THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE PLATFORM

1. GENERAL CONDITIONS

The website by the domain name “www.viztaar.com” and the mobile application “Viztaar” (hereinafter collectively referred to as the “Platform”) are owned and managed by S. S. Polymers Impex Private Limited, a company duly registered under the provisions of the Indian Companies Act, 1956 having its registered office at 8E1 & 8E2, Big Jos Tower, Plot No A-8, Netaji Subhash Place, Pitampura, Delhi-110034 (hereinafter referred to as “VIZTAAR”).

The following demonstrates terms and conditions of use (hereinafter referred to as an “Agreement”), applicable to your use of the Platform and to avail services as provided by VIZTAAR on its Platform from time to time” (hereinafter collectively referred to as ” VIZTAAR Services”). This is an Agreement between you as the user(s) of the VIZTAAR Services (the “User(s)”) and VIZTAAR. User(s) are required to read and accept this Agreement and the Company’s Privacy Policy, before User(s) may use the VIZTAAR Services. By visiting/accessing/ downloading/using the Platform, we understand that you have fully read, understood and accepted this Agreement. In addition, when you use any current or future version of the Platform or avail any of the VIZTAAR Services or by clicking “I Agree” on the Platform, it will constitute a symbol of your signature, You hereby acknowledge and admit that you have read, understood and agreed to this Agreement, as may be modified by the VIZTAAR from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Platform. The term “we”, “us”, “our” shall mean VIZTAAR and the term “you”, “your”, “user”, “member” shall mean User(s).

2. SCOPE OF VIZTAAR SERVICES
   
   • Through the Platform, VIZTAAR provides VIZTAAR SERVICES including but not limited to (i) providing an online venue for its members to negotiate/ interact for buying various goods and services listed on the Platform and increase their profitability by providing third party’s goods and services at competitive prices and enabling its members to increase business efficiencies; (ii) collecting User information; (iii) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and (iv) any specialty or additional services as VIZTAAR may offer to users from time to time.
   • VIZTAAR merely provides an online venue however, VIZTAAR is not manufacturing/producing/designing the products and/or services purchased by the User(s) via the Platform or neither does give any warranty and representation about the authenticity and quality of the product/service. All transactions shall be the responsibility of the members only. This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between VIZTAAR and other party.

To the extent you access the VIZTAAR Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the VIZTAAR Services, you agree that we may communicate with you regarding VIZTAAR Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the VIZTAAR Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of VIZTAAR and VIZTAAR owes no responsibility to provide you any information regarding such change.

    3. PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS

• • Subject to the terms and conditions stated in this Agreement, you may access and use the Platform and any software that may be made available by VIZTAAR in connection with the VIZTAAR Services or any mobile application(s) (future or present) (collectively referred to as the “Software”) and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that VIZTAAR, in its discretion, at any time during the use of the Platform may not provide any part of the VIZTAAR Services. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to VIZTAAR. You shall comply with all notices, codes of conduct and policies of the VIZTAAR published in connection with the VIZTAAR Service, and you shall promptly notify VIZTAAR if you become aware of a security breach or a potential security breach related to the Platform.
  • VIZTAAR reserves the right at all times to discontinue or modify any portion of this Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our terms and conditions from time to time in order that you stay informed as to any such changes. If we make changes to our terms and conditions and you continue to use the Platform, you are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the VIZTAAR’s posting thereof. Any use of the Platform by you after such notice shall be deemed to constitute acceptance by you of such modifications. This Agreement, as modified or amended from time to time, is a binding contract between VIZTAAR and you. If you visit, use, or use VIZTAAR Services through the Platform, you accept this Agreement.
  • The Platform is freely accessible to the User however; the User will have to register with www.viztaar.com and create their account prior to availing VIZTAAR Services. If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to this Agreement (constituting a legal and binding 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 VIZTAAR 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. Our services are available only to those members who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law i.e. user(s) must be at least 18 years of age to be eligible to use our services. VIZTAAR advises its User(s) that while accessing the VIZTAAR Services, they must follow/abide by the related laws. VIZTAAR may, in its sole discretion, refuse any part of the VIZTAAR Services to anyone at any time.
  • This Agreement applies to User(s) if User(s) are visitors, registered – free or paid user(s) who access the Platform and avail VIZTAAR Services online or otherwise (including through mobile application) for any purpose in accordance with this Agreement along with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

4. INTELLECTUAL PROPERTY RIGHTS

VIZTAAR is the sole owner or lawful licensee of all the rights to the VIZTAAR’s Intellectual Property. VIZTAAR’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The VIZTAAR’s content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights used in the VIZTAAR Services and its content shall remain with VIZTAAR, its affiliates at all times or licensor’s of VIZTAAR’s content, as the case may be.

