www.exploreyourcities.com
The website, www.exploreyourcities.com is an electronic web-based platform for exchanging, exploring, and enhancing business online by searching and interacting with suitable companies. It is owned and managed by EXPLORE YOUR CITY (“Company”) with its registered office at 33/9 Patel House Near Govt. Rest House Pen, Raigad, Maharashtra India 402107.
Any and all use of this website is subject to and constitutes acknowledgment and acceptance of, the following Terms and Conditions (“Terms”). It is mandatory for all users of the Site to have read carefully, fully understood, and be in total agreement with the below-mentioned Terms before they proceed to use any of the services of the Site (“Services”). The Services are available only to those individuals, firms, or companies who can form legally binding contracts under Indian laws. Explore Your City may amend these Terms of Use at any time by posting the amended version on this site. Such an amended version shall automatically be effective upon its posting on this site.
Definition clause:Â
- User: For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with EXPLORE YOUR CITY as a registered User or whether said User is a paying customer for a specific service provided by EXPLORE YOUR CITY A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- Un-Authorized Member / User: – Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized customer’ and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider and abiding by licensing terms and conditions.
- Free Services: Any person/entity that joins the portal www.exploreyouecities.com just with the intention to enlist his listing and showcase his business online without availing any specialized services thereto.
- Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site (“Paid Services”) to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.
- By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older, and (d) The use of the Site does not violate any applicable law or regulation. (e) The user’s profile may be deleted and his Membership may be terminated without warning if we believe that the user is in breach of any of the above terms. (f) In no event, the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in the action of contract, negligence, or other tortuous action, arising out of or in connection with the use of the site.
- That the Users agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of the normal flow of dialogue within this site. If any member/individual; /entity becomes aware of any inappropriate content by any member of this site, or otherwise please contact us by clicking on the “Feedback” link at the footer of every page.
- The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site has posted ONLY products and services on which they have complete authorization/ownership/dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates / endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.
- That the Site shall not be liable for any such information or data which is not within its knowledge/acknowledgment/contraventions/copyright issues committed by its Users and which is beyond the control of verification.
- That the Site shall have sole discretion regarding the deletion of its member’s classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of the third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in any case and in any circumstance.
- This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to EXPLORE YOUR CITY and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
- EXPLORE YOUR CITY may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by EXPLORE YOUR CITY of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of EXPLORE YOUR CITY.
- Membership is activated within 2 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however, the Web pages are created as per the information/approval provided by the member and may take some time however no relaxation will be provided/allowed for the said period.
- Members are aware that the servers belong to a third party and the continuation to access the services is subject to availability as the same is interrupted at times by technical problems /hackers etc. and EXPLORE YOUR CITY is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The members are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problems.
- Membership charges are subject to revision and are at the discretion of the EXPLORE YOUR CITY.
- The EXPLORE YOUR CITY reserves its right to block or delete the webpage at any time without assigning any reason etc. and the member/s will have no claim or right whatsoever against EXPLORE YOUR CITY under any circumstances.
- Users agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedback, or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of EXPLORE YOUR CITY.
Users Generally:
- Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases, or listings available on or through the Site (the ” EXPLORE YOUR CITY Content”) for the purpose of re-selling or re-distributing the EXPLORE YOUR CITY Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with EXPLORE YOUR CITY, or otherwise commercially exploiting the EXPLORE YOUR CITY
- Some of the Content displayed on this Site is provided or posted by third parties (“Third Party Content”). EXPLORE YOUR CITY is not the author of such content which may have been contributed by anonymous users, paid content providers, or registered users. Neither EXPLORE YOUR CITY nor any of our associates/affiliates, directors, officers, or employees has entered into any sales agency relationship with such third party by virtue of the display of the Third-Party Content on the Site. Such Content is the sole responsibility of the party who provided the content. EXPLORE YOUR CITY is not responsible for the accuracy, authenticity, lawfulness, propriety, or truthfulness of any Third-Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third-Party Content. In addition, EXPLORE YOUR CITY is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
- EXPLORE YOUR CITY may allow Users access to content, products, or services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise) to such Third Party’s websites. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that EXPLORE YOUR CITY has no control over such third party’s website, does not monitor such sites, and EXPLORE YOUR CITY shall not be responsible or liable to anyone for such website, or any content, products, or services made available on such a website.
