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)Member 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 page.The Company will promptly cancel this transaction and 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 interfacesand different internet-based tools and ideas. 2. The Member 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 Membershipand 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. NOW THEREFORE IT IS HEREBY AGREED BY AND AMONGST THE PARTIES AS UNDER:
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 oradministrative 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”.
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 correspondingmasculine, 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 theyhave 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 morestringently 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 timeperiod 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 membershipshall commence from the date of your membership payment orthe date of completion of registration process by the user along-with the payment of subscriptionfees and acceptance of user registration. Once accepted subscription term shall be valid for 365 days as perEnglish 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 categorial 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 paymentstated 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 endeavour 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 endeavour to make best efforts and co-operate with each other for the performance oftheir respective obligations under this Agreement;
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 otherParty 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 withthe laws of the Republic of India and the courts of Delhi shall have the exclusive jurisdiction.
7. GRIEVANCE REDRESSAL
Current ServiceAddress: 408, Tower B, Global Business Park, MG Road, Gurugram, Haryana -122002.
E-mail: info@worldbaniyaforum.com.
Member DETAILS:
Name:
Email:
Address:
Business Type:
Please note that Email ID and other details of the member shall be utilised for the purpose of serving notice and correspondence and/on behalf of the Company. Provided that member may intimate about any changewith 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 mutualconsent 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 orhypothecate 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 allinstruments and documents reasonably required by any of the other Parties or by the terms of thisAgreement to effectuate and implement any or all terms, provisions and purposes hereof or of anyagreement 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 theforum.
9.2 Members must be respectful of other members and their cultures. Any form of discrimination or harassment is not tolerated.
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 rulesand 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, thereMembership fee will be forfeited for the balance term of such member.
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.
By clicking on the "I Accept" button below, I agree to the terms and conditions of this Agreement.
