Updated on: 10th July 2020
Scope of this Agreement
1.1 About FAIITA GlobalLinker
FAIITA GlobalLinker– a business networking solution, aims to help small and medium businesses in making their business growth simple
Many modules and features are brought together in a single experience
Welcome to FAIITA GlobalLinker, a global business network, operated and owned by DigiVation Digital Solutions Private Limited, a company incorporated and registered in India (“DigiVation”), and offered by The Federation of All India IT Association (“FAIITA”) to small and medium enterprises (SME) and to those owning, managing and/or employed with such SMEs. FAIITA GlobalLinker provides access to a wide range of modules and features, supported by expert and community interaction, and helps, among other things, find work/business opportunities, strike deals, learn new concepts, and exchange ideas. FAIITA GlobalLinker may be used by SME owners and employees in India (and to a limited extent, initially, by those outside India).
1.2 FAIITA GlobalLinker's Scope of Services
What you may expect from the services, features and capabilities offered by FAIITA GlobalLinker as a bouquet of SME relevant services in a single place
FAIITA GlobalLinker consists of several modules and features and presents special offers on product(s) and/or service(s) (via “Biz Offers”) from select Affiliate Partners (“Affiliate Services”) . Together, these modules, features and Biz Offers create the services (“Services”).
FAIITA GlobalLinker also contains information, data, applications, graphics, editorial and other content accessible by any Internet user, and graphic files, audio files, video files, information, data, editorial, and other material accessible only to those who become Members. To the extent you have access to FAIITA GlobalLinker or are using a Service without having completed the Sign-Up process, you are hereby notified that your continued use of the Service is subject to the terms and conditions of this Agreement. The Service also includes but is not limited to free business tools, including small business network, private e-mail, chat, job postings, message boards, articles, discussions and groups (collectively, the "Content"). By signing up for FAIITA GlobalLinker, you will become a ‘Member’ of FAIITA GlobalLinker and your Account will be created.
As a Member of FAIITA GlobalLinker, you will also be part of a Global community, as FAIITA GlobalLinker reaches out to more Members including those signing up to solutions within and outside FAIITA GlobalLinker. This will help expand your interaction options and help create increased value to you as a FAIITA GlobalLinker Member.
1.3 Scope of this Agreement
Our offerings may encompass several services and communication mediums
Using these mediums and services you agree to abide by the terms mentioned for each service.
You agree that by using FAIITA GlobalLinker, including our mobile applications*, developer platform*, premium services*, or any other content/information provided as part of the Services (*as and when available), you are entering into a legally binding Agreement with DigiVation and you agree to be bound by the terms of this Agreement. You acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
Using FAIITA GlobalLinker by companies directly or indirectly competing with FAIITA and its partners for the purpose of learning and understanding FAIITA GlobalLinker with intent to produce same or similar solutions and outputs is also not permitted. FAIITA, its partners and DigiVation can be liable to force-close your account and/or take legal action. Any use of FAIITA GlobalLinker, to solicit/sell products and services that are the same or similar to products and services offered on FAIITA GlobalLinker by FAIITA and/or affiliate partners within Biz Offers or as a part of any module, is not permitted. FAIITA GlobalLinker reserves the right to remove such offers or messages made using any communication tool on FAIITA GlobalLinker and/or advise such Company(ies) and/or Member(s) to refrain from making such offers in any form. Repeated attempts to breach these terms may lead to closure of memberships of such accounts. This, however, does not apply to cases of non-solicitation where an interested Company(ies) and/or Member(s) may have contacted the member in question without any solicitation effort.
This Agreement is applicable to all the Services available on FAIITA GlobalLinker. In addition to this Agreement, and depending on the Services opted for or products purchased or special promotions or offers availed by you, you accept further terms and conditions of service (“TOS”) for each such Service, if any, which may be updated or modified by FAIITA GlobalLinker from time to time. These TOS can be found in the page of FAIITA GlobalLinker where you will avail of any Service(s) or offer or purchase a product or participate/register for special promotions. You agree to abide by such TOS, including payment of amount when due and comply with all rules and restrictions regarding the availability of products and/or services or offer set out therein. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. For avoidance of doubts, it is clarified that availing of the Services by the Member constitutes an acknowledgement and acceptance by the Member of this Agreement and the TOS.
2 Key Terms
Any user who navigates and uses FAIITA GlobalLinker A user may or may not be signed up with (or have created an Account on) FAIITA GlobalLinker. A user may use the modules, features, services and content available on the pre-login site of FAIITA GlobalLinker.
A registered User with FAIITA GlobalLinker A Member is a user who has signed up with FAIITA GlobalLinker; confirmed the email id used as User ID directly or via third party sign ups.
A Member who is either inactive or ceases to be associated with a Company may continue to remain a Member so long as his/her user Account is not closed. When a user Account is closed (self-initiated or by FAIITA GlobalLinker), such user ceases to remain a Member.