- EXPLORE YOUR CITY reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that the inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall EXPLORE YOUR CITY be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- The Company reserves the right to change, add or delete any part or entire feature to the Site at any time without any prior intimation and just by updating the same in the features list or Terms and Conditions keeping in mind the interest of the registered members, for example, the recent new feature Primary Number. The implementation of the same needs no confirmation or consent from the members. No requests for modifications or alterations to the applied changes would be entertained.
- No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by EXPLORE YOUR CITY and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No user shall take any action, which imposes an undue or disproportionately large load on our infrastructure.
- We urge that you read EXPLORE YOUR CITY’s Privacy Policy which governs the protection and use of each User’s information in EXPLORE YOUR CITY’s possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that EXPLORE YOUR CITY may change the Privacy Policy from time to time provided that EXPLORE YOUR CITY shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
As a condition of your access to and use of EXPLORE YOUR CITY, you agree that you will not use the EXPLORE YOUR CITY service to infringe the intellectual property rights of others in any way. EXPLORE YOUR CITY will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, EXPLORE YOUR CITY reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with the use of the EXPLORE YOUR CITY service, or if EXPLORE YOUR CITY believes that user conduct is harmful to the interests of EXPLORE YOUR CITY, its affiliates, or other users, or for any other reason in EXPLORE YOUR CITY’s sole discretion, with or without cause.
Registered Users:
- Each User who has filled out an online registration form on the Site by giving their information (such as name, address, telephone, and fax number, email address, details of their business, etc.) is a registered user of www.exploreyourcities.Com (a “Registered User”). EXPLORE YOUR CITY will establish an account (“Account”) for each Registered User and each Registered User will be assigned a user alias (“User ID”) and password (“Password”) for log-in access to its own Account.
- EXPLORE YOUR CITY may assign a web-based email account with limited storage space for the User to send or receive an email (the “Email Account”). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
- If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to EXPLORE YOUR CITY during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity, and its principal place of business will be deemed to be that of its head office.
- By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer / Supplier / Manufacturer Database and authorize EXPLORE YOUR CITY to share such information with other Users.
- EXPLORE YOUR CITY may suspend or terminate a Registered User’s Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in EXPLORE YOUR CITY determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) EXPLORE YOUR CITY has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) EXPLORE YOUR CITY believes that the Registered User’s actions may cause financial loss or legal liability to such Registered User, EXPLORE YOUR CITY other Users, or EXPLORE YOUR CITY or its affiliates.
- The Registered User shall not use the Email Account for junk mail, chain letters, or spamming, or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
- A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID, or Password to a third party without the prior written consent of EXPLORE YOUR CITY.
- EXPLORE YOUR CITY may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment, or transfer in violation of this Section.
- EXPLORE YOUR CITY may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
- In case you chose to discontinue your association with us, you can unsubscribe/remove your account by completing the delisting procedure using the Remove Account link available in your folder.
- Once you become a Registered User, you are no longer anonymous to EXPLORE YOUR CITY and it is deemed that you authorize EXPLORE YOUR CITY the right to publish the desired and requisite business and personal details throughout its marketplaces, including but not limited to business directory, listings, trade leads, catalogs, etc.
- As a Registered User, you consent to your information being listed and displayed used by all divisions/sister concerns/ventures of EXPLORE YOUR CITY, and it can be used for listing and display at other places and portals including Third Party Service Providers and Search Engines for the purpose of online business promotion.
- Registered User hereby grants the right to EXPLORE YOUR CITY to use its Intellectual Property on the Site in relation to the requirements/leads posted by the Users.
- All URLs provided to the User are the exclusive property of EXPLORE YOUR CITY and can be changed, suspended, or edited without prior notice. Any direct or indirect damage caused due to such changes is not a liability of the Site.
