Welcome, WorkSafeOnline. The following sets forth the terms and conditions of the WorkSafeOnline Free Membership Agreement (this “Agreement”) between you (“Member”) and WorkSafeOnline under which WorkSafeOnlineoffers you access to the WorkSafeOnline application. Any use of the Service by a Member indicates that you accept the terms and conditions set forth below. A Member has an option of not using the Service in the event the terms and conditions of the Agreement are not acceptable to you. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I AGREE” BUTTON, YOU ARE PROVIDING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, WorkSafeOnline’S TERMS and CONDITIONS AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE “TERMS OF USE”). The WorkSafeOnline Free Membership Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use. WorkSafeOnline may amend this Agreement at any time by posting the amended Agreement on the WorkSafeOnline Website. The amended Agreement shall be effective immediately upon posting. Posting by WorkSafeOnline of the amended Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement shall not otherwise be modified except in writing by an authorized officer of WorkSafeOnline.
If you register with WorkSafeOnline and submit Information to it (e.g., putting company information, any URL in chat rooms or customer ratings and review areas which may include data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, referred to as “User Posting”), you grant WorkSafeOnline an irrevocable, nonexclusive, worldwide, royalty-free license (sub licensable through multiple tiers) to (in any media now known or not currently known or invented) link to, utilize, use for any purpose, copy, exploit and prepare derivative works of the submitted Information. No Information you submit shall be deemed confidential. You further agree that WorkSafeOnline may use, process and display your personally identifiable information like a logo, digital company banner, company information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WorkSafeOnline.
You agree that you are solely responsible for all of your User Postings and understand that you may not have recourse to edit or remove your User Postings. You will indemnify and hold harmless WorkSafeOnline and its suppliers against any legal claim by a third party based upon the content of your User Posting.
The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
The Service will have the following core features (which may be added to or modified or withdrawn, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of WorkSafeOnline ) (“Free Member Benefits”)
Company Profile-allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc.
Display and manage unlimited products and services to attract more and more partners
Products-Display and manage unlimited products and services to attract more and more partners and allows each Member to edit descriptions, specifications of products. 2.2.4
Unlimited Buyer Trade Lead Posting-allows each Member to post on WorkSafeOnline for public display offers to buy products and services from other users of WorkSafeOnline.
WorkSafeOnline may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion. WorkSafeOnline reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available at all times or in all or some countries / regions.
The availability of any transactional features and functions on the WorkSafeOnline to any Member may be conditional on verification of Member’s identity and/or its designated bank account by WorkSafeOnline and/or its approved independent third parties.
WorkSafeOnline shall issue a User name, WorkSafeOnline ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member’s Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member’s business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, referred as “multiple use”), will cause irreparable harm to WorkSafeOnline and each such Member shall indemnify WorkSafeOnline against any loss or damages (including but not limited to loss of profits) suffered by WorkSafeOnline as a result of such multiple use of an Account. Each Member hereby undertakes to notify WorkSafeOnline immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that WorkSafeOnline shall not be liable for any loss or damages arising from the Member’s failure to comply with this paragraph.
WorkSafeOnline reserves the right to change, upgrade, modify, limit, withdraw or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. WorkSafeOnline further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by WorkSafeOnline.
Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may affect its business. Each Member hereby agrees that in no event shall WorkSafeOnline be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
Each Member hereby represents, warrants and agrees to provide true, accurate, current and complete information about itself and its business references as may be required by WorkSafeOnline and maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty – free, sub – licensable (through multiple tiers) license to WorkSafeOnline to display and use all information provided by such Member 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.
Each Member hereby represents, warrants and agrees that the use by such Member of the Service and WorkSafeOnline shall not: contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Members or other users of WorkSafeOnline or for any other unlawful purpose; infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights; impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; involve attempts to copy, reproduce, exploit or expropriate WorkSafeOnline various proprietary directories, databases and listings; involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and involve any scheme to undermine the integrity of the computer systems or networks used by WorkSafeOnline and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks; link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or otherwise create any liability for WorkSafeOnline or its affiliates.
Member shall not take any action which may undermine the integrity of WorkSafeOnline’s feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
Each Member acknowledges and agrees that WorkSafeOnline shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. WorkSafeOnline does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information under any applicable law.
Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on WorkSafeOnline or authorizes WorkSafeOnline to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission or requisite license from the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on WorkSafeOnline or authorizes WorkSafeOnline to display.
