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    Terms of Use / Terms of Service

    This Terms of Use Agreement (The "Agreement") describes the terms and conditions applicable to your use of the Buyers Cloud web site, which is identified by the uniform resource locator   www.buyerscloud.com  (the "Site"). This Agreement is entered between you as the user of the Site (the" User") and Buyers Cloud ("BuyersCloud.com").

    1.Application and Acceptance of Terms and Conditions.

    1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by Buyers Cloud or its affiliate. A User includes the person using this Site and any legal entity, which may be represented, by such person under actual or apparent authority.

    1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. 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.

    1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency 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 inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Buyers Cloud and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.

    1.4 Buyers Cloud 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 was last amended on April 1, 2009. Posting by Buyers Cloud of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Buyers Cloud.

    1.5 Buyers Cloud Role
    Buyers Cloud creates only a Platform   for Buyers, Customers, Suppliers, Prospects and Partners for effective Collaboration and Networking.  Buyers, Customers, Clients can post their   Buyers lead and Sellers, Suppliers, Partners and Service Providers can post their Selling Leads along with the Products  , Solutions and Services they offer to buyers.   Sellers, Suppliers and Service Providers can be get rated by Customers, Clients and Buyers by a Proper Vendor Rating System and it can be an input to Buyers   and Customers to Choose a right Seller, Supplier.  More over Buyers Cloud   incorporated only those Countries, complying with WCO (World Customs Organizations) SAFE Framework Of Standards (SAFE FoS) in the Network to Facilitate Secure Trade and reliable networking between Sellers, Suppliers, Partners and Buyers. Buyers Cloud simply connect a right  Buyer, Customer , Client  with Sellers, Suppliers and Partners though a single window platform  in a Collaborative way. Buyers  has to thoroughly  check Sellers ratings , collaborate , can discuss with the community for a recommendation  before going for a final trade/ purchase of Products, Solutions and Services  from the Supplier and Seller. The Actual trading and billing transaction for  the Products  , Solutions and Services  is beyond the scope of Buyers Cloud functionality

    1.6 Safe Trade Policies

    Follow Individual Countries Safe Trade Policies

    http://en.wikipedia.org/Vikki/Safe _trade#Support
    Safe trade is a slogan advocated by Green peace in its desire to "green" the World Trade Organization and the Doha Development Round. It is designed to compete with "free trade" as a concept.
    Safe trade is generally seen as a single framework of rules worldwide to drastically inhibit the flow of alien organisms (e.g. Genetically modified organisms, imported animals) across the borders of eco regions, to preserve their natural wild bio diversity. It seeks to prevent ecological disasters caused by imported organisms or untested genetic technologies, and to augment and increase local natural capital by encouraging soil remediation, precision agriculture, and local consumption of the native species, rather than imported organisms and heavy use of pesticides.
    If any Seller Violating individual Safe Trade Policy  has to undergo and face legal obligations imposed by such countries . Buyers Cloud will not take any responsibility  for involving in such disputes. Sellers are not supposed to list  only those Products, Solutions and Services  in the Buyers Cloud  which are legal to trade across Countries  as per individual Country Rules

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    2.Premium Services.

    2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Buyers Cloud reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.

    2.2 Buyers Cloud reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of Buyers Cloud user community.

    3.Users Generally

    3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Buyers Cloud Content") for the purpose of re-selling or re-distributing the Buyers Cloud Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Buyers Cloud, or otherwise commercially exploiting the Buyers Cloud Content. Systematic retrieval of Buyers Cloud Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Buyers Cloud is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

    3.2 Some of the Buyers Cloud Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Buyers Cloud is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Buyers Cloud is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Buyers Cloud is not responsible for the conduct of any User'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 User's conduct.

    3.3 Buyers Cloud may allow Users access to content, Products  , Solutions 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 of such sites. User acknowledges that Buyers Cloud has no control over such third party's web site, does not monitor such sites, and Buyers Cloud shall not be responsible or liable to anyone for such web site, or any content, Products, Solutions and Services made available on such a web site.

    3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.

