THE FIRM

1)    AMRD SOLUTIONS, hereinafter referred to as ‘AS’ for the sake of brevity, is a PARTNERSHIP firm presently having its Registered Office at SAYALI APARTMENT, SAHU COLONY LANE 1, KARVE NAGAR, PUNE, MAHARASHTRA, PIN 411 052, INDIA. The firm being an partnership firm is registered with the Registrar of Firm  At MUMBAI , having Registration  Application number 4810004912423

2)    AS is not affiliated to, aligned with, in collaboration with or in any other way, or by any other means, controlled by any other firm or legal entity. AS is a sole legal entity on its own.

3)    AS, by its own means and intellectual capacity, bereft of any external support, has developed a unique business model that it considers a viable business proposition and is prepared to launch it for its business purposes. It is a stand-alone model by a stand-alone firm. AS, in its business capacity, will act as a service provider, in the nature of a separate entity, to those legal entities that wish to avail of its services. Those provided with this service by AS wilt be provided with this contract and will enter into a service arrangement for a negotiated price, having accepted the terms and conditions of this contract. The service receivers, upon attesting and confirming this contract, will be termed as “Users”. The User will be an entity competent, under existing Indian law or any modification applicable in future, to contract.

4)    AS has applied to the Registrar of Trade Marks, Mumbai, under Application Number ……. For registering AMSD S as a trade mark. The trade mark, if granted, will be jointly owned by the four partners of AS.
 

THE BUSINESS MODEL

5)    AS has developed a unique service platform for use by its potential customers. The platform is the sole property of AS. It is available for ‘use’ only by the Users, for a consideration that is negotiated depending on the extent and nature of the service provided by AS. The contract, though inviolable, would be catered to each individual Users particular requirements in terms of pricing, duration of the contract, special features, bandwidth, exposure, and other details to be decided between AS and the User, and such particular requirements will form an indivisible part of this contract, being Annexure ‘A’.

RULES AND REGULATIONS

6)    ENTERING INTO this contract with AS entitles the User to only a service by AS, and does not confer, either implied or otherwise, any other right to the User over the assets owned by AS, whether such assets be physical, virtual, definable or undefinable, intellectual, immediate or remote. This contract entitles the User only to limited ‘USE’ of the facilities provided by AS.

7)    The major asset owned by AS are herewith termed as THE PLATFORM. This Platform is under the sole control of AS. The physical components of the Platform are the exclusive property of AS. All software, paraphernalia, attachments, applications, inputs for control, hardware, housing, supplies and security are, and will continue to be the sole preserve and property of AS. This being the case, and with the business model allowing the introduction od software inputs from the Users, it is incumbent on the User to ensure that the assets of AS, as well as that of the interests of the other Users, are thoroughly protected from any harm, either physical or virtual. AS reserves the right to test, approve or reject, any input from any User if AS deems it fit or unfit for use. AS will be the sole discretionary authority in this regard and will not be subjected to any further scrutiny.

8)    AS has the fundamental duty to protect its own interests as well those of its bonafide Users.

9)     AS’s Platform will operate as a form of ‘Match-Making’ apparatus. Registered Users will meet on this virtual Platform, and conduct business negotiations exclusive of the knowledge or interference from AS. AS will never be part of any deal between the Users and will, therefore, not be liable for any contract between the Users. This distancing g will include, but not be limited to, performance of contracts, disputes between the Users, legal actions or financial transactions.

10) USERS WILL BE CATEGORISED as negotiated with AS because each User will have its own unique requirement and AS is so positioned to provide specialised service. LEADING SUPPLIER will benefit from priority listing within its chosen category, thereby enabling ‘FIRST SIGHT’ positioning and visibility.

11)  STAR SUPPLIER provides the User an additional service giving the User the benefit of increased business leads and enquiries.

12)  TRUSTSEAL is obtained by the User on completion of verification of business related documents and information. NOTE: WE ARE NOT HAPPY WITH THIS CLAUSE BECAUSE AS WILL, BY AUTHORISING, GET INVOLVED IN LITIGATION BY IMPLICATION.

13)  MAXIMISER is a feature that allows the User to access and use special features that enable a higher return on investment.

14)  VERIFIED USER is a term accorded to a User after AS has verified the existence of a bonafide User in terms of the User’s physical address, Name of the User/s, telephone numbers, including landline and mobile, e mail address and other co-ordinates to ensure genuineness. However, AS’s responsibility will end with this verification and AS will not be responsible for any change or mischief thereafter, unless it is brought to the notice of AS.

15)  AS are the sole proprietors of the legend <coldstorage$u.com>, a website address. This address will be made available to registered Users only. AS will provide the rules and regulations for Users to avail of the said website and AS reserves the right to change, modify, add or remove any of the said rules and regulations that AS feels will benefit its Users.

16) AS lays special emphasis on the regulatory use of its services. It is incumbent upon the Users to abide by the law as it exists now or in the future. Special emphasis is laid on the total exclusion of material that is restricted under The Indian Penal Code, 1860, The Information Technology Act, 2000, POSCO 2012. In other words, the website is not to be used for purposes of political propaganda, hate campaigns, sedition material, defamation and libel, religious disseminations, pornography, personal prejudices, or any other purpose other than purely legitimate business purposes.

17)  AS reserves the right to ban and remove, without notice, any such material as AS deems derogatory, and also the right to report such instances to the authorities. AS will not be responsible for consequences that may visit upon such User and will provide assistance for action if found necessary.

18)  AS is particularly interested in maintaining a professional and ethical website. To fulfil and further that vision, AS will continuously monitor, to the best of its capabilities, and with the assistance of third parties, including the Users, the content that the Users are to load on the website.

19) It is obvious that the content displayed on the Platform will be produced by the Users and AS will have little or no control over the content so produced. The content will reflect the business of the User and will be beyond the business understanding of AS. To protect the interests of AS and of the other Users, if found necessary, AS will, at the cost to the selected User, indemnify AS against any inflammatory material that may be displayed by a User. It is mandatory that each User completes due diligence on its content before display on the Platform.

20)  No user will display, nor a buyer ask for any goods or services that lie in conflict with Indian laws. The validity or otherwise of such products and services will be the sole responsibility of the Users and their clients.

21) AS will issue connection links to the Platform Users. Such links will remain the property of AS at all times, and will be subject to withdrawl, unilaterally and without notice, if AS determines any infraction on the part of the User. AS has every right to maintain the integrity of its Platform,

22) AS recognises that its Platform will be used by its Users for business contacts and would therefore entail linkings with third parties on various websites and other virtual media. However, it is clearly understood that such contacts do not, in any fashion, involve AS. AS, therefore is totally absolved from conflicts that may so arise.

23)  TERMINATION. AS understands that business proposals and acceptances are the soul of contracts and confirms that it will abide by its promises. However, in case of conflict, AS may be forced to terminate the facilities accorded to the User. While AS will not wish to put a User to any further losses, AS reserves the right to determine if, and how much, of the contractual fees need to be refunded to the User. AS will deal with this situation fairly and justly.

24)  AS will display on its website and Platform details of the terms and conditions for the User to study. The User is expected to peruse the same and to agree to the same. AS may, from time to time, modify the said terms and conditions and will keep the Users aware of the same by means possible.

25) REGISTRATION. Registration, by means of website confirmation (HOW DOES THE USER MAKE PAYMENT???? DETAILS OF PAYMENT, EG BANKING DETAILS WILL BE NECESSARY), or other means of communication will mean that the User has read and accepted, and agreed to abide by the Terms and Conditions of the contract. The right of Refusal lies solely with AS and AS is not obliged to furnish any explanation for such action. The Platform is the property of AS and AS is duty bound to protect its integrity.

26) TRANSACTION RISKS, As detailed above in Paragraph …, the Platform is solely a platform where buyers and sellers meet. AS cannot and will not be liable, either to a buyer or a seller, OR to multiple buyers and sellers for any inter-business problems or causes of friction. Both, buyers and sellers are duly informed of AS’s position as being that of a facilitator standing at ‘Arm’s Length’.

27) FORCE MAJEURE, While AS is duty bound to protect the integrity of its Platform, it is equally duty bound to maintain the Platform in proper function on a 24/7 basis. AS understands the need to provide excellent service to the Users, its clients, not only to enhance the business of its clients but also to maintain AS’s reputation as reliable service provider. However, there is the possibility of circumstances being beyond the control of AS, such circumstances being commonly referred to as ‘ACTS OF GOD’. Under such circumstances AS will not be responsible to its Users and their clients in any manner whatsoever. It shall, however, be incumbent on the part of AS to restore services with all possible haste so as not to inconvenience its Users.

28)  EYES WIDE OPEN CLAUSE. All Users of the Platform, whoever they may be or whichever entity they represent or are associated with, are entering upon and using the services afforded by AS’s Platform with full knowledge of he terms and conditions that such use entails. It is not the intention of AS to in any way restrict free and fair exchange on its Platform. Far from it, AS wishes to se  its Users prosper and grow, BUT AS needs to be proactive in terms of necessary protection of its own business interests.

29)  COMMUNICATIONS. For the sake of convenience, all correspondence of any nature whatsoever, but pertaining to AS and its Platform, must necessarily be deposited with the Registered Office of AS at, SAYALI APARTMENT, SAHU COLONY LANE 1, KARVE NAGAR, PUNE, MAHARASHTRA, PIN 411 052, INDIA. A receipt, if required, will be issued.

30) COOKIES. All Users of the Platform, whoever they may be or whichever entity they represent or are associated with, acknowledge that accessing <coldstorage$u.com> through the Service may result in a “cookie” being placed on your computer system/Laptop or Mobile/Tablet. Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. It is your responsibility to disable or restrict the placement of cookies through whatever procedures are available on your browser if you don’t want them placed on your computer system.

31)  JURISDICTION. AS has its Registered Office at SAYALI APARTMENT, SAHU COLONY LANE 1, KARVE NAGAR, PUNE, MAHARASHTRA, PIN 411 052, INDIA. If there are matters of dispute that cannot be sorted out and settled amicably and should be necessarily referred to a court of law, the Jurisdiction of such court of law will be Pune, and is necessary by extension, Bombay (Mumbai).

32) AS is a partnership concern and is registered under ………………………… in Maharashtra. It is subject to the laws as applicable in The Union of India , and will be governed by the same as of this date, and with any law applicable in the future. It retains the right to sue under the said laws and within the said Jurisdiction.

33)  EXTRA TERRITORIAL CONCERNS. Users of the AS Platform, other than Indian entities, will be solely subject to Indian Laws and no other. Appropriate caution needs to be observed by such foreign entities and AS will assume that due diligence is performed by the party concerned.

34) DISCLAIMER. By using or accessing the Website, users agree with the Disclaimer without any qualification or limitation. This website is only for the purpose of providing information regarding cold storage services and properties in different geographies. <coldstorage$u.com> cold storage provider or agent or channel partner, <coldstorage$u.com> is a cold storage services service providers marketing website registered under AMRD SOLUTIONS. Any information which is being provided on this website is not an advertisement or a solicitation. The information regarding cold storage services and properties provided herein have been collected from publicly available sources, and is yet to be verified as per guidelines (The Directorates of Agricultural Marketing and Inspection in State Governments and Govt., of India are regulating cold storage industry under Cold Storage Order, 1980, promulgated under Essential Commodities Act, 1955 all over India except in the States of UP, West Bengal, Punjab and Haryana and provisionally in Bihar). Further, the company has not checked the license, permissions and registration status of the cold storage services providers listed herein. The company does not make any representation in regards to the compliances done against these services. The Websites and all its content are provided with all faults on an "as is" and "as available" basis. Please note that you should make yourself aware about the The Directorates of Agricultural Marketing and Inspection in State Governments and Govt., of India are regulating cold storage industry under Cold Storage Order, 1980, promulgated under Essential Commodities Act, 1955, the license, permissions and registration status of the listed cold storage services providers. You agree to our Terms of Service, Cookie, Privacy and Content Policies.

 

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