- Primary Number: The Primary Number feature is extended purely to ensure a good user experience for the visitors on the Site as well as ensure that the Paid Members don’t lose out on any of the calls. If a call to the paid User’s Primary Number is missed, then the User authorizes the Site to contact the caller on behalf of the paid User to ensure that the lead is not lost; this is just a support service to facilitate the paid User as well as the visitor / User who has approached the Site to fulfill his / her requirement.
Users Who Post Information on: www.exploreyourcities.com
- You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site.
- No sales agency relationship is created between any User and EXPLORE YOUR CITY, our affiliates, directors, officers, or employees by virtue of EXPLORE YOUR CITY displaying of any of the User’s information on the Site. All the information posted by the User is solely the responsibility of the User and the User agrees to indemnify and save EXPLORE YOUR CITY, its affiliates, directors, officers, and employees harmless from any liability arising due to this information.
- Each User(s) hereby represents, warrants and agrees to (a) provide EXPLORE YOUR CITY with true, accurate, current, and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to EXPLORE YOUR CITY to display and use all the information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the User has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to User’s website/brochures/catalogs / printed material, etc.
- Each User hereby represents, warrants and agrees that it has obtained all necessary third-party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to EXPLORE YOUR CITY or authorizes EXPLORE YOUR CITY to display. Third-party copyrights, trademarks, trade secret rights, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as “Third- Party-Rights.”
Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to EXPLORE YOUR CITY or authorizes EXPLORE YOUR CITY to display 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 rights. Each User hereby represents warrants and agrees that it has the right to manufacture, offer, sell, import, and distribute the products it offers and displays on the Site and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third-Party-Rights. - Each User hereby represents, warrants and agrees that information submitted to Explore your city for display on the site shall not: 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; be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; 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, libelous, unlawfully threatening or unlawfully harassing; be 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 limited 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 Users in connection with a commercial activity that competes with EXPLORE YOUR CITY; 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; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for EXPLORE YOUR CITY or its affiliates.
- EXPLORE YOUR CITY reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject EXPLORE YOUR CITY to liability, violates this Agreement, or is otherwise found inappropriate in EXPLORE YOUR CITY’s opinion.
- EXPLORE YOUR CITY 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. Furthermore, EXPLORE YOUR CITY may disclose the User’s identity and contact information if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and EXPLORE YOUR CITY shall not be liable for damages or results thereof and User agrees not to bring any action or claim against EXPLORE YOUR CITY for such disclosure. In connection with any of the foregoing, www.exploreyourcities.com may suspend or terminate the Account of any User as EXPLORE YOUR CITY deems appropriate in its sole discretion. User agrees that EXPLORE YOUR CITY shall have no liability to User, including no liability for consequential or any other damages, in the event EXPLORE YOUR CITY takes any of the actions mentioned in this Section, and that User agrees to bear the risk that EXPLORE YOUR CITY may take such actions.
- Each User hereby agrees that the information posted by them on the Site will result in business inquiries through phone calls, emails, SMS, etc. from various buyers and sellers that may or may not be suitable to their business interests. EXPLORE YOUR CITY does not exercise any control over its Users for sending business inquiries to the Registered members and will not be involved in any scrutiny of the same.
- EXPLORE YOUR CITY doesn’t allow registration/transactions by any member/user that has direct or indirect involvement in any sanctioned countries/territories (Cuba, Iran, Syria, North Korea / Democratic People’s Republic of Korea, Crimea, and Sevastopol / Crimean Autonomous Republic) as per sanctions laws imposed by UN, US, UK, EU or any other Government and/or Regulatory authorities.
Transactions between Buyers and Suppliers:
- Through the Site, EXPLORE YOUR CITY provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. EXPLORE YOUR CITY does not represent the seller nor the buyer in specific transactions and does not charge any commissions for completing any transactions. The Site is merely a platform and has no part in the transactions between buyers and sellers. As a result, EXPLORE YOUR CITY 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 Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks in dealing with people acting under false pretenses. EXPLORE YOUR CITY uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
- Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include but are not limited 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 Site may violate or may be asserted to violate Third Party Rights, and the risk that User 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 also include the risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to the product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks.”. Each User agrees that EXPLORE YOUR CITY shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of the use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.