    3.5 Buyers Cloud reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Buyers Cloud be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

    3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Buyers Cloud and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

    3.7 We urge that you read Buyers Cloud’s   Privacy Policy which governs the protection and use of each User's information in the possession of Buyers Cloud and/or its affiliates. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Buyers Cloud may change the Privacy Policy from time to time provided that Buyers Cloud shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy, which is then displayed on the Site at the time of such use.

    3.8 As a condition of your access to and use of Buyers Cloud, you agree that you will not use the Buyers Cloud service to infringe the intellectual property rights or other legitimate rights of others in any way. Buyers Cloud will in appropriate circumstances terminate the accounts of Users who are repeat infringes of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, Buyers Cloud reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Buyers Cloud service, or if Buyers Cloud believes that User's conduct is harmful to the interests of Buyers Cloud, its affiliates, or other users, or for any other reason in Buyers Cloud  's sole discretion, with or without cause.

    4.Registered Users

    4.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to Buyers Cloud or another Buyers Cloud group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for login access to its own Account.

    4.2 A web-based email account with limited storage space may be assigned to the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message

    4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Buyers Cloud and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

    4.4 By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize Buyers Cloud and its affiliates to share such information with other Users.

    4.5 Buyers Cloud or its affiliates may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Buyers Cloud  's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Buyers Cloud has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Buyers Cloud believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Buyers Cloud  's other Users, or Buyers Cloud or its affiliates.

    4.6 The Registered User shall not use the Email Account for junk mail, chain letters or spanning or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

    4.7 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Buyers Cloud. Buyers Cloud may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

    4.8 Notwithstanding Section 4.1 above, Buyers Cloud may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

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    5.Users Who Post Information on the Site

    5.1 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. Your status as a Registered User is governed by the provisions of Section 4 above and any terms and conditions applicable to the relevant Premium Service.

    5.2 No sales agency relationship is created between any User and Buyers Cloud, our affiliates, directors, officers or employees by virtue of Buyers Cloud  's display of any of the User's information on the Site.

    5.3 Each User hereby represents, warrants and agrees to (a) provide Buyers Cloud with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend 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 Buyers Cloud 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.

    5.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets 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 Buyers Cloud or authorizes Buyers Cloud 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, Solutions and Services   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 Buyers Cloud or authorizes Buyers Cloud to display does not, and that the Products, Solutions and Services   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, export and distribute the Products, Solutions and Services   it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those Products, Solutions and Services   violates no Third Party Rights.

    5.5 Each User hereby represents, warrants and agrees that information submitted to Buyers Cloud 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;
    • Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
    • Relate to sale of Products, Solutions and 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;
    • 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);
    • Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
    • 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 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 spanning), 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;
    • Solicit business from any Users in connection with a commercial activity that competes with Buyers Cloud;
    • 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 include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
    • Violate any provision in the Product Listing Policy.
    • Otherwise create any liability for Buyers Cloud or its affiliates.

    5.6 Buyers Cloud reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Buyers Cloud to liability, violates this Agreement or is otherwise found inappropriate in Buyers Cloud  's opinion. Buyers Cloud 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, Buyers Cloud 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 Buyers Cloud shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Buyers Cloud for such disclosure. In connection with any of the foregoing, Buyers Cloud may suspend or terminate the Account of any User, as Buyers Cloud deems appropriate in its sole discretion. User agrees that Buyers Cloud shall have no liability to User, including no liability for consequential or any other damages, in the event Buyers Cloud takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Buyers Cloud may take such actions.

    5.7 Groups & Member News Posted by Individual : You warrant to Buyers Cloud that you have the right to provide Buyers Cloud with a list of the names of your Group Members. Additionally, you warrant to Buyers Cloud that, should you choose to provide Buyers Cloudwith the email addresses of your Members, you have the right to do so.You hereby grant to Buyers Cloud a non-exclusive, non-transferable license during the term of this Agreement to use, copy and publicly display on the Buyers Cloud Site any logos or trademarked materials you specifically provide for your group to Students Cloud. for use in providing the groups service.