If any Member breaches the representations, warranties and covenants of paragraphs 3.1,3.2, 3.3, 3.4, 3.5 above, or if WorkSafeOnline has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, WorkSafeOnline has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if WorkSafeOnline has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, WorkSafeOnline has the right to suspend or terminate, without any compensation, the Service and all Free Member Benefits with respect to such Member, and restrict or refuse any or all current or future use of the Service or any other services that may be provided by WorkSafeOnline. Further, WorkSafeOnline reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on WorkSafeOnline for such duration as WorkSafeOnline may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject WorkSafeOnline to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in WorkSafeOnline’s opinion. WorkSafeOnline’s opinion in all such matters shall be final and binding upon the Members and it shall not be open to the Member to dispute such opinion. WorkSafeOnline reserves the right to cooperate fully with governmental authorities, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, WorkSafeOnline may disclose the Member’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 WorkSafeOnline shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against WorkSafeOnline for such disclosure. In connection with any of the foregoing, WorkSafeOnline may suspend or terminate the Account of any Member as WorkSafeOnline deems appropriate in its sole discretion.
Each Member agrees to indemnify WorkSafeOnline, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member’s use of the Service or from such Member’s breach of this Agreement or the Terms of Use. Each Member further agrees that WorkSafeOnline is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. WorkSafeOnline reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with WorkSafeOnline in asserting any available defenses.
Through the WorkSafeOnline, application provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. WorkSafeOnline reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform, WorkSafeOnline does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the WorkSafeOnline. WorkSafeOnline does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on WorkSafeOnline or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Members are hereby made aware that there may be risks of dealing with people acting under false pretenses. WorkSafeOnline uses several techniques to verify the accuracy of the information our users provide us when they register on WorkSafeOnline. However, because user verification on the Internet is not fool proof, WorkSafeOnline cannot and does not confirm each user’s purported identity (including,Gold and Platinum Supplier members). We encourage you to use the various functionalities available on WorkSafeOnline, or through any other source as well as common sense, to evaluate with whom you are dealing.
Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using WorkSafeOnline to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents (“Transaction Risks”). Each Member agrees that WorkSafeOnline shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of WorkSafeOnline, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Member agrees to provide all information and materials as may be reasonably required by WorkSafeOnline in connection with its transactions made via the transactional platform on WorkSafeOnline. WorkSafeOnline has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.
In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify WorkSafeOnline (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.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WorkSafeOnline 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 OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
WorkSafeOnline MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH WorkSafeOnline.
Any material downloaded or otherwise obtained through the use of the Service is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from WorkSafeOnline or through or from the Service shall create any warranty, whether express or implied.
WorkSafeOnline may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall WorkSafeOnline and its affiliates be held liable for any such services or products.
Under no circumstances shall WorkSafeOnline be held liable for an delay or failure or disruption of the Service 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.
WorkSafeOnline shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: the use or the inability to use the Service; any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through WorkSafeOnline; unauthorized access by third parties to data or private information of any Member; statements or conduct of any user of WorkSafeOnline; or any other matter relating to the Service however arising, including negligence.
WorkSafeOnline is the sole owner and lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright, trademark and other laws. All title, ownership and intellectual property rights in the Service shall remain with WorkSafeOnline or its affiliates. All rights not otherwise claimed under this Agreement or by WorkSafeOnline are hereby reserved.
“WorkSafeOnline and related icons and logos are trademarks or trademarks or service marks of WorkSafeOnline (whether registered or not); a proprietary product of Prospecta Software Pty Ltd ” and related icons and logos are registered trademarks or trademarks or service marks of WorkSafeOnline 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 and is illegal.
This Agreement and the Terms of Use constitute the entire agreement between the Registered Member and WorkSafeOnline with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
WorkSafeOnline and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
WorkSafeOnline shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of WorkSafeOnline). The Member must not assign, in whole or part, this Agreement to any person or entity.
Each Member grants to WorkSafeOnline a perpetual, world-wide, royalty-free irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
WorkSafeOnline will treat your Transaction Data as confidential information and will use it only to: facilitate operation of WorkSafeOnline solution and related services; enhance your use of the Solution and its related web pages; perform internal tracking and Solution improvement; analyze the extent to which you use the Solution (e.g., the volume and history); enable us to contact you; and process your transactions through the Solution. WorkSafeOnline uses the business contact information you provide for the same purposes, as more fully described in the WorkSafeOnline Privacy Statement.
Jurisdiction of Courts These Terms and Conditions shall be subject to exclusive jurisdiction of the courts at Gurgaon and no other court would have territorial jurisdiction with respect to the subject matter of these Terms and Conditions.