All rights not otherwise claimed under this agreement or by VIZTAAR, are hereby reserved. The information provided in VIZTAAR Services is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. VIZTAAR does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from VIZTAAR website or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information in VIZTAAR Services is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall VIZTAAR be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this VIZTAAR Services must hereby acknowledge that any reliance upon any content shall be at their sole risk.

VIZTAAR reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.

VIZTAAR is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace or otherwise – who post numerous trade leads for items on the VIZTAAR website or otherwise – have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. VIZTAAR is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, VIZTAAR is not endorsing a claim of infringement. Neither, in those instances in which VIZTAAR declines to take down a listing, is VIZTAAR determining that the listing is not infringing, nor is VIZTAAR endorsing the sale of goods in such cases.

VIZTAAR respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the VIZTAAR website (the “VIZTAAR content”) for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with VIZTAAR, or otherwise commercially exploiting the VIZTAAR content. Systematic retrieval of VIZTAAR content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from VIZTAAR is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of VIZTAAR’s services, you agree that you will not use the VIZTAAR Services to infringe the intellectual property rights of others in any way. VIZTAAR reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the VIZTAAR service, or if VIZTAAR believes that user(s) conduct is harmful to the interests of VIZTAAR, its affiliates, or other users, or for any other reason in VIZTAAR’s sole discretion, with or without cause.

5. LINKS TO THIRD PARTY WEBSITES

Links to third party website are provided by VIZTAAR as a convenience to user(s) and VIZTAAR has not have any control over such websites i.e. content and resources provided by them.

VIZTAAR may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party’s Services. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using such Websites in order to be aware of the terms and conditions of your use of such websites. VIZTAAR believes that user(s) acknowledge that VIZTAAR has no control over such third party’s website, does not monitor such Websites, and VIZTAAR shall not be responsible or liable to anyone for such third party Website, or any content, products or services made available on such a website

Users can have their catalog built & hosted on VIZTAAR website by paying a fee as per the plan.

6. TERMINATION

Most content and some of the features of the VIZTAAR Services are made available to visitors free of charge. However, VIZTAAR reserves the right to terminate access to certain areas or features of the VIZTAAR Services (to paying or registered users) at any time for any reason, with or without notice. VIZTAAR also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of VIZTAAR and/or other visitors. VIZTAAR reserves the right to limit, deny or create different access to the VIZTAAR Services and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

VIZTAAR withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:

(a) If it concludes that the user(s) have provided any false information in connection with the member account to VIZTAAR, or are engaged in fraudulent or illegal activities.

(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of VIZTAAR Services.

(c) Utilize VIZTAAR Services to send spam messages or repeatedly publish the same product information.

(d) Post any material to members that are not related to trade or business cooperation.

(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form

(f) Any unauthorized access, use, modification, or control of the VIZTAAR Services data base, network or related services.

If VIZTAAR terminates user(s) membership, user(s) will not have the right to re-enroll or join VIZTAAR under a new account or name unless formally invited to do so by VIZTAAR. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the VIZTAAR Services wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the VIZTAAR Services be liable to the user(s) or any third parties for any inability to use the VIZTAAR Services (whether due to disruption, limited access, changes to or termination of any features on the VIZTAAR Services 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 VIZTAAR Services or any of its features.

7. REGISTERED USER(S)

To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily register themselves as VIZTAAR user.

User(s) can become a Registered User(s) by filling an on-line registration form on the VIZTAAR website by giving desired information (name, contact information, details of its business, etc.). VIZTAAR will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or 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 VIZTAAR 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 on-line database and authorize VIZTAAR to share such information with other user(s). VIZTAAR may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. VIZTAAR Services may suspend or terminate a registered membership at any time without any prior notification in interest of VIZTAAR or general interest of its visitors/other members without giving any reason thereof. Registered User is not a part or affiliate of VIZTAAR in any way.

By becoming a Registered User, you consent to be contacted by VIZTAAR through phone calls, SMS notifications or any other means of communication, in respect to the services provided by VIZTAAR.

8. DATA PROTECTION

Personal information supplied by user(s) during the use of VIZTAAR Services is governed by our privacy policy.

9. POSTING YOUR CONTENT ON VIZTAAR WEBSITES AND MOBILE APP (IPR)

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

VIZTAAR in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither VIZTAAR nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the VIZTAAR website. Any Third Party content is the sole responsibility of the party who has provided the content. VIZTAAR is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, VIZTAAR is not responsible for the conduct of user(s) activities on the VIZTAAR website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user’s conduct.

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

(a) provide VIZTAAR with true, accurate, current and complete information to be displayed on the VIZTAAR Website and

(b) maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to VIZTAAR to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the VIZTAAR website, 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 VIZTAAR Website (hereafter referred to as “Third Party Rights”).

