User Agreement Last revised on Dec,10, 2011

 

NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

1. INTRODUCTION.

A. Purpose.

Under the roof of Katalogues the mission is to connect the business world & to be more environment friendly, productive and successful. To achieve this Mission, we make services available through our website to help you, your business links, and millions of other business enterprises to meet, exchange ideas, learn, find opportunities or deals, work, and make decisions in a network of trusted relationships and groups.

B. Scope and Intent.

You agree that by registering on Katalogues, or by using the our website, premium services, or other information provided as part of the Katalogues services (collectively “Katalogues” or the “Services”), you are entering into a legally binding agreement with Katalogue.com, E 42, ELTOP, Phase VIII, Mohali, Punjab, INDIA if you reside in INDIA or any part of world, (“we,” “us,” “our,” and “Katalogues”) based on the terms of this Katalogues User Agreement and the Katalogues  Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Katalogues user (“User”). If you are using Katalogues on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Katalogues User, do not conclude the Agreement, do NOT click “Join Katalogues” and do not access, view, download or otherwise use any Katalogues webpage, information or services. By clicking “Register,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Register,” you also consent to use electronic signatures and acknowledge your click of the “Register” button as one. Please note that the Katalogues User Agreement and Privacy Policy are also collectively referred to as Katalogues’s “Terms of Service.”

2. YOUR OBLIGATIONS.

A. Applicable laws and this Agreement You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: 1. DOs and DON’Ts; 2. Complaints Regarding Content Posted on the Katalogues Website; and 3. Katalogues’s Privacy Policy.

B. License and warranty for your submissions to Katalogues. You own the information you provide Katalogues under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Katalogues a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Katalogues, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Katalogues, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Katalogues profile information accurate and updated.

C. Service Eligibility.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 14 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Katalogues account, (3) are not a competitor of Katalogues or are not using the Services for reasons that are in competition with Katalogues; (4) will only maintain one Katalogues account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Katalogues, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

 D. Sign-In Credentials.

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Katalogues account to another party; and (5) refrain from charging anyone for access to any portion of Katalogues, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please mail Katalogues’s on this link with subject line as “Close Account for (your profile name) “from your registered mail account .

E. Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Katalogues.

F. Payment.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Katalogues storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services, please mail Katalogues’s on serviceclose@katalogues.com with subject line as “Close Service (Service name, profile name)” from your registered mail account .

G. Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

H. Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, Katalogues may place a notice banner or message across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Katalogues to an email address associated with your account, even if we have other contact information. You also agree that Katalogues may communicate with you through your Katalogues account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Katalogues account or services associated with Katalogues. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

I. User-to-User Communication and Sharing (Katalogues Groups, Answers, Updates, Company Pages, etc.).

Katalogues offers various forums such as Katalogues Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. Katalogues also enables sharing of information by allowing users to post catalogue, updates, including links to news articles and other information such as job opportunities, product company, catalogue or profile recommendations, and other content to their profile and other parts of the site, such as Katalogues Groups and Katalogues Company Pages. Katalogues members can create Katalogues Groups and Company Pages for free, however, Katalogues may close or transfer Personal Profile Page, Katalogues Catalogues or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and Katalogues cannot guarantee that other Users will not use the ideas and information that you share on Katalogues. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Katalogues Group, into your Network Updates, or elsewhere on Katalogues. KATALOGUES IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY KATALOGUES COMMUNITY FORUMS SUCH AS THE KATALOGUES BLOG, GROUPS OR ANSWERS.

J. Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Katalogues, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

K. Contributions to Katalogues

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Katalogues through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Katalogues is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Katalogues shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Katalogues may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Katalogues all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Katalogues under any circumstances.

3. YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Katalogues or its Users), view information and use the Services that we provide on Katalogues webpages and in accordance with this Agreement. Any other use of Katalogues contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Katalogues commercially unless expressly authorized by Katalogues) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Katalogues and all related items, including any and all copies made of the Katalogues website.

4. OUR RIGHTS AND OBLIGATIONS.

A. Services Availability.

For as long as Katalogues continues to offer the Services, Katalogues shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Katalogues as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Katalogues, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Katalogues further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Katalogues to be contrary to this Agreement. For avoidance of doubt, Katalogues has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

B. Third Party Sites and Developers.

Katalogues may include links to third party web sites (“Third Party Sites”) on www.Katalogues.com, and elsewhere.Katalogues also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Katalogues through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Katalogues is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Katalogues also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your Katalogues account, that application or website can access information on Katalogues related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Katalogues’s Privacy Policy.

C. Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Katalogues, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.

D. Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Katalogues may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Katalogues reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Katalogues determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

5. DISCLAIMER.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON KATALOGUES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR KATALOGUES AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. KATALOGUES DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY KATALOGUES OR ANYTHING RELATED TO KATALOGUES, YOU MAY CLOSE YOUR KATALOGUES ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

KATALOGUES IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH KATALOGUES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

KATALOGUES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, KATALOGUES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

KATALOGUES DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KATALOGUES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KATALOGUES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE KATALOGUES SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

6. LIMITATION OF LIABILITY.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Katalogues nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Katalogues Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $50, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Katalogues. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

B. Not apply to any damage that Katalogues may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

C. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7. TERMINATION.

A. Mutual rights of termination. You may terminate this Agreement, for any or no reason, at any time, with notice to Katalogues pursuant to Section 9.C. This notice will be effective upon Katalogues processing your notice. Katalogues may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Katalogues or the party paying for the services may terminate your access to any Premium Services. Termination of your Katalogues account includes disabling your access to Katalogues and may also bar you from any future use of Katalogues.

B. Misuse of the Services. Katalogues may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Katalogues messaging services; creating multiple or false profiles; using the Services commercially without Katalogues’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Katalogues, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Katalogues has adopted a policy of terminating accounts of Users who, in Katalogues’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination. Upon the termination of your Katalogues account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.

8. DISPUTE RESOLUTION

A. Law and Forum for Legal Disputes This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Punjab, INDIA regardless of your country of origin or where you access Katalogues, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Katalogues agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Mohali, Punjab, INDIA, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Katalogues agree to submit to the personal jurisdiction of the courts located within Mohali, Punjab, INDIA for the purpose of litigating all such claims. Notwithstanding the above, you agree that Katalogues shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

B. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. GENERAL TERMS.

A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Notices and Service of Process. In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings mail or courier at: Katalogues.Com ATTN: Nodal Officer, E 42, ELTOP, Phase VIII Mohali, Punjab INDIA 160055 Additionally, Katalogues accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

C. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Katalogues services, third-party content or third party software.

D. Amendments to this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Katalogues.com or notifying you otherwise. For example, Katalogues presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

E. No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Katalogues Affiliate shall be deemed legally binding on any Katalogues Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Katalogues.

F. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

G. Beneficiaries. Entities other than Katalogues Corporation and Katalogues Ireland, Limited, that Katalogues Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

H. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Katalogues Corporation for any third party that assumes our rights and obligations under this Agreement.

I. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the INDIA.