2.3 Your Company Network
Your Company Network on FAIITA GlobalLinker comprises of employees of your Company who have signed up for FAIITA GlobalLinker and joined your Company Account
FAIITA GlobalLinker creates a network of Companies with Members associated with it. Company Admin signing up and creating Company Profile agree to provide a true representation of the Company and that the Company is a valid and registered association formed to carry on a legal/legally recognized business. By joining or creating or registering a Company Account on FAIITA GlobalLinker, you confirm that you are truly part of the said Company. All members must use the Company network and its features/tools to communicate only for official/work related activities, using appropriate language to communicate with every member within their Company Network and outside their Company Network. Every member is also responsible for all actions performed on behalf of the Company in connection with communications with other Companies and Members. The company admin reserves the right to 'remove' any member who does not adhere to the above and/or is not a part of the company and has joined the company network. Company Admin (see definition in 2.4 below) should create a unique Company Account, and avoid creation of duplicate Company Accounts.
2.4 Company Administrator (Company Admin)
To maintain smooth conduct of Company activities and managing critical requests, the Company Admin plays a critical role in the Company Network, and is responsible for maintaining and managing the Company Profile, Members and other activities. If you are the first employee of your Company to become a Member, you will be designated “Administrator” (Company Admin) of the Company Account on FAIITA GlobalLinker. Any additional employees from your Company will be “provisionally approved” as Members you will be notified of any new employee joining and action on your company network via 'Manage Company Network' in your settings. You will be notified of any new employees joining and action on your employee network via 'My Company Network' in your settings.
You may transfer/reassign your “Administrator” (Admin) rights to another Member, who is also an employee of your Company. Your Company Account on FAIITA GlobalLinker will be managed by the Company Admin, either self-appointed (on signing up as the first employee of the said Company) or via ‘rights’ transfer, who will be an employee of your Company. The Company Admin, in addition to Member activities and responsibilities, shall conduct activities so the Company and its Members enjoy benefits and services, update and maintain activities and information, will and must be an active member in the Company Account. By being a Company Admin, you agree that you take responsibility of all actions and activities conducted by you on behalf of your Company. As a Company Admin, you are also responsible to ensure correctness of information provided by you or your Company Member in the Company Profile section. As a Member of your Company Account, if you feel that the Company Admin is not acting in the interest of your Company or is inactive, you may contact FAIITA GlobalLinker at firstname.lastname@example.org. We at our discretion and on proofs made available may accordingly take action to transfer rights/restrict/remove/close the said Member Account on FAIITA GlobalLinker.
2.5 eBusiness Cards (eBiz Cards)
eBiz Cards facilitate networking among Members and Companies on FAIITA GlobalLinker
While creating your Account, eBusiness Cards (“eBiz Cards”) will be created for your Company (if you are a first time “Administrator” of your Company Account) and for you as a Member. This is a primary form of identification and networking on FAIITA GlobalLinker. Such eBiz Cards and profiles (Company and individual employee Member) are displayed within templates created to aid interaction, networking and promotion of business services between Members of FAIITA GlobalLinker.
The information provided in Company and/or Member eBiz cards is the sole responsibility of the Company Admin and Member respectively. FAIITA GlobalLinker, DigiVation or FAIITA are not responsible or liable with respect to the accuracy or representation of information provided in Company and/or Member eBiz cards.
VIRTUAL ELECTRONIC BUSINESS CARD NETWORKING is the exclusive property of DigiVation Digital Solutions Pvt. Ltd., registered under the US Patents Act.
2.6 Affiliate Partners
Companies who will offer their Products and or Services on special terms to Members and Companies on FAIITA GlobalLinker FAIITA GlobalLinker’s Affiliate Partners may offer, from time to time, an array of SME relevant products and/or services to Members and Companies. Such services may be either exclusive or customized or specially created for FAIITA GlobalLinker Members or Companies and in certain cases may merely offer the convenience of access on FAIITA GlobalLinker. Affiliate Partner products/services and/or offers may be viewed under the Biz Offers section of FAIITA GlobalLinker and at other places too and may be captioned as appropriate and may include the words “Powered by” preceding the name and or logo of such Affiliate Partners. The engagement of Affiliate Partners and their ongoing management and conduct is solely governed by Agreements and terms agreed between such Affiliate Partners and DigiVation and these terms and consequently, their presence and services on FAIITA GlobalLinker are subject to change without prior notice.
2.7 Company Profile
A brief description and write up and other factual and descriptive information provided by a Company on FAIITA GlobalLinker for other members to review and use in better understanding the Company, its services and capabilities Every Company on FAIITA GlobalLinker will be required to create, complete and update its Company Profile. This Company profile will be seen publicly by other Members and will be used by them in making decisions, including but not limited to connecting with the Company, its key contacts or employees. The Company Profile is maintained and managed by its Company Admin and other employee members of the Company may submit update request (Update Request) to the Company Profile for consideration by its Company Admin. Certain information provided in the Company Profile may not be displayed publicly and may only be used by FAIITA GlobalLinker for stated purposes. Certain services on FAIITA GlobalLinker may be availed of by Members and Companies only upon completion and authentication of the specified fields by FAIITA GlobalLinker or the appointed/authorized agents. and may be performed by the Company Admin. As a member of your Company Network, you may also contact the Company Admin to take such action.