- In the event that any User has a dispute with any party to a transaction/ or in case of User dispute arising out of the joint venture, such User agrees to release and indemnify EXPLORE YOUR CITY (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. EXPLORE YOUR CITY shall not entertain any such dispute and cannot be held liable for the same, in any circumstances, whatsoever.
- EXPLORE YOUR CITY shall arrange buyer-supplier interactions and guide the way in which Users can search for leads and interact through EXPLORE YOUR CITY. Such calls are strictly only demonstration calls made on any available suitable inquiry/lead. EXPLORE YOUR CITY is promoting the User, i.e., neither the buyer nor the supplier. All Users are advised to do all the requisite background checks and verification before processing any business transaction with Users. EXPLORE YOUR CITY shall not be held liable for any loss/inaccuracy/damage etc. if arises out of this interaction or any transaction that is made by the Users. EXPLORE YOUR CITY is only putting forth its efforts to arrange an interaction and is not at all a beneficiary and hence is not at all liable for any profit/loss and the Users shall be solely held liable for their actions.
Limitation of Liability:
- The features and services on the EXPLORE YOUR CITY site are provided on an “as is” and “as available” basis, and EXPLORE YOUR CITY hereby expressly disclaims any and all warranties, express or implied, including but not limited 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.
- EXPLORE YOUR CITY makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness, or correctness of any information provided on or through the site. EXPLORE YOUR CITY does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the site does not violate any third-party rights; and EXPLORE YOUR CITY makes no representations or warranties of any kind concerning any product or service offered or displayed on the EXPLORE YOUR CITY
- Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User 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 any User from EXPLORE YOUR CITY or through or from the Site shall create any warranty not expressly stated herein.
- Under no circumstances shall EXPLORE YOUR CITY be held liable for a delay or failure or disruption of the content or services delivered through the 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Each User hereby agrees to indemnify and save EXPLORE YOUR CITY, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, and liabilities (including legal costs on a full indemnity basis) that may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save EXPLORE YOUR CITY, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, and 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 Site. Each User hereby further agrees that EXPLORE YOUR CITY is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive, or illicit material, and that the risk of damages from such material rests entirely with each User. EXPLORE YOUR CITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with EXPLORE YOUR CITY in asserting any available defenses.
- The User is warned against disclosure of any personal/confidential/sensitive information to any previous or current employee of the company. The User would do so solely at his / her own risk and the Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information, or repute.
- That there are certain free and paid features that may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.
- EXPLORE YOUR CITY shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, or loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- EXPLORE YOUR CITY may offer Complimentary leads to the Users with certainly paid packages / some special schemes but the Users shall not in any circumstance hold EXPLORE YOUR CITY liable for the same as this is subject to availability. These are requirements posted by buyers and their receipt is based on the product’s nature, popularity, trends, seasons, etc. which are not governed by EXPLORE YOUR CITY and hence cannot be guaranteed. EXPLORE YOUR CITY would try to forward the leads that match the User’s products or services but is not liable for the accuracy and authenticity of the information.
- Each USER hereby consents to materialize his/her business on their own and agrees that EXPLORE YOUR CITY is not liable for any kind of business materialization on behalf of any of its USER. Such requests/complaints are not at all maintainable.
