Sugar Catalog - Terms And Conditions

ANEKANT PRAKASHAN represents SugarCatalog.com as well as Sugar Catalog Android & iOS App (Platform)

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 Sugar Catalog Platform, which promotes business between suppliers and buyers. It is an agreement between You as the user of the Platform and Anekant Prakashan. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Platform 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 Platform 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 Platform in any manner.

1.PLATFORM- MERELY A VENUE/PLATFORM

The Platform 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. ANEKANT PRAKASHAN is not responsible to any negotiations that take place between the User(s) of the Platform and is further not responsible to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Platform.

ANEKANT PRAKASHAN 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 Platform 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

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. Platform shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over ANEKANT PRAKASHAN’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 Platform. ANEKANT PRAKASHAN at its sole discretion reserves the right to refuse ANEKANT PRAKASHAN’s Services to anyone at any time. ANEKANT PRAKASHAN’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by ANEKANT PRAKASHAN.

2. AMENDMENT TO USER(S) AGREEMENT

ANEKANT PRAKASHAN 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 Platform. 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.

3. INTELLECTUAL PROPERTY RIGHTS

ANEKANT PRAKASHAN is the sole owner and the lawful licensee of all the rights to the Platform and its content .Platform Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Platform. The Platform 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 Platform and the Platform Content shall remain in ANEKANT PRAKASHAN, its affiliates or licensor’s of the Platform content, as the case may be.

Trademark

"Sugar Catalog” and related icons and logos are registered trademarks or trademarks or service marks of ANEKANT PRAKASHAN 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 Platform Content including Platform Information is copyrighted to ANEKANT PRAKASHAN excluding any third-party content and any links to any third-party Platforms being made available or contained on the Platform. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

ANEKANT PRAKASHAN 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 Platforms offered by such third parties ("Third Party Platforms"). ANEKANT PRAKASHAN advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Platforms prior to using or accessing such Third Party Platforms. Users acknowledge and agree that ANEKANT PRAKASHAN has no control over any content offered on Third Party Platforms, does not monitor such Third Party Platforms, 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.

4. TERMINATION

ANEKANT PRAKASHAN reserves the right to terminate access to certain areas or features of the Platform (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). ANEKANT PRAKASHAN 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 ANEKANT PRAKASHAN and/ or other User(s) of the Platform. ANEKANT PRAKASHAN further reserves the right to limit, deny or create different access to the Platform and its features with respect to different User(s), or to change any or all of the features of the Platform or introduce new features without any prior notice to User(s).

ANEKANT PRAKASHAN reserves the rights to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:

  1. If any false information in connection with their account registered with ANEKANT PRAKASHAN is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities.
  2. If such User(s) breaches any provisions of the Agreement.
  3. If such User(s) utilizes the Platform to send spam messages or publish the false information.
  4. If such User(s) impersonates or unlawfully uses another person’s or business entities name to post information or conduct business in any manner.
  5. If such User(s) is involved in unauthorized access, use, modification, or control of the Platform database, network or related services.
  6. If such User(s) obtains by any means another registered User(s) Username and/or Password.
  7. If any User(s) involves in such a transaction or activity which is fraudulent in nature.

If ANEKANT PRAKASHAN terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of ANEKANT PRAKASHAN, such person will not have the right to re-enroll or join the Platform under a new account or name unless invited to do so in writing by ANEKANT PRAKASHAN 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 Platform wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall ANEKANT PRAKASHAN be liable to any User(s) or any third parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform 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 Platform or any of its features.

5. REGISTERED USER(S)

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

User(s) can become registered User(s) by filling an on-line registration form on the Platform by providing the required information (including name, contact information, details of User(s) business, etc.). ANEKANT PRAKASHAN 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. ANEKANT PRAKASHAN may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited 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 Platform 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 ANEKANT PRAKASHAN 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 Platform, they consent to the inclusion of their personal data in ANEKANT PRAKASHAN’s on-line database and authorize ANEKANT PRAKASHAN to share such information with other User(s). ANEKANT PRAKASHAN may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. ANEKANT PRAKASHAN may suspend or terminate a registered membership at any time without any prior notification in interest of ANEKANT PRAKASHAN or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on ANEKANT PRAKASHAN of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Platform are in no manner a part of or affiliated to ANEKANT PRAKASHAN.