2.8 Company Verification
FAIITA GlobalLinker conducts a company verification activity; via provision of a government or legally recognised document submitted by the member; to match the legal business name on such document with that provided on Company Registration or changed at a later stage. Such 'Verified Companies' and may also become eligible for special discounts offered by our partners and affiliates. This activity does not endorse authenticity, capability, backing of a companys capabilities to do business with anyone. Members are advised to use their discretion and conducting checks before entering into business transactions with any company on FAIITA GlobalLinker.
3 Your Obligations/Member Responsibility
3.1 Personal Use of our Services
Use of our services are restricted to your and your Company’s use as outlined in this Agreement only and not for commercial benefit
You may use the Service(s) only for your personal use, and/or that of your Company, only to the extent that you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of your Company. The Service is not intended for or licensed for any commercial use. We reserve the right to cancel any or all of the Services at any time at our sole discretion without any notice or liability to you or any other person.
The download of the whole or significant portions of any functionality of the Service(s), or any part of the Service(s) is prohibited; online or other republication of content is prohibited; and any violation may result in immediate termination of your membership and may result in legal action for injunction, damages, or both. Elements of the Service are protected by trade dress and other applicable laws and may not be copied or imitated in whole or in part. globallinker.com, faiita.globallinker.com logo products referenced herein are licensed trademarks of DigiVation. All other product names, Company names, marks, logos, and symbols used in the Services may be the trademarks of their respective owners and may be protected by copyrights, trademarks, or other intellectual property rights and other applicable laws.
You may use FAIITA GlobalLinker only for lawful purposes and perform no illegal actions, which may harm FAIITA GlobalLinker, its partners, affiliates, members, DigiVation or FAIITA in anyway. You will not use FAIITA GlobalLinker to study or understand the functionality to create a Company product or competitive product.
3.2 Registering (sign up) with FAIITA GlobalLinker
A Member joining FAIITA GlobalLinker also creates or becomes a part of their Company network on FAIITA GlobalLinker.
Registering with FAIITA GlobalLinker provides you access to a host of services and benefits.
You will provide true and accurate information about yourself and your Company
You may avail of FAIITA GlobalLinker services by creating an Account for your Company (if one does not already exist) and for yourself. If you are the first employee of your Company to become a Member, you will be designated “Administrator” (Company Admin) of the Company Account on FAIITA GlobalLinker.
You must be 18 years or older to become a Member of FAIITA GlobalLinker and/or to use the Service(s) available on FAIITA GlobalLinker. By registering with FAIITA GlobalLinker you indicate your Agreement to the terms of this Agreement on the Sign-Up page of FAIITA GlobalLinker, and you confirm to be over 18 years of age.
As part of the Sign Up process, you will create your Account by providing a unique email address (“Username”) and password directly to the platform or via third-party sites (including but not limited to Facebook, Google). This will allow a ‘single sign-on’ to all of FAIITA GlobalLinker functions, except those that require additional authentication and it is your responsibility to exercise caution while selecting and managing your FAIITA GlobalLinker single sign-in credentials.
Only verified members, and who have created or are a part their company network on FAIITA GlobalLinker, will have access to FAIITA GlobalLinker and all features. Until then, members will have limited access to their accounts and prompted to complete the ‘membership’ process to gain complete rights.
FAIITA GlobalLinker, DigiVation or FAIITA are not responsible for the loss or compromise of your sign-in credentials or for any other unauthorized access. You must also provide FAIITA GlobalLinker with accurate, complete, and updated registration information. Failure to do so will mean a violation of the terms of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
FAIITA GlobalLinker in association with its partners conducts group sign up activities to ease sign up for Companies and its employees. Through this exercise a Company member will share employee information directly or indirectly with its partners. You understand and consent that such information will be available with FAIITA GlobalLinker before you sign up.
FAIITA GlobalLinker may in its discretion at any time require proof of identity of any person seeking to access and use FAIITA GlobalLinker, and may deny access to it or parts of it or refuse to accept or act upon any communication if FAIITA GlobalLinker is not satisfied with such proof. Additionally, FAIITA GlobalLinker also reserves the right to remove or reclaim a Username if we believe it is appropriate.
3.3 Account Security
Keep your Account secure by creating a password which is difficult to crack. In addition you must not share your Account details and keep it confidential, and take all measures to keep your sign in credentials confidential.
