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Terms & Conditions

This website/app, “PASHUBOLI”, (hereinafter referred to as “PASHUBOLI”) is owned, hosted and operated by Pashuboli Technologies Pvt Ltd. (name of the company) (hereinafter referred to as), a company incorporated in India under the Companies Act, 1956 and having its registered office at JMK Towers, Rajokri Flyover, NH-8, New Delhi - 110037 These terms and conditions regulating use of these Services constitute a legally binding agreement between “PASHUBOLI” and the User (the “Agreement”).

“PASHUBOLI” and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING “PASHUBOLI”, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE “PASHUBOLI”. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT at Info@pashuboli.com.

“PASHUBOLI” may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on “PASHUBOLI”. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of “PASHUBOLI”, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time.

“PASHUBOLI” may also suspend the operation of “PASHUBOLI” for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize “PASHUBOLI” in a manner inconsistent with these terms and conditions, “PASHUBOLI” may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of “PASHUBOLI” (whether on a paid or free basis), and to whom the access to “PASHUBOLI” is restricted by the use of a sign in user name and a password. The user name and password are either allotted by “PASHUBOLI” or chosen by the Subscriber or agreed upon by “PASHUBOLI”. It is made abundantly clear that only the authorized User has the right to access the Services so offered by “PASHUBOLI”.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by “PASHUBOLI”, without the need or a requirement to create an account i.e. visits non-restricted portions of “PASHUBOLI”. The use and access to “PASHUBOLI” shall be subject to these terms and conditions. For the purposes of this Agreement, 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 user' and will nevertheless be subject to the terms and conditions regulating the usage of “PASHUBOLI”, and expressly so with respect to respecting the intellectual property rights of the “PASHUBOLI”, and abiding by terms and conditions below mentioned.

The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)/Cattle Trader(s)/ Doctor(s)/ CSR Panel/ Member(s)/ Club Farmer(s) etc.
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by “PASHUBOLI” on the internet through which the user/ trader/ doctor/CSR/club farmer etc may access information carried by “PASHUBOLI” in the database maintained by it. The terms would also include to mean the search tools through which the user/ trader/ doctor/CSR/club farmer etc can search through the hosted databases and information using a number of search tools that are present with a selection matching their search/upload criteria. The term would also include services by way of space used by user/ trader/ doctor/CSR/club farmer etc, if any for listings and information. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to “PASHUBOLI” acting as an agent either express or implied on behalf of any user/ trader/ doctor/CSR/club farmer etc and is merely acting as a medium of information exchange.

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

Any user/ trader/ doctor/CSR/club farmer etc agree not to submit any details/livestock descriptions, photographs, financial, contact or other information contained in each person’s data to “PASHUBOLI” unless the user/ trader/ doctor/CSR/club farmer etc submitting such a Listing has acquired received all necessary rights and authorizations from the owner of such description or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and describe the said detail (s) on the User's website or on “PASHUBOLI”. Similarly, “PASHUBOLI” doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to details hosted on its website by its user/ trader/ doctor/CSR/club farmer etc, which are strictly in the nature of services provided by “PASHUBOLI” & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings except the specified details which are claimed by the “PASHUBOLI” to be duly verified through its mechanism. The user/ trader/ doctor/CSR/club farmer etc, shall disclose all material information in respect of their registrations and all such details submitted including the present status and nature of such details and shall also disclose all aspects connected and incidental thereto. The User in addition shall furnish a brief background of such details in respect of title, ownership and breed, PASHUBOLI may also require the User to support his/her claims with respect to the status of the details with such evidences as may be specified by it from time to time. The User may further be required to substantiate his claims/offers/details as to the nature and status of the same by swearing an affidavit stating the authenticity of the information/data so provided/displayed/submitted. PASHUBOLI may, at its sole discretion but without any obligation to, search for such and remove details that are alleged to have been submitted in violation of this provision. In addition, PASHUBOLI may require additional evidence of compliance with this provision from Users who are alleged to have submitted such details or other information/data in violation of these terms and conditions. PASHUBOLI will, in its sole discretion, terminate the accounts of, and refuse Service to, any user/ trader/ doctor/CSR/club farmer etc, who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the details listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the “PASHUBOLI” website/app. “PASHUBOLI” shall have the sole authority to choose the manner in which any details will be searched, displayed, accessed, downloaded, copied, and otherwise used on “PASHUBOLI” and “PASHUBOLI” shall have the right to modify the details listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees

(a) to represent and warrant that all details and associated information provided by the user/ trader/ doctor/CSR/club farmer etc, will be accurate;
(b) that the user/ trader/ doctor/CSR/club farmer etc, will not permit the posting of details on “PASHUBOLI” under a name other than the name of a real user/ trader/ doctor/CSR/club farmer etc, who has been duly authorized and registered by the PASHUBOLI, in this regard;
“PASHUBOLI” shall place the information relating to such details under defined service scope of “PASHUBOLI” or such other mirror or parallel site(s). “PASHUBOLI” reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the details posted on the “PASHUBOLI” without notice. “PASHUBOLI” accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the user/ trader/ doctor/CSR/club farmer etc, except the one which has been duly verified by its own mechanism and certified to be so accordingly. While “PASHUBOLI” shall take all reasonable efforts for data backup and business resumption, the user/ trader/ doctor/CSR/club farmer etc, will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to “PASHUBOLI”.
Users, who are trading/buying/service etc under the service scope of the app, through “PASHUBOLI”, must verify the details as well as its right, title, ownership, physical condition, sickness if any, etc. on their own.

USE OF INFORMATION

User/ trader/ doctor/CSR/club farmer etc, agrees to treat all information obtained from the Service, including listings, proposed trading details, medical related details, CSR, club farming and any information otherwise made available to User in the Service ("Content") as proprietary to “PASHUBOLI” (all services/information provided by PASHUBOLI). User agrees that content reserved for members will be maintained as confidential and shall be protected as a trade secret of “PASHUBOLI”. “PASHUBOLI” does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the details in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/details Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trade-marks and Service marks ("Marks") appearing in “PASHUBOLI” are the properties either owned or used under license by “PASHUBOLI” and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with “PASHUBOLI”/ its associates, as the case may be. The access to “PASHUBOLI” does not confer upon the User (in any form) any license or right to use in respect of 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 offence under the prevailing laws of India. “PASHUBOLI” respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. “PASHUBOLI” shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using “PASHUBOLI” as a platform to infringe the Intellectual Property Rights of others, “PASHUBOLI” will be free to terminate this Agreement forthwith without any notice to the user. By allowing Users to access “PASHUBOLI”, “PASHUBOLI” grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:

  • Utilize the Services offered by “PASHUBOLI” in any manner so as to impair the interests and functioning of “PASHUBOLI” and which is in non-compliance of the existing laws, terms and conditions mentioned herein, and the laws and regulations connected thereto and incidental thereof.
  • Access data not intended for you or log into server or account that you are not authorized to access;
  • Attempt to probe, scan or test the vulnerability of a system or network;
  • Attempt or breach security or authentication measures without proper authorization;
  • Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to “PASHUBOLI”, overloading, Flooding, mail bombing or crashing;
  • Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in “PASHUBOLI” except as permitted;
  • Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on “PASHUBOLI” to any other system. No reproduction of any part of “PASHUBOLI” may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or “PASHUBOLI”, whether in hard copy or electronic format, including postings to any other “PASHUBOLI”; or
  • Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from “PASHUBOLI” or link to “PASHUBOLI”, without our express written consent.

The user shall not utilise the Services offered by “PASHUBOLI” in any manner so as to impair the interests and functioning of “PASHUBOLI”/”PASHUBOLI”. The user undertakes not to duplicate, download publish, modify and distribute material on “PASHUBOLI” unless specifically authorized by “PASHUBOLI” in this regard. The user undertakes not to establish any deep link or other connection to any specific page of “PASHUBOLI” other than the Home Page without obtaining prior consent of “PASHUBOLI”. “PASHUBOLI” strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
Users undertake that the Services offered by “PASHUBOLI” shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. “PASHUBOLI” is not obligated to but reserves the right to filter and monitor and block the emails sent by user using the servers to maintained by “PASHUBOLI” to relay emails. All attempts shall be made by “PASHUBOLI” and the user to abide by International Best Practices in containing and eliminating Spam.

