ACCEPTANCE OF TERMS & CONDITIONS

.. Visitor (User)

... This Terms & Conditions Agreement (the "Agreement") describes the terms and conditions applicable to your use of the World e Mart web site. By accessing or using this Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a Visitor. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

... This Agreement applies to Services in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that
in the event of any conflict or .consistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or .consistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to World e Mart and/or its affiliates.

... World e Mart may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of World e Mart.

... Some of the World e Mart content displayed on this Site is provided or posted by third parties ("Third Party Content"). Neither World e Mart nor any of our affiliates, officers or employees has entered into any sales agency relationship with such third party by virtue of World e Mart's display of the Third Party content on the Site. Any Third Party content is the sole responsibility of the party who provided the content. World e Mart is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any Visitor in connection with such Visitor's reliance of such Third Party content. In addition, World e Mart is not responsible for the conduct of any Visitor's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Visitor's conduct.

... World e Mart may allow Visitors access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies' before using such sites in order to be aware of the terms and conditions of your use to such sites. Visitor acknowledges that World e Mart has no control over such third party's web site, does not monitor such sites, and World e Mart shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.

... World e Mart reserves the right to limit, deny or create different access to the Site and its features with respect to different Visitors or to change any of the features or introduce new features without prior notice. Each Visitor acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business.

... Through the Site, World e Mart provides an electronic web-based platform for exchanging information between businesses and consumers of products and services. World e Mart does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, World e Mart 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 the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

... Visitors are hereby made aware that there may be risks of dealing with people acting under false pretences. World e Mart uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We, at World e Mart encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

... Visitors are hereby made aware and informed that although World e Mart does not solicit, endorse nor promote explicit, harmful or sex-related merchandise it is advised that minor children under age of .. years do not use or participate in this site without prior parental consent.

...0 Each Visitor 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 .includes, but are not limited to, misrepresentation 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 miscalculations, breach of warranty, breach of contract and transportation accidents.

.... Such risks also .includes  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 Visitor may .ur 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 .includes 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 Visitors 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.

.... Such risks also .includes s knowing that World e Mart does not endorse any organization(s) or person(s) or attests to the accuracy, the facts, appropriateness or correct spelling of each and/or any and/or all of the words used in any and/or all the translation format of information. World e Mart is not and will not be liable or held responsible for any presentation of language spelling, definition or content of words used or demonstrated in any form of translation.

.. Advertisers

... World e Mart, . reserves the right to delete, edit, and/or remove any advertisement not in compliance to our discretion and/or opinion of any such product or service which we, at World e Mart believes to be in an offensive manner, containing exploitation, and/or of a horrific nature.

... Advertisers who are listed among free-listing are advertisement supported; therefore such listing is supported by other paid advertisers and/or links with or without any similar or associated advertisements. As a free-listing advertiser it is agreed and knowingly clarified that such advertisements may be associated with free-listing ads.

... Each Advertiser hereby agrees that information submitted to World e Mart for display on the site shall not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities.

... Each advertiser can not knowingly be part of a scheme to defraud other Visitors of the Site or for any other unlawful purpose.

... Under no circumstances can an advertiser relate to sale of products or services that 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 or privacy, or any other Third Party Rights.

... Advertisers can not knowingly or intentionally violate any applicable law, statute, ordinance or regulation (.including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing.

... It is not permitted for advertisers to be 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 minor. Although World e Mart does not solicit, endorse nor promote explicit, harmful or sex-related merchandise it is advise that minor under age of .. years do not use or participate this site without prior parental consent

... Advertiser can not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the World e Mart's content or website nor can 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.

... Advertisers can not contain 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; link directly or indirectly to or .includes descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for World e Mart or its affiliates.

...0 Advertisers 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.

.... In the event that any Advertiser and/or Visitor has a dispute with any party to a transaction, such both Advertiser and Visitor agree to release and indemnify World e Mart (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.

.... Under no circumstances shall World e Mart be held liable for any 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.

.. Intellectual Property Rights

... World e Mart is the sole owner or lawful licensee of all the rights to the Site and the World e Mart content. The Site and World e Mart content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and World e Mart content shall remain with World e Mart, its affiliates or licensors of the World e Mart content, as the case may be. All rights not otherwise claimed under this Agreement or by World e Mart are hereby reserved. It is agreed that any and all trademarks and service marks pertaining to World e Mart and World e Mart logos and product and service names are trademarks of World e Mart. You agree not to display or use in any manner, the name World e Mart or its trademarks or associated products or services without prior written notice from World e Mart Notices

... All notices or demands to or upon World e Mart shall be effective if in writing and shall be duly made when sent to World e Mart in the following manner: notices or demands shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.

.. Idemnity

... By choosing to select and use World e Mart, . you agree to indemnify World e Mart its officers, agents, partners, and employees from any and all claims or damage, .including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through World e Mart; or of your use of or connection to World e Mart; your violation of the User Agreement; or, your violation of any rights of another

... In the event that any Advertiser and/or Visitor has a dispute with any party to a transaction, such both Advertiser and Visitor agree to release and indemnify World e Mart (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.

... Under no circumstances shall World e Mart be held liable for any 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.

.. Liability & Warranties

... WORLD E MART, . AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

... We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. World e Mart, . may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.

... You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on World e Mart, .including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.

... World e Mart makes no warranty of any with respect to the information posted on this website. While World e Mart makes every effort to ensure the accuracy of the data, this website could .includes typographical errors and technical inaccuracies. In addition, photos may no represent the actual products

... You agree not to hold World e Mart liable for any loss or damage of any sort .incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on World e Mart. In addition, World e Mart does not endorse, warranty or guarantee the products or services of any seller, lender or broker, .including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on World e Mart constitutes an advertisement for credit.

..Attorney’sFees

... Should any dispute arise concerning the terms or the interpretation of this agreement, publisher shall be entitled to and be awarded reasonable attorney's fees and costs, whether .incurred for negotiation, litigation or otherwise, in addition to other relief to which it may be entitled

... Any controversy or disagreement arising out of this agreement shall be determined by, and under the Commercial Rules of the Indian Arbitration Association. The hearing on such arbitration shall be held in Cochin, Kerala India

World e Mart may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of World e Mart.