Terms and Conditions
This website is an electronic publication of Life-Gist.com.
Services of Life-Gist.com are available only to those individuals, firms or companies who can form legally binding contracts under the Indian laws.
Acceptance of Terms and Conditions:-
(A) For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Life-Gist.com as a registered User or whether said User is a paying customer for a specific service provided by Life-Gist.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
(D)Accessing Life-Gist.com by the users give their acceptance towards accepting the terms & conditions. Life-Gist.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site which shall be effective immediately upon posting. The amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms
(A) Certain of its features are provided to all Users free of charge. However, Life-Gist.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process.
(B) Life-Gist.com reserves the right to restrict or deny Paid Services to any User for whatever reason in order to protect the interests of Life-Gist.com
Users Who Post Information on Life-Gist.com:-
(A) You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site.
(B) Each User hereby represents warrants and agrees to (a) provide Life-Gist.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly edit all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Life-Gist.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
(D) Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Life-Gist.com or authorizes Life-Gist.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, 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 Site, are hereafter referred to as "Third Party Rights."
Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Life-Gist.com or authorizes Life-Gist.com 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. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
(E) Life-Gist.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Life-Gist.com to liability, violates this Agreement or is otherwise found inappropriate in Life-Gist.com`s opinion. Life-Gist.com 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. Furthermore, Life-Gist.com may disclose the User`s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Life-Gist.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Life-Gist.com for such disclosure. In connection with any of the foregoing, Life-Gist.com may suspend or terminate the Account of any User as Life-Gist.com deems appropriate in its sole discretion. User agrees that Life-Gist.com shall have no liability to User, including no liability for consequential or any other damages, in the event Life-Gist.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Life-Gist.com may take such actions.
Transactions between Buyers and Suppliers:-
(A) Life-Gist.com provides a platform for buyers and sellers which is free of any of transaction fee between them so both buyers and sellers are warned that before deal to each other both are advised to evaluate each others. The Life-Gist.com only charges membership fee only.
(B) Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Life-Gist.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site.
(C) Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming 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 Site. 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 or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User 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 Users of the Site as a result of purchase and sale transactions in connection with using the Site 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.". Each User agrees that Life-Gist.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in
connection with any Transaction Risks.
(D) Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
(E) In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Life-Gist.com (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.
Limitation of Liability:-
(A) The features and services on the Life-Gist.com site are provided on an "as is" and "as available" basis, and Life-Gist.com 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.
(B) Life-Gist.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the site. Life-Gist.com 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 site does not violate any third party rights; and Life-Gist.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Life-Gist.com site.
(C) Any material downloaded or otherwise obtained through the Site is done at each User`s sole discretion and risk and each User is solely responsible for any damage to its 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 any User from Life-Gist.com or through or from the Site shall create any warranty not expressly stated herein.
(D) Under no circumstances shall Life-Gist.com be held liable for an 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 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, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
(E) Life-Gist.com shall not be liable for any special, direct, indirect, third part claim, 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 resulting from any of the following:
The use or the inability to use the Site:-
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
Violation of Third Party Rights or claims or demands that Users` manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or 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; unauthorized access by third parties to data or private information of any User; statements or conduct of any User of the Site; or any matters relating to Paid Services however arising, including negligence.
Intellectual Property Rights:-
(A) Life-Gist.com is the sole owner of all the rights to the Site and the Life-Gist.com Content. All title, ownership and intellectual property rights in the Site and Life-Gist.com Content shall remain with Life-Gist.com, its affiliates or licensors of the Life-Gist.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Life-Gist.com are hereby reserved.
(B) "Life-Gist.com", its icons and logos are registered trademarks or trademarks or service marks of Life-Gist.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
NB: The Agreement shall be governed in all respects by the laws of the Delhi/Indian Territory. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.