The User / subscriber / visitor to “PASHUBOLI” or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD PARTY WEB SITES

“PASHUBOLI” may provide links to other third-party World Wide Web sites or resources. “PASHUBOLI” makes no representations whatsoever about any other Web site you may access through “PASHUBOLI”.

DISCLAIMER AND WARRANTIES

“PASHUBOLI” is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF “PASHUBOLI” IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
“PASHUBOLI” AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE/APP, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION (WHICH ARE DULY VERIFIED BY PASHUBOLI THROUGH ITS MECHANISM ONLY), FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF “PASHUBOLI”.
Views expressed by the Users are their own, “PASHUBOLI” does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site/app is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website/app, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services and other related information/ details listed on the website/app. “PASHUBOLI” does not warrant that the access to website/app will be uninterrupted or error-free or that defects in website/app will be corrected.
“PASHUBOLI” offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the details are submitted for display.
No information contained herein shall constitute an invitation or an offer to act upon in “PASHUBOLI” or any of its Affiliates. Further, nothing contained in “PASHUBOLI” should be construed as a recommendation to use any services, product, process, equipment or formulation, in conflict with any patent, or otherwise and “PASHUBOLI” makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
“PASHUBOLI” is controlled and operated from India and “PASHUBOLI” makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use “PASHUBOLI” from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
“PASHUBOLI” offers products, Services, content and various other functionalities through “PASHUBOLI” and its affiliate sites to specific regions in India. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. “PASHUBOLI” does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on “PASHUBOLI” may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that “PASHUBOLI” intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY

“PASHUBOLI” will not be liable for any damages of any kind arising out of or relating to the use or the inability to use “PASHUBOLI”, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

“PASHUBOLI” assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. “PASHUBOLI” shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of “PASHUBOLI” (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon “PASHUBOLI”.

TERMINATION

“PASHUBOLI” may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to “PASHUBOLI” (or any part thereof) for any reason, including, without limitation, that “PASHUBOLI” based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on “PASHUBOLI” may violate copyright laws, trademark laws, the laws of privacy and publicity, competition laws, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, “PASHUBOLI” and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of “PASHUBOLI” material or your breach of these terms and conditions or any applicable law.
“PASHUBOLI” will not be party to any legal proceedings between parties contracted through these Services. In case “PASHUBOLI” is sought to implicated in any legal proceedings, costs will be recovered from the party that names “PASHUBOLI” as a party to such proceedings. “PASHUBOLI” shall abide with any court order served on it through due process.

PRIVACY POLICY

The user of “PASHUBOLI” is subject to “PASHUBOLI” Privacy Policy as formulated and uploaded on its website/app in this reference.

ARBITRATION

If any dispute arises between a user/users and “PASHUBOLI” arising out of use of the website/app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified/appointed by “PASHUBOLI”. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi NCR. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and “PASHUBOLI” governs your use of “PASHUBOLI”. If any provision of these “PASHUBOLI” terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

WAIVER

The failure of “PASHUBOLI” to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

GOVERNING LAW

By accessing “PASHUBOLI” you agree that the laws prevailing in India shall be the governing laws in all matters relating to “PASHUBOLI” as well as these terms and conditions.

JURISDICTION

Courts at NCR New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to “PASHUBOLI” and these terms and conditions, irrespective of the territory and jurisdiction of your access to “PASHUBOLI”.
“PASHUBOLI” does not routinely monitor your postings to the web site but reserves the right to do so. However, if “PASHUBOLI” becomes aware of an inappropriate use of “PASHUBOLI” or any of its Services, “PASHUBOLI” will respond in any way that, in its sole discretion, “PASHUBOLI” deems appropriate. You acknowledge that “PASHUBOLI” will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, “PASHUBOLI” will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
“PASHUBOLI” reserves all other rights.

VIOLATIONS

Please report any violations of these terms and conditions to “PASHUBOLI” at info@pashuboli.com.

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