TERMS AND CONDITIONS
1. GENERAL CONDITIONS
1.1 Scope and Definitions
1.1.1 The below mentioned General Conditions will apply to all the Subscribers/ Members for the Services provided by M/s BolsterBiz India LLP(“BolsterBiz”)
1.2 Defined Terms
1.2.1 “Leads” refers to the contact information of the plausible business connects/ entities/ enterprises/ persons who can be contacted to foster business.
1.2.2 “Service” refers to any products, services or applications offered by BolsterBiz through its website, as a one stop solution to the day to day requirements of the Member/ Users in relation to searching of appropriate business connections and cold leads.
1.2.3 “Subscribers/ Members” refers to a person/ entity who shall register with BolsterBiz through the Website with an intention to avail the Services provided by BolsterBiz
1.2.4 “Website” means http://www.bolsterbiz.com which is maintained or operated by BolsterBiz India LLP which offers similar services.
1.3 Acceptance of Conditions
1.3.1 The following conditions will be applicable to all the Subscribers/Members to the website. The Subscribers/Members signify their acceptance to these Conditions in full and agree to be bound by them. It is also agreed by the Subscribers/Members that no access to the Services will be permitted unless the Conditions are accepted in full. No Subscriber/ Member is entitled to accept part of the Conditions. If a Subscriber does not agree to the Conditions then such Subscriber/ Member shall not use the Services which are being provided by BolsterBiz on its website. Also, in order to use the Services, Subscribers/Members must be at least 18 years old and able to form legally binding contracts under applicable law.
1.4 Access and Interference
1.4.1 The members agree that they shall not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without prior expressed written permission from BolsterBiz. The members agree that they shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. The membersagree that they shall not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of BolsterBiz.
2. USE OF THE SERVICE
2.1 Member’s Account and Accuracy of Information
2.1.1 In order to use the Services, each Subscriber/ Member may create a Member Account and agree to provide required information requested by BolsterBiz.
2.1.2 Subscribers/Members agree and accept that all of the information provided by them to BolsterBiz while setting up their Member Account or at any other time, shall be true, proper, correct, complete and accurate in all respects. Subscribers/Members also agree and understand that BolsterBiz does not undertake any verification to confirm the accuracy of any information provided by the Subscribers/Members on the Site. BolsterBiz will not be liable to any Subscriber/ Member in the event, any information including payment details provided by Subscriber is false, incomplete, inaccurate, misleading or fraudulent.
2.1.3 The respective Member is responsible for safeguarding the password and email address provided to BolsterBiz for accessing the Services. The respective Member is responsible for all activities that occur under their respective account, and the Member hereby undertakes that any person using the Services with Member’s email address and password is either himself/herself or is authorized to act on her/his behalf. The Member agrees to immediately notify BolsterBiz of any unauthorized use of the account.
2.2.1 BolsterBiz website helps its users/ members to gain a competitive advantage by providing them with the business contact information which caters to the business needs of the respective Member. BolsterBiz, endeavours that the Member/ User must get in touch with relevant people across different industries which shall foster their respective business needs, inter-alia with its databases stocked with B2B targeted lists.
2.2.2 Unless specifically authorized in advance and in writing by BolsterBiz, The members will not share, sell, transfer or otherwise make the Data available to any third person or entity and Members will use their your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
2.2.3 BolsterBiz assumes no liability for non-conversion on any cold leads which are obtained by the Members/ Users from its website. The payments would not be refunded in the event cold leads are not converted by the Members/ Users. However, in the event, the emails obtained from BolsterBiz are bounced back then the Member may apply for refund for such leads.
2.2.4 The Members and Users undertake the following:
- That the Member will use the emails Data in accordance with all applicable Laws, including the CAN-SPAM Act, The EU General Data Protection Regulation (GDPR), the Telephone Consumer Protection Act, and any State Registry laws.
- That the Member acknowledges that certain Data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. The Members are responsible for subscribing to all applicable do-not-contact lists and every Member further agrees to comply with all such relevant Laws, including those relating to any such do-not-contact lists.
- The information obtained from the Website must not be used for transmitting any obscene commercial, FAKE advertising or promotional materials, including without limitation, “spam”.
- The information obtained from the Website must not be used to harass, offend, threaten, embarrass, or invade the privacy of any individual or entity.
3. Payments and Refunds
3.1 BolsterBiz accepts payments vide PayPal and via Wire transfers. The Members/Users shall be responsible for all kinds of fee, duties and taxes. Further, the Member/ Users shall also be additionally charged for any subsequent increase in rate of duties, taxes and fees.
3.2 In the event email obtained from the website is bounced back then the Member is required to provide the requisite details and can have its refund within a reasonable period of time.
4. LIMITATION OF LIABILITY
4.1 The information hosted on the website is provided on “as is” basis without any representations or warranties, express or implied by the BolsterBiz. Further, BolsterBiz makes no representations or warranties in relation to the data provided on the website. Without prejudice, to the generality of the foregoing paragraph, BolsterBiz does not warrant that the leads on the website will be constantly available, or available at all; and the information on the website is complete, true, accurate, up-to-date, or non-misleading. On becoming a Member with BolsterBiz i.e. accessing the website, Subscribers/Members acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or any other compensation of any kind whatsoever against the BolsterBiz and BolsterBiz's partners, that arise directly or indirectly with respect to Subscribers/Members use and/or reliance on the information including Email IDs provided on the Site.
4.2 BolsterBiz nor its affiliates, shall be liable to the Subscribers/Members for any incidental, consequential, special, indirect or exemplary damages arising out of its information hosted on its website, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BolsterBiz shall have no monetary liability to any Subscriber for any cause (regardless of the form of action) under or relating to this agreement.
5. EXCLUSION OF WARRANTIES
5.1 Subscribers/Members acknowledge and agree that BolsterBiz will be using the information provided on the website at Subscriber’s own risk and that BolsterBiz and the affiliates are in no way responsible, and provide no warranty (express or implied) and / or guaranty of any kind with respect to, the information provided therein.
5.2 The services and products are provided on an "as is" and "with all faults" basis and BolsterBiz and its suppliers expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. This disclaimer of warranties is an essential condition of the agreement.
6. GENERAL TERMS
6.1 Intellectual Property
6.1.1 Subscribers/Members acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trademarks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the BolsterBiz's website is owned by the Company or in some cases third parties. The Subscriber must not reproduce copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the BolsterBiz's Site except with the prior written consent of BolsterBiz.
6.2 Compliance with Law
6.2.1 BolsterBiz may disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request. In addition, BolsterBiz may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
6.3.1 BolsterBiz may update its Policies from time to time. BolsterBiz will notify you of any changes by posting the new Policy on this page. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
6.4 FORCE MAJEURE
6.4.1 Subscribers/Members agree and understand that BolsterBiz, BolsterBiz’s affiliates and Associates and Partner may not be able to perform their respective obligations in an event of Force Majeure and shall not be liable for any losses suffered by Subscribers/Members in the event of Force Majeure.
7.1 Subscribers/Members/Users hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions. The Parties shall endeavour to settle such disputes amicably through discussion within a period of 30 days from the date of notice by either party of the dispute. Failure to which shall lead to initiation of Arbitration proceedings as specified under the law of arbitration applicable in India, i.e. the Arbitration and Conciliation Act, 1996 (as amended or substituted) from time to time.
7.2 Notice for the Arbitration shall be served within 30 days of failure of parties to settle the dispute amicably through discussion. The dispute(s) shall be referred to a Sole Arbitrator. The venue of Arbitration shall be New Delhi, India and the proceedings shall be conducted in English language. Further, the notice served on the email ID of the Subscriber(s) shall be deemed to be considered as valid service of the notice.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by the laws of India in all material particular and each Party hereby submits to the exclusive jurisdiction of the Courts of Delhi.
9. Opt Out
9.1 In the event, any User/ Member desires that the Email ID should be removed from the database of BolsterBiz then the User/ Member is advised that he/ she must use the OPTOUT option available on the Website and request BolsterBiz to remove his/her email address from its server/ database.
10.1 In the event that any provision of this T&C is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the Parties from any relevant competent authority, the Parties shall amend that provision in such reasonable manner that achieves the intention of the parties without illegality or it may be severed from this T&C and the remaining provisions of this T&C shall remain in full force and effect.