Since you are responsible for all usage or activities that occur while using your password or Account on FAIITA GlobalLinker, distribution of your access password to FAIITA GlobalLinker to others is expressly prohibited and shall constitute a violation of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be sufficient ground for termination of your membership with FAIITA GlobalLinker, at our sole discretion, and you may be referred to appropriate law enforcement agencies. FAIITA GlobalLinker will not be liable for any loss that may be incurred by you as a result of unauthorized use of your password or Account, either with or without your knowledge. You shall not use anyone else's password at any time. FAIITA GlobalLinker is not under any obligation to verify the actual identity or authority of any person using Username and password to access and use FAIITA GlobalLinker and may act upon any communication that is given with the use of the password.
(a)You shall notify us by e-mail at email@example.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information or any other information.
(b) You will be responsible for maintaining the confidentiality of your password. You never will be required to reveal your password to any representative or agent of FAIITA GlobalLinker, its owners or agents or other Members.
If you receive such requests please alert the FAIITA GlobalLinker team at firstname.lastname@example.org
3.4 Services Access
Ways and reasons under which your access to services on FAIITA GlobalLinker may be restricted or affected
If you are leaving or are no longer a part of the concerned Company, you agree to discontinue association with the Company Account on FAIITA GlobalLinker or consent to be removed from the said Company Account on FAIITA GlobalLinker. In case you are the Company Admin, you will transfer your Admin rights before closing your Account. By doing so all features, benefits will not be available for access until you are associated with another Company Account on FAIITA GlobalLinker.
In case you choose to de-authorise third-party sites to log in to your FAIITA GlobalLinker account, your details continue to remain with us and you may need to reset your access credentials to continue using your account on FAIITA GlobalLinker.
In case, you choose to close your Account or change your Company Network or your Company Admin removes you from your current Company Account, you and the Company Admin agree that by closing your Account, all information, files, content, profile and other content will be deleted from FAIITA GlobalLinker.
3.5 Content Submission on FAIITA GlobalLinker
Content submitted by you should not be in breach of any copyright or intellectual property rights.
As part of its Service, FAIITA GlobalLinker allows Members to post messages on the discussion forum (including as a part of “Biz Forum”, “Company Buzz”, “Groups” ), job boards, and/or classified advertisements, to buy and sell "leads," to ask and answer questions to other Members, and to upload photos, files, information, logos and editorial matter to their Company Profile, chats. FAIITA GlobalLinker claims no ownership rights in any content, editorial matter, image or file uploaded to the Service by you. For the sole purpose of displaying your files/information/profile/content to recipients, including those designated by you, you grant to FAIITA GlobalLinker a perpetual, non-exclusive, royalty-free license to copy and/or distribute these through the Service(s) and when you post content or comment or reply to a comment/question in the Biz Forum, you permit FAIITA GlobalLinker to display and distribute the content, and to use it for advertising and promotion.
You agree to submit only content (including but not limited to, images, or any other content) owned by you and that will not violate the property or other rights of other people or organizations. You hereby acknowledge that content, including images, even if submitted to a site/forum/association of which you are a member, but belongs to the creator or author of the content and you should not reproduce it without permission of the creator or author. (For example, you may not upload an image of your products unless you have the permission of the photographer who has taken the picture - this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image.)
You agree that the content you post does not offend any section on grounds of gender, caste and other socio-economic sensitivities, and the language and images used as a part of such contributions shall be professional without the use of any slander, expletives or foul language.
3.6 Content Confidentiality
Content posted by you is public and may be used for distribution by us.
DO NOT add information you deem confidential
Any communications, submissions, and any other material unless deemed personal by law, including, but not limited to Company information, suggestions, ideas, drawings, concepts, feedback, comments, or other information posted on FAIITA GlobalLinker shall not be subject to any obligation of confidentiality whatsoever by FAIITA GlobalLinker and will be treated as non-proprietary and non-confidential (even if marked confidential or similar denotation). DO NOT POST PRIVATE OR COMPANY CONFIDENTIAL MATERIAL. FAIITA GlobalLinker shall not be liable for any use or disclosure of any such submissions or communications on FAIITA GlobalLinker. FAIITA GlobalLinker reserves the non-exclusive right to edit, copy, publish, and distribute any information or content you transmit or submit to it for any purpose whatsoever without providing any attribution or compensation for using the same.
3.7 Maintaining Conduct on FAIITA GlobalLinker
To facilitate network and a growth oriented environment, all Members are expected to respect others on FAIITA GlobalLinker
Always treat other Members with courtesy and respect when posting messages, commenting or replying to the discussions, queries, articles, invitations or messages. You will not disrespect or insult any Member or Company due to their origins, religion, caste, race etc. and not use abusive language, expletives and words.
Please avoid shouting (using all capital letters) in discussion forums or any negative form of communication on FAIITA GlobalLinker.
View FAIITA GlobalLinker’s list of Non-acceptable actions (not exhaustive).
Further DigiVation, FAIITA GlobalLinker, its partners, affiliates abide by the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 ("POSH Act"). You too are expected to abide by the POSH Act.
FAIITA GlobalLinker reserves the right to terminate the Accounts of Members at its sole discretion and without prior notice, in case of copyright infringement or in case found guilty of abuse by such Member (actual or alleged) or in case of violation of any of the provisions governing FAIITA GlobalLinker.
