MEMBERSHIP
AGREEMENT
THIS TERMS OF THIS
AGREEMENT(“Agreement”) is made between Baniya Networks LLP(“Company”) duly
running a forum by the name & style of World Baniya Forum, registered under
companies act having its current office at, as mentioned over the website and
whomsoever who completes the registration process to open and maintain an
account with the Company’s interactive online and communication services for
member’s business (“Business”), herein after termed as member. Company and
Member are collectively referred to as the “Parties”.
By clicking the
acceptance button or accessing, using, or installing any part of the service(s)
or mere presence in the Social Media/communications’ group, the Member/Business
expressly agrees to and hence consents to be bound by all the terms of this
Agreement. If member does not agree to all the terms of this Agreement, the
user/visitor may exit this website. The Company will promptly cancel this
transaction and member/Business/Subscriber shall not access, use or install any
part of the services provided by the Company.
WHEREAS:
1. The Company is
engaged in the business of networking, marketing and support in promotion of
individuals associated with baniya community through use of technology and
automated interfaces and different internet-based tools and ideas.
2. The Member or
Subscriber or Business, is an individual who is intending to avail the services
of the Company on their personal respective behalf or their firm/organisation/
setup/ company or any business.
3. On the basis of
and relying upon the representation, warranties and assurance made by the
Parties, the Subscriber is desirous to avail said Membership and the Company
wishes to provide such services to the member (as applicable).
4. In consideration
of the mutual agreements between the Parties hereto, the Parties have agreed to
enter into this Agreement to govern the term and conditions of their
association by clicking the acceptance button.
1. DEFINITIONS
1.1 “Applicable
Laws” means the central, state and local laws and accounting standards and
rules of Delhi, India, including all orders, rules, regulations, executive
orders, decrees, policies, judicial decisions, notifications, by-laws or any
license, consent, permit, authorization or other approval (including any
conditions attached thereto) or any part thereof or other similar directives
made pursuant to such laws or of any public body or authority, local or
national agency, department, inspector, ministry, official or public or
statutory person (whether autonomous or not) which has appropriate
jurisdictions or any other directives given under a contract executed with a
Governmental Authority;
1.2 “Agreement”
shall mean this Agreement along with its annexures, schedules and addendums as
and when made and shall include any subsequent written modifications and
amendments thereto mutually consented by the Parties; “Force Majeure Event”
shall mean and include, but not be limited to, fire, earthquake, flood, strike,
lockout, civil disturbance, war, terrorism, acts of God, or acts of public
authorities preventing or delaying performance of obligation relating to acts
of public authorities, including changes in law, regulations or policies of the
Governmental Authority, or other regulatory authority acts and/or any act which
are beyond the control of any Party and cannot be predicted by man of ordinary
prudence;
1.3 “Governmental
Authority” means any competent governmental, regulatory, statutory or
administrative authority, agency, department, commission or instrumentality
(whether local, municipal, national or otherwise), court, board or tribunal of
competent jurisdiction or other laws, rule or regulation making entity having
jurisdiction in regard to enforcement of the transaction documents or the
transactions contemplated therein, on behalf of the Republic of India or any
state or other subdivision thereof or any municipality, district or other
subdivision thereof;
1.4 “Person” shall
mean any natural person, firm, company, Governmental Authority, joint venture, association,
partnership, proprietorship, Hindu undivided family, trust or any other entity,
irrespective of having or not having separate legal personality;
1.5 “Term” shall
have the same meaning prescribed in Clause 3 of this Agreement;
1.6 Consent:
Anything and everything written in the said agreement, is clear and understood
and mere pursuance shall mean agreed between both the parties.
1.7 “Third Party”
means any person who is not a signatory to this agreement.
1.8 “Member”
whomsoever who completes the registration process to open and maintain an
account with the Company’s interactive online and communication services for
member’s business, herein after termed as “Member” or “Subscriber”.
2. INTERPRETATIONS
In the
interpretation of the Agreement, the following rules shall apply unless
otherwise indicated by the context:
2.1 The Definitions
in Clause 1 shall apply equally to both the singular and plural forms of the
terms defined. Whenever the context may require, any pronoun shall include the
corresponding masculine, feminine and neuter forms. Words using the singular
or plural number also include the plural or singular number, respectively.
2.2 The terms
“hereof”, “herein”, “hereby”, “hereto” and derivative or similar words refer to
this entire Agreement or specified Clauses of this Agreement, as the case may
be. The terms “Clause”, “Schedule” and “Recital” refer to the specified Clause,
Schedule and Recital of this Agreement.
2.3 The Parties
acknowledge that they have read and understood the terms of this agreement and
have also understood all aspects of this agreement and hence consents for the
same. Accordingly, no court or arbitrator construing this Agreement shall
construe it more stringently against one Party than against the other.
2.4 Time is of
essence in the performance of the respective obligations of the Parties. If any
time period specified herein is extended, such extended time shall also be of
essence. Clauses, headings, bold typeface, index, titles and Schedule headings
are only for convenience and shall be ignored for the purposes of
interpretation.
3. SERVICES
3.1 The membership
shall commence from the date of your membership payment or the date of
completion of registration process by the user along-with the payment of
subscription fees and acceptance of user registration. Once accepted
subscription term shall be valid for 365 days as per English Calendar which
shall be renewable on terms and pricing of the Company and agreed by the
member.
3.2 The Company
shall be providing services in accordance of categorical membership to the
member which shall be inclusive of the services as specified in each category
as mentioned over website.
3.3 The Subscriber
shall pay amount as per their membership category for one Term in advance
before availing the services from the Company through the mode of payment
stated in membership category chart over website.