    Portal Users have to ensure that they are using any materail , content either in the group or in the Member News that are pertaining to them . If any third party or any company object for any content display or dispute of any content presentation for that matter, Buyers Cloud won't take any respensibility in the dispute process and that will be mere responsibility to settle the dispute betwen the compnay and the individual user who involve in such kind of activity

    6.Transactions between Buyer, Supplier , Partner, Prospects and Service Providers

    6.1 Through the Site, Buyers Cloud provides an electronic web-based platform for exchanging information between Buyer, Supplier , Partner, Prospects and Service Providers of Products, Solutions and Services . Buyers Cloud does not represent the seller or the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Buyers Cloud does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the Products, Solutions and 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.

    6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Buyers Cloud uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Buyers Cloud cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

    6.3 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, Solutions and Services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of Products, Solutions and Services , fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous Products, Solutions and Services, unlawful Products, Solutions and Services , delay or default in delivery or payment, cost mi s-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Products, Solutions and 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, Solutions and Services  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, Solutions and Services . All of the foregoing risks are hereafter referred to as "Transaction Risks.” Each User agrees that Buyers Cloud 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.

    6.4 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.

    6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Buyers Cloud (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.

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    7.Limitation of Liability

    7.1 to the maximum extent permitted by law, the features and services on the site are provided on an "as is" and "as available" basis, and buyers cloud 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.

    7.2 to the maximum extent permitted by law, buyers cloud 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, buyers cloud does not represent or warranty that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Products, Solutions and Services offered or displayed on the site does not violate any third party rights; and buyers cloud makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.

    7.3 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 results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Buyers Cloud or through or from the Site shall create any warranty not expressly stated herein.

    7.4 Under no circumstances shall Buyers Cloud 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.

    7.5 Each User hereby agrees to indemnify and save Buyers Cloud, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Buyers Cloud, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Buyers Cloud, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save Buyers Cloud, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to Products, Solutions and Services  offered or displayed on the Site. Each User hereby further agrees that Buyers Cloud is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Buyers Cloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Buyers Cloud in asserting any available defenses.

    7.6 Buyers Cloud 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:

        1. The use or the inability to use the Site;
        2. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
        3. Violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Products, Solutions and 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;
        4. Unauthorized access by third parties to data or private information of any User;
        5. Statements or conduct of any User of the Site; or Any matters relating to Premium Services however arising, including negligence.

    7.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Buyers Cloud, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Buyers Cloud service shall be limited to the greater of (a) the amount of fees the User pays to Buyers Cloud or its affiliates in the 12 months prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Buyers Cloud service must be filed within one (1) year from the date the cause of action arose.

    8.Intellectual Property Rights

    8.1 Buyers Cloud is the sole owner or lawful licensee of all the rights to the Site and the Buyers Cloud Content. The Site and Buyers Cloud 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 Buyers Cloud Content shall remain with Buyers Cloud, its affiliates or licensors of the Buyers Cloud Content, as the case may be. All rights not otherwise claimed under this Agreement or by Buyers Cloud are hereby reserved.

    9.Notices

    9.1 All notices or demands to or upon a User 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 provided by the User to Buyers Cloud, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when

        1. Buyers Cloud is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
        2. Immediately upon Buyers Cloud  's posting such notice on an area of the Site that is publicly accessible without charge.

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    10.General

    10.1 Subject to any additional agreements relating to Premium Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and Buyers Cloud with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

    10.2 Buyers Cloud and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    10.3 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.

    10.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    10.5 Buyers Cloud  's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Buyers Cloud  's right to act with respect with subsequent or similar breaches.

    10.6 Buyers Cloud shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity (including any affiliates of Buyers Cloud). The User may not assign, in whole or part, this Agreement to any person or entity.

    10.7 This Agreement shall be governed by the laws of the Buyers Cloud, Bangalore, India   Special Administrative Region without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.

    10.8 If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.

    Buyers Cloud welcomes your continuous input regarding our our services provided to you. You may send us your comments and responses by email general@medicalemperor.com or Contact Us by mail at Buyers Cloud , Subsidiary of NarBhaVee Inc , 4737 Malayan Street # 53, CA, USA 94582