3.8 Use of Software and Applications
All applications, use of software are governed by the Terms of this or each Agreement.
If you use or receive software or download applications from FAIITA GlobalLinker as part of the Services (“Software”), it is governed either by specific license for the software, if any, presented by FAIITA GlobalLinker or if no license is presented, the terms of this Agreement and the TOS, if any, apply to the Software. The Software is licensed, not sold, and FAIITA GlobalLinker reserves all rights to the Software not expressly granted by FAIITA GlobalLinker, whether by implication, estoppel, or otherwise.
In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Software or disassemble, decompile, or reverse engineer any Software that is included in or accessible through the Services.
3.9 Linking, Copying to FAIITA GlobalLinker
No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to FAIITA GlobalLinker without the express written permission of FAIITA GlobalLinker are strictly prohibited. To request permission to link to FAIITA GlobalLinker, please send an email to email@example.com
FAIITA GlobalLinker may in its discretion cancel and revoke any permission it may give to a link to FAIITA GlobalLinker at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of FAIITA GlobalLinker or posting any of its content in any form and by any means in violation of terms hereof is strictly prohibited.
4 FAIITA GlobalLinker Offerings & Responsibility
4.1 Ownership & Copyrights of FAIITA GlobalLinker
FAIITA GlobalLinker Services are owned or licensed by DigiVation The Service, any underlying technology used in connection with FAIITA GlobalLinker, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the FAIITA GlobalLinker are provided by FAIITA GlobalLinker or DigiVation or third-party providers and are the copyrighted works of FAIITA GlobalLinker and/or such third parties. Content is owned or licensed by DigiVation and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws. FAIITA GlobalLinker grants you a limited right/license that is non-exclusive, revocable, non-sublicenseable and nontransferable, to access, privately display, and use the Content, including any and all Content provided to you, for your personal use only provided that you agree to and comply fully with this Agreement. Except as set forth, you may not copy, reproduce, publish, distribute, modify, translate into any other language, create derivative works of, reverse engineer any part of Content, or functionality or elements of the FAIITA GlobalLinker or the Services, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to FAIITA GlobalLinker in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Service on any other server.
4.2 Purchases on FAIITA GlobalLinker
All claims towards payments made for services and products purchased on FAIITA GlobalLinker are to the Account of such provider of products and services Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Member and Affiliate Partner and payment facility is merely used by the Member and the Affiliate Partner to facilitate the completion of the Transaction. To provide additional value to your purchase some products/services on FAIITA GlobalLinker may be offered in individually or bundled with other products/services.
4.3 Charges & Payments
4.4 Cancellations & Refunds
Any products or services purchased on or via FAIITA GlobalLinker, will be governed by the policies where the purchase has been completed.
Affiliate Services will be governed by cancellation policies of the respective Affiliate Partner. Members are required to familiarise themselves with such cancellation and refund/return policies and will be bound by the said policies and FAIITA GlobalLinker, DigiVation or FAIITA will not be held responsible for the same. For FAIITA GlobalLinker Services, cancellation requests received within 10 days of completing a purchase; will be governed by a full cancellation charge and immediate refund (within 24 working hours), provided:
(a) The product delivered was defective or unusable during shipment;
(b) the actual service provided was different from what was conveyed to such Member or
(c) rejection of such claim caused due to action or omission by such Member.
Cancellation and replacement requests will not be accepted if any of the following apply:
If a Member requests cancellation beyond 10 days of purchase and/or partially or fully utilises FAIITA GlobalLinker Services. Members are requested not to use services purchased if they intend to or apply for cancellation or termination of a FAIITA GlobalLinker Service.
4.5 Confidential Information & Your Privacy
4.6 Software Use
FAIITA GlobalLinker and/or the third party service provider may automatically check your version of the Software, and add cookies to your browser. FAIITA GlobalLinker and/or the third party service provider may also automatically download updates to the Software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, then such other terms shall apply. FAIITA GlobalLinker isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the Software. Such updates may not be compatible with software or services provided by third parties.
4.7 Links & Third Party Sites
4.8 FAIITA GlobalLinker’s Communication with its Members and Users
Messages from FAIITA GlobalLinker may not be copied or used by you other than for the reason they were meant All messages in any communication (including but not limited to emails, notifications, alerts, reminders, SMSs, messages) with users and Members is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged information. You are strictly prohibited to perform unauthorised reviews, use, re-transmit, disseminate, copy, disclose or make other use of, or take any action in reliance upon this information. If you have received these messages in error, please notify the sender immediately and delete the said message from your system. Reasonable precautions have been taken to ensure that these messages are virus-free.
DigiVation, FAIITA and its partners do not accept responsibility for any loss or damage arising from the use of these messages or attachments.
