@Skobe.com
  • The
    Agreement and the Privacy Policy constitute the entire agreement between
    the User(s) and SKOBE with respect to access to and use of the Web Site,
    superseding any prior written or oral agreements in relation to the same
    subject matter herein

XVI. BIG BUYER (“BB”) TERMS OF USE

  • Under BB
    banner, SKOBE shall develop a microsite for the User(s) company (“BB
    Company
    “) on the Web Site. SKOBE shall display all the
    leads of the BB Company on the microsite, to enable the BB Company to find
    out suppliers in a short period of time.BB Company hereby grants SKOBE the
    right to use its intellectual property on the microsite and Web Site in
    relation to the requirements posted by the BB Company on Web Site. It is
    clarified that all intellectual property rights in the logos, brands and
    trademarks of the BB Company used in relation to the above shall vest in
    the BB Company only.
  • BB Company
    shall ensure that the contents provided to SKOBE shall not contain any
    material which is offensive, derogator, explicit or perverse to any
    specific race, gender or class of persons or degrading to public
    conscience or morals and does not breach any applicable law.
  • SKOBE makes
    no representations or warranties to BB Company with respect to services
    provided by SKOBE under BB banner.
  • SKOBE hereby
    disclaims all warranties express and implied, including the implied
    warranties of merchantability, fitness for a particular purpose, and
    non-infringement with respect to the services provided by SKOBE under the
    BB banner.
  • In no event
    shall SKOBE be liable to BB Company for any special, exemplary, indirect,
    incidental, consequential, punitive damages or for any damages arising out
    of or in connection with respect to the above-mentioned service.
  • Apart from
    the said terms & conditions, the Agreement shall be deemed to form
    part and parcel of BB term and conditions.

XVII. PHARMACEUTICAL PRODUCT/SERVICE
POLICIES

The Web Site does
not facilitate the purchase of pharmaceutical products, and only advertises
and/or showcases the pharmaceutical products posted by Users(s). User(s)
involved in the purchase and supply of pharmaceutical products hereby agree to
abide by and be compliant of any applicable laws, rules, regulations,
notifications or orders issued by the Government of India or any of its
agencies from time to time in this regard including but not to Drugs and
Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 (“Drug
Rules
“), Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954 (“Drug and Magic Remedies Act“).

SKOBE shall not be responsible for any information, content or material
in respect of or related to any pharmaceutical product posted, provided or
displayed by User(s) on the Web Site. Accordingly, the User posting the content
shall ensure that the content so posted does not violate any statue in the
rules made thereunder including the Act(s) as referred above, so that no
consequences of any nature could be attributed to SKOBE in any manner
whatsoever.

Users(s) hereby undertake that they shall solely be responsible and
shall bear all the liabilities in respect of selling prescription medicines
and/or drugs mentioned in any of the Schedules of the Drug Rules without a
prescription issued by a registered medical practitioner and in accordance with
the conditions laid down in such rules. In the event of breach of such
condition, SKOBE shall not be liable and responsible in any manner whatsoever.

Users(s) undertake and agree to indemnify and hold harmless SKOBE and/or
any of its affiliates, directors, officers, employees or representatives from
and against any and all losses, liabilities, damages, claims, costs and
expenses (including attorney’s fees and expenses, any third party claims),
which SKOBE may incur or suffer as a result of or in connection with any
illegal sales of drugs and/or medicines.

SKOBE does not offer any guarantees or warranties on the
medicinal products or services displayed or listed on the Web Site and is not
liable for any relevant transaction between the User(s), including transactions
involving sale of any medicine(s) restricted and/or banned for sale by any
governmental or any other regulatory authorities.