3.4 The Membership
Fees is non-refundable. The Member shall be responsible for payment of taxes
over and above the Membership Fees to the Company as and when applicable. The
Parties agree that neither Party shall be responsible for any personal tax
filing before Government Authority, but shall perform all their duties as
citizens.
3.5 In case of any
dispute in the invoice, either Party may raise the dispute to the other Party
within fifteen (15) days from the date of receipt of the invoice. The Parties
shall endeavor to amicably settle the dispute within 10 (ten) working days from
the date of service of notification of such dispute to the other Party. The
decision of the Company in this regard shall be final.
4. REPRESENTATION
AND WARRANTIES
4.1 Each Party
represents and warrants to the other Party that:
4.1.1 It has full
power and authority including corporate approvals and resolutions to enter
into, execute, deliver, and perform this Agreement;
4.1.2 It has taken
all necessary action to authorize the execution, delivery, and performance of
this Agreement and does not contravene any existing contractual obligations
with any Third Party;
4.1.3 This
Agreement constitutes a legal, valid, and binding obligation enforceable
against it in accordance with the terms hereof;
4.1.4 It shall
endeavor to make best efforts and co-operate with each other for the
performance of their respective obligations under this Agreement; and
4.1.5 It shall
comply with the Applicable Laws, rules, and regulations, as may be amended from
time to time, that govern this Agreement
5. CONFIDENTIALITY
Any information,
which is not publicly available and is provided by one Party to the other Party
for the purpose of implementing this Agreement or otherwise, shall not be
disclosed or divulged by the receiving Party to any other party who is not part
of this agreement for any purpose whatsoever other than in relation to this
Agreement during the Term of this Agreement or thereafter, without the prior
written consent of the Party giving such confidential information. Also, no
party shall call upon /ask for any information which is not mandatory for the
purpose of membership.
6. GOVERNING LAW
AND DISPUTE RESOLUTION
This Agreement
shall, in all respects, be governed by and construed in all respects in
accordance with the laws of the Republic of India and the courts of Delhi shall
have the exclusive jurisdiction.
7. GRIEVANCE
REDRESSAL
Current Service
Address: 408, Tower B, Global Business Park, MG Road, Gurugram, Haryana
-122002.(Subject to change at any point of time without notice and shall be
confirmed from website time to time by the member).
E-mail: info@worldbaniyaforum.com.
Please note that
Email ID and other details of the member shall be utilized for the purpose of
serving notice and correspondence and/on behalf of the Company. Provided that
member may intimate about any change with the above details by sending a prior
notice in writing through E-mail and other manners to the Company within 10
days of occurrence of such change.
8. MISCELLANEOUS
8.1 Relationship
between the Parties: The Company and member are, for every purpose related to
this Agreement are independent contractors and not the employees or agents of
the either Party.
8.2 Amendment: This
Agreement may not be changed, modified, or amended except by mutual consent and
communicated of all Parties hereto.
8.3 Severability: Any
provision of this Agreement is invalid, unenforceable, or prohibited by law, this
Agreement shall be considered divisible as to such provision and such provision
shall be termed as inoperative and shall not be a part of this agreement to
consider by either Party hereto and will not be imposed to other, The remaining
provisions, clauses of this Agreement shall be valid, binding and will have the
same effect on all the parties of this agreement as such provision was not
included herein.
8.4 Assignment: The
member shall not have any right to assign, transfer, alienate, encumber or
hypothecate any of its rights or obligations hereunder without the express
prior written consent of the other Party.
8.5 Co-operation:
The Parties shall do all acts and things and shall execute and seal any and all
instruments and documents reasonably required by any of the other Parties or by
the terms of this Agreement to effectuate and implement any or all terms,
provisions and purposes hereof or of any agreement referred to herein and the
Parties shall procure that all Third Parties under their control shall do
likewise.
8.6 Counterparts:
This Agreement shall be executed in separate counterparts, each of which when
so executed and delivered shall be an original and all such counterparts shall
together constitute one and the same instrument.
9. Community
Guidelines
9.1 This forum is
strictly for Marwari, Baniyas & Jains. Only Marwari, Baniyas & Jains
belonging to this community are allowed to create accounts and participate in
the forum. In no way the company is promoting any religion of paying any kind
of hatred towards any religion. The clear intent is to bring businessmen or
service providers of aforesaid communities together and work in development of
healthy trade practices.
9.2 Members must be
respectful of other members and their cultures. Any form of discrimination or
harassment is not tolerated and strict action shall be taken by the company in
case any member is found in breach of this clause.
9.3 Members must
use the forum for its intended purpose only. The forum is intended for Marwari,
Baniyas & Jains to connect with each other and share information.
9.4 Website
publishment shall be considered as communication of successful nature towards
members but not otherwise/ vice versa.
9.5 Members must
follow the forum's rules and regulations. The forum's rules and regulations are
subject to change at any time. Individuals are responsible for staying
up-to-date on the latest rules and regulations through website.
9.6 Member who does
not follow the community guidelines and the regulations framed by the company
shall be removed from the member’s list and ceased to be a member of this
forum. Also, there Membership fee will be forfeited for the balance term of
such member. Also, if any dispute/incompetency/cheating/fraud/misrepresentation
etc. Is reported to the forum by other existing member, the forum reserves the
right to remove/revoke the membership of that member with immediate effect with
the consent of the founding members of the WBF.
9.7 To grant
membership to any user is the sole discretion of the company.
9.8 No personal
trade disputes between members shall be entertained by company. Also, company
shall be in no liability of any kind or manner if any number of members
connected via this company falls into any dispute of any nature.