4.9 Availability of FAIITA GlobalLinker Services
For as long as FAIITA GlobalLinker continues to offer the Services, FAIITA GlobalLinker shall provide and seek to update, improve and expand the Services. As a result, we allow you to access FAIITA GlobalLinker as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue FAIITA GlobalLinker, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on FAIITA GlobalLinker or by direct communication to you unless otherwise noted. FAIITA GlobalLinker further reserves the right to withhold, remove and or discard any Content available as part of your Account, with or without notice if deemed by FAIITA GlobalLinker to be contrary to this Agreement. For avoidance of doubt, FAIITA GlobalLinker has no obligation to store, maintain or provide you a copy of any Content that you or other Member when using the Services may have uploaded/provided.
4.10 B2B platform
Company has added Beta version of its B2B platform as a specific feature to enable the existing members to enhance and expand their reach with the global community.
The B2B Platform is match-making platform. Member(s) may interact with other member (s) for entering into negotiations for sale or supply of goods or services. Each member is responsible to deliver quality, safety, genuineness, lawfulness of the products or services available for sale on the platform. We prohibit listing of any counterfeits, unauthorized products, non-licensed replicas and any products /services without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not by the members or by FAIITA GlobalLinker
FAIITA GlobalLinker is not responsible for quality, durability, reliability or the ability of the members(s) to deliver the product or service mentioned. It hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance.
FAIITA GlobalLinker is not party to any of the transactions that may happen between the various member(s) or user(s) of the platform nor to any agreement for sale or supply of goods or services between members and/or users. No representation or warranties expressed or implied or statutory is being provided to any member/user for any kind of Product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded. Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition. Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by Company (“Damages”) whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation to the Service(s).
The Member and/or User hereby indemnifies and holds FAIITA GlobalLinker and Digivation harmless against any and all losses, claims, injuries and Damages that may arise out of the Member or User’s breach of this Disclaimer and/or the Agreement.
All Members and Users are advised to be very careful while doing business with individuals, body corporates or companies from any part of the world. All are advised to exercise reasonable caution and undertake thorough due diligence on such organization and/or individual while transacting with a prospective buyer or a seller on the Site. All members or users are advised extreme caution while exercising any commercial transactions.
Neither FAIITA GlobalLinker nor directors, employees, officers or agents of Digivation shall be liable to any member or user or otherwise for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.
4.11 Content Monitoring
We do not monitor content on FAIITA GlobalLinker, but will not hesitate to remove any material if it violates the letter or spirit of this Agreement FAIITA GlobalLinker does not actively monitor a Member's uploaded files, Company Profiles, and other material nor does FAIITA GlobalLinker exercise any editorial control over the content of any material that the Member uploads on FAIITA GlobalLinker. However, FAIITA GlobalLinker reserves the right to remove any and/or all of the Member's material from FAIITA GlobalLinker that are in it's sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement. Upon removal of the material, FAIITA GlobalLinker may notify the Member of the removal of the materials, as well as the reason for removal. In no instance shall FAIITA GlobalLinker be liable for the removal of the materials. FAIITA GlobalLinker reserves the right to immediately terminate its Service to Member and cancel his/her membership for any flagrant or repeat violations of this Agreement.
5 FAIITA GlobalLinker’s Indemnity, Warranty and Liability
5.1 Indemnification of liability
You will indemnify FAIITA GlobalLinker and those associated with it against any losses incurred by you or your Company and for any damages due to performance failures FAIITA GlobalLinker employs and will, in future, introduce means to ensure Companies registered on FAIITA GlobalLinker are genuine. You are adviced to use caution and perform your own validation before entering into transactions with such companies. FAIITA GlobalLinker assumes no liability or damages for any losses (in any manner) faced by you while dealing with a Company and its Company Members (including Verified Companies) on FAIITA GlobalLinker. In no event will FAIITA GlobalLinker, its owners, employees, contractors, subcontractors, suppliers, agents, Affiliate Partners, subsidiaries, successors or assigns be liable to any party for any direct, indirect, consequential, incidental, special or other indirect Content or other materials provided or available hereunder (including without limitation, cost of cover), arising out of or in connection with this Agreement or any Services, Content or other materials provided or available hereunder, even if such party was expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort (including negligence), strict liability or other legal basis.
5.2 Disclaimer of Warranty and Limitations of Liability
No warranties are provided for facilities, features services and products etc. availed of by you on FAIITA GlobalLinker FAIITA GlobalLinker and its associated Services are provided on an "as is," "with all faults" and "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, accuracy, timeliness of information available from the Services, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement, communication with Members and Users by FAIITA GlobalLinker. In no event will FAIITA GlobalLinker, faiita.globallinker.com, or DigiVation or FAIITA or its promoter(s) or partner(s) or directors, officers, employees, affiliates, or agents be liable to you or any third party for any incidental, indirect, special, or consequential damages (even if you were advised of the possibility of such damages), arising out of your use of or inability to access FAIITA GlobalLinker or use the Service(s), including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to FAIITA GlobalLinker's records, programs, or services. If you are dissatisfied with any portion of FAIITA GlobalLinker orthe Service(s), or with any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the Service or close your Account. It is further clarified that in jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, FAIITA GlobalLinker's total liability shall not in any event exceed the registration/listing fees paid by the Member for registering/signing up with FAIITA GlobalLinker or availing the Service(s).