User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the VIZTAAR Website or provide to VIZTAAR or authorize VIZTAAR 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. 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 VIZTAAR Services, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) hereby represent, warrant and agree that information submitted to VIZTAAR for display on the VIZTAAR website will not:

1. 1. 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;
   2. Be part of a scheme to defraud other User(s) of the VIZTAAR website or for any other unlawful purpose;
   3. 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;
   4. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
   5. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
   6. 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;
   7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
   8. 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;
   9. Solicit business from any User(s) in connection with a commercial activity that competes with VIZTAAR;
   10. 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;
   11. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
   12. Otherwise create any liability for VIZTAAR or its affiliates.

VIZTAAR reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the VIZTAAR Services which it reasonably believes is unlawful, could subject VIZTAAR to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in VIZTAAR’s opinion. VIZTAAR 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, VIZTAAR may suspend or terminate the Account of any User as VIZTAAR Website deems appropriate in its sole discretion. User(s) agree that VIZTAAR Services shall have no liability to any User(s), including no liability for consequential or any other damages, in the event VIZTAAR takes any of the actions mentioned in this Section, and that you agree to bear the risk that VIZTAAR may take such actions.

VIZTAAR acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the VIZTAAR Website. VIZTAAR do not have any role in developing the content.

10. INTERACTION BETWEEN USERS

VIZTAAR provides a platform for exchanging information between buyers and suppliers of products and services. VIZTAAR Services does not represent the seller or the buyer in any transactions. VIZTAAR 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 by VIZTAAR 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 pretenses. VIZTAAR cannot and does not confirm each user(s) purported identity.

User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the VIZTAAR Services to conduct transactions, and that user(s) fully assume 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 VIZTAAR Services.

Such risks shall include, but are not limited to, mis-representation 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 mis-calculations, 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 may violate or may be asserted to violate Third Party Rights, and the risk that you 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 product originally obtained by user(s) of the VIZTAAR Services as a result of purchase and sale transactions in connection with using the VIZTAAR Services 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”.

User(s) agree that VIZTAAR 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 the VIZTAAR Services. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify VIZTAAR (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. User(s) may use the content/features on VIZTAAR Services solely for their personal or internal purposes. User(s) agree that they will not use VIZTAAR database and/or services to send 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, as a Registered User, user(s) will 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.

VIZTAAR reserves the right to add/modify/discontinue any of the features offered with a service.

11. LIMITATION OF LIABILITY/DISCLAIMER

The features of the VIZTAAR Services are provided on an “as is” and “as available” basis, and VIZTAAR 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. VIZTAAR makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the VIZTAAR Services. VIZTAAR 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 VIZTAAR Services does not violate any third party rights; and VIZTAAR makes no representations or warranties of any kind concerning any product or service offered or displayed on the VIZTAAR Services. Any material downloaded or otherwise obtained through the VIZTAAR Services is done at your sole discretion and risk and you are solely responsible for any damage to your 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 you from VIZTAAR Services or through or from the VIZTAAR Services shall create any warranty not expressly stated herein.

Under no circumstances shall VIZTAAR Services be held liable for an delay or failure or disruption of the content or services delivered through the VIZTAAR Services 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, 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 VIZTAAR, 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 your use of the VIZTAAR Services (including but not limited to the display of your information on the VIZTAAR Website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save VIZTAAR, 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 your breach of any representations and warranties made by you to VIZTAAR.

User(s) hereby further agree to indemnify and save VIZTAAR, 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 VIZTAAR Website of otherwise. User(s) hereby further agree that VIZTAAR 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 you. VIZTAAR 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 VIZTAAR in asserting any available defenses.

VIZTAAR 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.

12. NOTICES

All notices or demands to or upon VIZTAAR shall be effective if in writing and shall be duly made when sent to VIZTAAR in the following manner: to S. S. Polymers Impex Pvt. Ltd., 8E1 & 8E2, Big Jos Tower, Plot No A-8, Netaji Subhash Place, Pitampura, Delhi-110034, India.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to VIZTAAR, or by posting such notice or demand on an area of the VIZTAAR Website.

Notice to a User(s) shall be deemed to be received by such User(s) if and when VIZTAAR is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon VIZTAAR’s posting such notice on an area of the VIZTAAR website.

13. GOVERNING LAW AND DISPUTE RESOLUTIONS

Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory. VIZTAAR considers itself and intended to be subject to the jurisdiction only of the Courts of New Delhi, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi, India.

14. MISCELLANEOUS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

VIZTAAR’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives VIZTAAR’s right to act with respect with subsequent or similar breaches.

VIZTAAR shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.

If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

All calls to VIZTAAR are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from VIZTAAR may be monitored and recorded.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and VIZTAAR with respect to access to and use of the VIZTAAR Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

CONTACT US

Grievance Officer:
info@viztaar.com
S. S. Polymers Impex Pvt. Ltd.
8E1 & 8E2, Big Jos Tower, Plot No A-8
Netaji Subhash Place, Pitampura, Delhi-110034