- EXPLORE YOUR CITY only displays the pharmaceutical/Cosmetic products and services as posted by the Suppliers listed on the Site and doesn’t facilitate direct purchase or sale. All Users i.e., Buyers and Sellers dealing in Pharma / Cosmetic products and services hereby agree to be bound by and compliant with all the rules and regulations, laws, orders, and notifications issued by the Government of India and its agencies at all times. As an Intermediary, we are only offering a platform to the Suppliers for showcasing their products and services and we have no liability related to the content, images, information, or any such details related to the chemicals, drugs, or medicines. Suppliers selling prescriptive Medicines and/or Drugs hereby undertake that they shall solely be responsible and shall bear all the liabilities with respect to sale/purchase in light of the Schedules of the Drugs and Cosmetics Act, 1940 including its amendments. The Suppliers also agree that they have complete authorization/ownership/dealership/selling rights and take full responsibility that there would be no violation of any nature. The Site does not represent the seller nor the buyer in specific transactions and is merely an advertising platform having no part in the transactions between buyers and sellers. The Site neither controls nor can be held liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale, or the ability of buyers to complete a purchase. The User agrees to indemnify and save EXPLORE YOUR CITY, its affiliates, directors, officers, and employees harmless from any liability/losses arising due to any illegal sale/purchase of drugs and/or medicines. The Users will not post any information related to medicines, drugs, or chemicals mentioned in Schedule X of the Drugs and Cosmetics Act, of 1940 including its amendments. In case we receive any complaint/directive/mandate against any content/listing then the Site reserves the right to remove the same without prior notification. This may include suspension of membership if found to be derogatory to the prevailing Indian laws.
- The User agrees that for certain services which involve Third Party Service Providers, such as Payment Gateway Integration, the role of EXPLORE YOUR CITY would be limited to its integration and all subsequent support/issue resolution would be provided by the User’s chosen Third-Party Service Provider only. EXPLORE YOUR CITY shall not be held liable for any disruption/delay/failure in Third Party Services.
The use or the inability to use the Site:
- Any defect in goods, samples, data, information, or services purchased or obtained from a User or a third-party service provider through the Site;
- Violation of Third Party Rights or claims or demands that Users’ manufacture, importation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the 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; statements or conduct of any User of the Site; or any matters relating to Paid Services however arising, including negligence.
Intellectual Property Rights:
- All logos, brands, trademarks, and registered marks (“Marks”) appearing in EXPLORE YOUR CITY are the properties either owned or used under license by the Company and/or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company /its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
- The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.
Website designing services:
- As Website designing service is one of the deliverables with our membership packages, we carry sole rights on its technical maintenance. Interruptions caused due to technical errors in uploading or after hosting of the website, cannot be taken as an issue to lead to a legal case.
- As the Website designing service is a Paid service without our membership packages, hence all the technical details including FTP details are subject to be kept confidential by EXPLORE YOUR CITY. No claim(s) shall be entertained regarding the same. Since the data of the template-based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
Validity of Website Designing Services:
- We will call/mail you for the details/materials required for the development of your website. In case you do not respond to our call/mail and do not provide the details/ material, we will send you reminder letters as well. Failing to hear from you after 2nd reminder letter, your website designing services will be terminated.
Development of website:
- We ensure to involve our clients in the entire process of website development. We have a practice of sending emails to get written approval from clients on each step of website design. In case you do not reply to our emails intimating regarding the progress of the website/incomplete material/ incomplete images/layout/ hosting of the website etc., we will send you reminder letters. In case we fail to hear from you even after 2 reminder letters, we will lead the project as per the company policy.
Note: After these changes/modifications will be done on a paid basis.
Hosting of the website:
- After the development of the website, we send its temporary link to the client. Within five days of receiving this temporary link, you may suggest for modification needed. In case you do not send the feedback within five days of receiving this temporary link, we will consider it as your approval and host your website on the domain. Flexibility in the above-mentioned circumstances can be availed only after receiving and analysis of written requests sent by the client. In such cases EXPLORE YOUR CITY carries sole authority to take decisions.
Note: After these changes/modifications will be done on a paid basis.
Delivery Policy for Digital Products
All products available for purchase on exploreyourcities.com are digital products and delivered digitally created only. No physical products are shipped for digital products. All of the EXPLORE YOUR CITY offered for sale on www.exploreyourcities.com are digital products.
Your file(s) will be available to create your business listing and try our package for free for the next Seven dyes after your satisfaction then makes payment. There will be an opportunity to edit anytime in the future right after checkout is complete and payment is received.
Once you create a business listing of the package you purchased, you are responsible for the safekeeping of the file or listing backup. So I recommend making a backup copy of the original Listing and separate backup copies as needed for when you make any changes to the business listings.
Payment and Refund Issue:
Payment for memberships:
- All payments for services at EXPLORE YOUR CITY have to be made in favor of ” EXPLORE YOUR CITY.” only. All payments need to be made on a 100% advance basis to continue to use uninterrupted Paid Services.
- We have RAZORPAY/Â an authorized organization to collect payments. No other name (i.e., any other individual or organization name) or via personal Western Union or personal PayPal Accounts for any services rendered by EXPLORE YOUR CITY. You are informed that under no circumstances will EXPLORE YOUR CITY be liable for any damage caused due to your transactions/payments made to / in favor of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.
- The User, who is liable to pay Subscription Fees, shall pay it on demand even if the User disputes the same for any reason. In the event that the Company decides the dispute to be in the User’s favor, the Company shall refund to the User any excess amount paid by the Member free of interest. In the event of late payment by the User of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
- Once subscribed, the payment made by the User for Paid service is not refundable and no claim for a refund would be entertained. EXPLORE YOUR CITY neither offers any guarantees for the accuracy, timeliness, and authenticity nor advocates any of the content posted by the other Users. All the services are on a best-effort basis.
Refund on the basis of fraudulent transactions:
- The User is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or offline transaction involving credit cards/debit cards or such other forms of instruments or documents for making such transactions. EXPLORE YOUR CITY assumes no responsibility or liability for their improper use of information relating to such usage of credit cards/debit cards used by the subscriber online / offline.
Refund on the basis of change in preference/delay in the process:
- As we at EXPLORE YOUR CITY keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
- Once an order is placed it cannot be canceled as it is sent for processing immediately. Your personal preferences changed in the course of time, and cannot serve as a reason for refund or chargeback.
Suspension / Termination of Services:
- EXPLORE YOUR CITY reserves the right to partially suspend the User’s access to certain features, panels, and access points or fully terminate a User’s Account at any time without assigning any reason or notice to the User (Free and Paid Members) in order to protect the interests of other Users of EXPLORE YOUR CITY and/or the interests of EXPLORE YOUR CITY.
- Termination or suspension either fully or partially as deemed fit by EXPLORE YOUR CITY may be on reasonable grounds to suspect / on receipt of a complaint / a belief / an investigation / a notification from law-making bodies or governing authorities and can be done for the following reasons:
- If there is any breach of the provisions of this Agreement by the User(s).
- If the information provided by the User(s) is untrue, inaccurate, or is not current or complete, or if the User(s) unlawfully uses another person’s or business entity’s name or impersonates another person or business identity in any manner.
- If the User’s actions may cause financial loss or legal liability to other User(s), or EXPLORE YOUR CITY or its affiliates.
- If the User(s) is engaged in misuse or fraudulent use of the Services or involved in illegal/prohibited/inappropriate communications/activities/transactions
- If the User(s) posts any information that is unrelated to the services extended by the Site or uses the Site for spamming
- If the User(s) is involved in unauthorized access, use, modification, or control of the Site database, network, or related services.
- If the User(s) accesses another User(s) account by obtaining another registered User(s) Username and/or Password.
- If the User(s) infringes the intellectual property rights of any other person or business entity.
- If the User(s) activity may not be in accordance with the ethics and honest business practices.
- With such termination, the User(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitled to register again with new User information unless permitted by EXPLORE YOUR CITY in writing. No membership charges/subscription fees paid by the User(s) will be refunded in case of termination. The User(s) acknowledge and agree that any direct or indirect damage caused due to such termination is not a liability of EXPLORE YOUR CITY.
Matter of Disputes and Jurisdictional Aspects:
- For any kind of legal dispute related to EXPLORE YOUR CITY would be dealt with in only the territory of Raigad. All the legal issues are subjected only to pertinent contemporary laws in force at Delhi to the PEN jurisdiction of courts located in PEN City only.
Governing Law and Jurisdiction:
- This Agreement and any dispute or matter arising from incidental use EXPLORE YOUR CITY is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at PEN, MAHARASHTRA INDIA. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of EXPLORE YOUR CITY, contains the entire agreement between you and EXPLORE YOUR CITY regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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