5.3 Limitation of Service
You will indemnify FAIITA GlobalLinker and all associated entities from results or effects of your use of the service You shall indemnify, hold harmless and defend at your own expense, FAIITA GlobalLinker, GlobalLinker, FAIITA and DigiVation, its promoters, partners, affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney's fees, or any proceeding brought against FAIITA GlobalLinker, FAIITA, DigiVation which arises out of, relates to or results from use of any Content, whether or not such use is authorised by or violates this Agreement or applicable law; or is related to your violation of the provisions governing FAIITA GlobalLinker, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the Service.
5.5 Downtime, Services disruptions and backup
We will strive to keep a high uptime and availability for FAIITA GlobalLinker and you are additionally advised to take precautions We strive to keep FAIITA GlobalLinker up and running; however, all online services suffer occasional disruptions and outages, and FAIITA GlobalLinker will not be liable for any disruption or loss you may suffer as a result. Further, FAIITA GlobalLinker shall not be liable for any downtime, disruptions and outages of the linked websites or website of third party Affiliate Partner or other service providers. You should regularly back up the content that you store in the Account. Having a regular backup plan and following it can help you prevent loss of your content.
5.6 No Injunctive Relief
You waive your rights to try to stop FAIITA GlobalLinker, but we don’t waive our rights to seek legal intervention to stop your actions. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
6 Termination & Involuntary Closure
6.1 Mutual rights of termination
You and FAIITA GlobalLinker both have the right to terminate this Agreement You may terminate this Agreement, for any or no reason, at any time, with notice to FAIITA GlobalLinker. This notice will be effective upon FAIITA GlobalLinker duly receiving your notice. FAIITA GlobalLinker may terminate this Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only FAIITA GlobalLinker or any third party paying for the Services may terminate your access to any Services. Termination of your FAIITA GlobalLinker Account includes disabling your access to FAIITA GlobalLinker and may also bar you from any future use of FAIITA GlobalLinker.
6.2 Involuntary Termination
Conditions due to which Accounts on FAIITA GlobalLinker may be terminated Without prejudice to the other remedies available to FAIITA GlobalLinker under this Agreement, the TOS or under applicable law, FAIITA GlobalLinker may immediately temporarily/indefinitely restrict, suspend or terminate the Account of any Member and/or refuse to provide the Member with access to FAIITA GlobalLinker who abuses or misuses the Services or FAIITA GlobalLinker is unable to verify or authenticate any information provided by the Member. Misuse of the Services includes abusing the services; creating multiple or false Member and Company profiles; using the Services commercially without authorization, infringing any intellectual property rights, or any other behaviour that FAIITA GlobalLinker, in its sole discretion, deems contrary to its purpose. FAIITA GlobalLinker may at any time in its sole discretion reinstate suspended Members. Once the Member has been indefinitely suspended, the Member shall not register or attempt to register with FAIITA GlobalLinker or use FAIITA GlobalLinker in any manner whatsoever until such time that the Member is reinstated by FAIITA GlobalLinker. One unique Company Account should be created/ registered with FAIITA GlobalLinker. Duplicate Company Accounts are not allowed to be created. In case of request for multiple Accounts in the same name the first Account registered/signed up with FAIITA GlobalLinker may be created/retained.
Membership in FAIITA GlobalLinker may be terminated, and Member Account may be closed/removed if Member has not signed in to FAIITA GlobalLinker for a period of 180 days.
Death & Insolvency
On death of a Member, closure of a Company or insolvency of a Member/Company, the respective Account will be closed/terminated, on FAIITA GlobalLinker’s discretion and/or availability of appropriate evidence of such occurrence/event.
6.3 Effect of Termination
You will lose access to all services when an Account is terminated
Upon the termination of your FAIITA GlobalLinker Account, you lose access to all Services offered on FAIITA GlobalLinker. In addition, FAIITA GlobalLinker may block access to the Service from an IP address or range of IP addresses associated with those of the terminated Member. The terms of this Agreement shall survive any termination.
7 Laws, Disputes & Arbitration
7.1 Compliance with Laws
You must comply with all applicable laws You agree to comply with all applicable laws, rules, and regulations in connection with your activities under this Agreement, including and without limitation the applicable regulations under the Foreign Trade Policy of India, as amended to assure that the Content is not exported in violation of Indian laws.
7.2 Governing Law
Any legal dispute shall be subject to the exclusive jurisdiction of Mumbai courts This Agreement shall be governed by and construed in accordance with the laws of India. Any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be determined by the competent courts at Mumbai only.