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

  1. Provide ANEKANT PRAKASHAN with true, accurate, current and complete information to be displayed on the Platform;
  2. Maintain and promptly amend all information provided on the Platform to keep it true, accurate, current and complete.

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 Platform or provided to the Platform or authorized by the User(s) for display on the Platform, 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 Platform, 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 ANEKANT PRAKASHAN Content and/or ANEKANT PRAKASHAN’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Platform 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 ANEKANT PRAKASHAN for display on the Platform or transmitted or sought to be transmitted through ANEKANT PRAKASHAN’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 Platform 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;

Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable 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 ANEKANT PRAKASHAN or its affiliates

ANEKANT PRAKASHAN reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in ANEKANT PRAKASHAN’s reasonable belief is unlawful or could subject ANEKANT PRAKASHAN to liability or in violation of the Agreement or is otherwise found inappropriate in ANEKANT PRAKASHAN's opinion. ANEKANT PRAKASHAN 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, ANEKANT PRAKASHAN reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by ANEKANT PRAKASHAN at its sole discretion. User(s) agree that ANEKANT PRAKASHAN shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event ANEKANT PRAKASHAN takes any of the actions mentioned in this provision.

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

6. INTERACTION BETWEEN USERS

ANEKANT PRAKASHAN provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. ANEKANT PRAKASHAN does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. ANEKANT PRAKASHAN 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 Platform 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 Platform. Platform uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s).

ANEKANT PRAKASHAN however, cannot and does not confirm each User(s)’s purported identity on the Platform. ANEKANT PRAKASHAN 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 Platform 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 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 Platform 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 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 Platform as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Platform may suffer harms and/or assert claims arising from their use of such products.

User(s) agree that ANEKANT PRAKASHAN 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 Platform , 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 ANEKANT PRAKASHAN (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.

Anekant Prakashan reserves the right to add/modify/discontinue any of the features offered on ANEKANT PRAKASHAN’s Services.

7. LIMITATION OF LIABILITY/DISCLAIMER

The features and services on the Platform are provided on an " as is " and " as available " basis, and ANEKANT PRAKASHAN 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. ANEKANT PRAKASHAN makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Platform. ANEKANT PRAKASHAN 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 Platform does not violate any Third Party Rights; and ANEKANT PRAKASHAN makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Any material downloaded or otherwise obtained through the Platform 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 Platform or through or from the Platform shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall ANEKANT PRAKASHAN be held liable for any delay or failure or disruption of the content or services delivered through the Platform 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 labor 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 ANEKANT PRAKASHAN, 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 Platform (including but not limited to the display of User(s) information on the Platform) 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 ANEKANT PRAKASHAN, 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 ANEKANT PRAKASHAN.

User(s) hereby further agree to indemnify and save ANEKANT PRAKASHAN, 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 Platform. User(s) hereby further agree that ANEKANT PRAKASHAN 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). ANEKANT PRAKASHAN 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 ANEKANT PRAKASHAN in asserting any available defenses.

ANEKANT PRAKASHAN 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, 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 Platform;

Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Platform;

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 Platform 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 Platform; or

Any matters relating to Premium Services however arising, including negligence.

8. NOTICES

All notices or demands to or upon ANEKANT PRAKASHAN shall be effective if in writing and shall be deemed to be duly made when sent to ANEKANT PRAKASHAN to Anekant Prakashan, Shradha Sankul, 6th Lane, opp IDBI bank, Jaysingpur, Dist. Kolhapur, State: Maharashtra , India 416101

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 Platform, or by posting such notice or demand on an area of the Platform 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 Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible without charge.

9. GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. ANEKANT PRAKASHAN considers itself and intends itself to be subject to the jurisdiction of the Courts of Kolhapur, Maharashtra, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Kolhapur, Maharashtra, India.

10. 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.

ANEKANT PRAKASHAN’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 ANEKANT PRAKASHAN’s waiver of that right or ANEKANT PRAKASHAN's waiver of the right to act with respect with subsequent or similar breaches.

ANEKANT PRAKASHAN shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating ANEKANT PRAKASHAN’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 Anekant Prakashan are completely confidential if its necessary. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Anekant Prakashan may be monitored and recorded.

The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and ANEKANT PRAKASHAN with respect to access to and use of the Platform, superseding any prior written or oral agreements in relation to the same subject matter herein