Any unenforceable terms will not disallow the others from being enforced and terms may be replaced If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. Further, FAIITA GlobalLinker shall also have the right to replace those terms with similar terms to the extent enforceable under the relevant law. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
7.4 Co-operation with Law
FAIITA GlobalLinker will cooperate with applicable laws and authorities as required FAIITA GlobalLinker will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. FAIITA GlobalLinker reserves the right to monitor or view material uploaded by Members on FAIITA GlobalLinker at any time for the purpose of ensuring compliance with this Agreement.
8.1 Use of FAIITA GlobalLinker Services
You agree to use the Services using your own discretion and judgment You expressly agree that use of the Services is solely at your risk and consequences. To the extent FAIITA GlobalLinker acts only as a forum wherein the third party service providers (including but not limited to Affiliate Partners) offer their services, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall FAIITA GlobalLinker be liable for the services provided by any third party service provider.
8.2 No Professional Advice
We do not promote any content by other Members. You must aim to seek professional advice at all times Content available on FAIITA GlobalLinker, including, without limitation, reviews, opinions, directions, guides are not a substitute for any type of professional advice, including, without limitation, financial or legal advice. Always seek the advice of an appropriate professional/expert opinion and never disregard professional advice or delay in seeking it because of the Content. FAIITA GlobalLinker does not certify or endorse the Content on its webpage/portal, including without limitation any opinion, recommendation, advice, or any other information contained in the Content.
8.3 Interpretation of the Agreement
8.4 Your relationship with FAIITA GlobalLinker
Clarifying the nature of relationship you will have with FAIITA GlobalLinker None of the provisions of this Agreement, terms and conditions, notices or the right to use FAIITA GlobalLinker by the Member contained herein or any other section or pages of FAIITA GlobalLinker and/or the linked websites or pages, shall be deemed to constitute a partnership, joint venture, employee-employer or franchiser-franchisee between the Member and FAIITA GlobalLinker and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using FAIITA GlobalLinker, the Member authorises FAIITA GlobalLinker and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Member shall be deemed to have duly appointed and authorised FAIITA GlobalLinker and its agents as their agent for this purpose.
8.6 Interpretation of Number and Genders
How terms in this Agreement may be interpreted The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
How we may assign this Agreement to another person/entity FAIITA GlobalLinker shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any Agreement relating to Services to any person or entity. The Member may not assign, in whole or part, this Agreement to any person or entity.
Our terms will be updated on a regular basis and we may notify you of such changes FAIITA GlobalLinker reserves the right, at its sole discretion, to update, add, remove, change, modify, revise the terms of this Agreement from time to time without prior notice on an as-needed basis by placing an update of this Agreement online at FAIITA GlobalLinker at this location or at any other designated location at FAIITA GlobalLinker. Revisions/changes to this Agreement will be effective when posted on FAIITA GlobalLinker and we may notify you of these revisions, however, you shall be responsible for regularly reviewing the terms of this Agreement. By using FAIITA GlobalLinker after any revision of the terms of this Agreement, you agree to be bound by such changes/revisions. This Agreement creates a binding legal Agreement, so please read the same carefully. If you do not agree to these changes/revisions, you must immediately discontinue using FAIITA GlobalLinker.
9.1 Notices to FAIITA GlobalLinker
We will only accept notices sent by you in writing
All notices or demands to or upon FAIITA GlobalLinker shall be effective only if made in writing and sent to DigiVation Digital Solutions Pvt. Ltd., 308, Ascot Centre, 3rd Floor, Sahar Airport Road, Andheri East, Mumbai – 400 099, India.
All written communication shall be made in English only. All notices or demands sent under this Agreement shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the address mentioned herein above.
9.2 Notices to You/Members
All notices or demands to or upon a Member(s) shall be sent to the last-known correspondence, fax or email address provided by such Member(s) to FAIITA GlobalLinker, or by posting such notice or demand on an area of the FAIITA GlobalLinker that is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such Member(s) if and when FAIITA GlobalLinker is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member(s), or immediately upon FAIITA GlobalLinker posting such notice on an area of FAIITA GlobalLinker that is publicly accessible without charge.
10 Contact FAIITA GlobalLinker
FAIITA GlobalLinker aims at providing a smooth and great experience. Thus if you face any grievances, violations, infringements, please connect with us. Our final, only and exclusive action will be removal of the said material or termination of the Account, in case of severe offences, as we deem fit. You should support your claim by providing necessary proofs for any action.
Where you may address any grievances For any grievances please connect with our team at firstname.lastname@example.org.
10.2 Infringements & Violations
Connect with us if your material has been infringed or violated
Copyright infringements, intellectual property violations are not tolerated and are unacceptable. Please contact us at email@example.com for any issues
10.3 Registered Address
Where you may write to us
We can be reached at:
DigiVation Digital Solutions Pvt. Ltd.,
308, Ascot Centre, 3rd Floor,
Sahar Airport Road,
Andheri East, Mumbai – 400 099,
11 Non-acceptable Actions on FAIITA GlobalLinker
You may not use FAIITA GlobalLinker for unlawful and abusive purposes. Incidents and uses that may cause your Account with FAIITA GlobalLinker to be terminated include, but are not limited to: