Terms and Conditions

 

This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website (“Website”), including the related mobile application (hereinafter referred to as “Platform” and/or “Capture Life”).

Any and all use of this website is subject to and constitutes acknowledgement and acceptance of, the following terms (“Terms of Use”).

“Capture Life” may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.

1. Definitions

In these Terms of Use, the following words and expressions shall, unless the context otherwise requires, have the following respective meanings: –

1.1 “Force Majeure Event” in relation to a person or entity shall mean an event beyond that person’s or entity’s reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; disaster; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; epidemics or pandemics or quarantine restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation: breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.

1.2Capture Life content” shall mean all content or materials (including text and images) in this website, all files within this website and all data within such files, but excluding Third Party Content.

1.3 “Specific Services” shall mean those services, provided by relevant members of “CAPTURE LIFE” or through this website, which are subject to other specific terms and conditions in addition to these Terms of Use.

1.4 “Specific Terms” shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of “CAPTURE LIFE” in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant members of the “CAPTURE LIFE” in relation to such Specific Services.

1.5 “Third Party Content” shall mean those content or materials (including text and images) in this website the titles, rights and interests in or to which are not owned by members of “CAPTURE LIFE” but by the respective Third-Party Licensors (if any).

 

2.“CAPTURE LIFE” and Its Scope of Services

2.1 “Capture Life” is a digital platform which essentially performs the role of an online platform which can be utilized for Lead Generation (“Application”).

2.2 The Application and the website at www.Capture Life.io (“Website”) (collectively, “Platform”) are operated by Capture Life Private Limited (“Company”).

2.3 The Company’s role is primarily to manage the Application and its verticals such as (without limitation) facilitating payment collections, marketing, order management, enquiry management and other services to allow safe, secure and prompt transactions between the Suppliers and the Reseller (“Services”).

2.4 It is mandatory for all Users of the “Capture Life” Application to register and form an individual Account to avail all services offered by the Application.

2.5 It is hereby explicitly stated that “Capture Life” shall be an online platform serving the purpose of ________.

3. Intellectual Property

3.1 Unless otherwise expressly stated
All titles, rights and interests (including without limitation copyright) in respect of the Global Sources Content belong to “CAPTURE LIFE” and nothing herein confers on the Visitor any title, right or interest in respect thereof; and all titles, rights and interests (including without limitation copyright) in respect of Third Party Content belong to the respective Third Party Licensor, and nothing herein confers on the Visitor any title, right or interest in respect thereof.

3.2 Protection of Intellectual Rights

The Visitor expressly acknowledges that this website and the “Capture Life” Trade Content (or the Third Party Content, as the case may be) were prepared by the “CAPTURE LIFE” (or the Third Party Licensors, as the case may be) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.

The Visitor agrees to protect all copyright and other intellectual property or other proprietary rights and interests of the “CAPTURE LIFE” in or to this website.

In addition, the Visitor shall honor and comply with reasonable written requests made by the “CAPTURE LIFE” Group in connection with the protection, enforcement or exercise of the “CAPTURE LIFE”’s contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this website.

3.3 Provided however that:

The use, reproduction and distribution of such “Capture Life” Trade Content (either in hard copy or electronic form) is not done in any manner which might be competitive with the “CAPTURE LIFE” ‘s use, reproduction or distribution of content or other content similar thereto

Except as expressly permitted, Visitors to this website may not copy, reproduce, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate in any form or otherwise allow access to all or any “Capture Life” Trade Content or Third Party Content.

If the Visitor is a corporation, this provision shall apply to any subsidiary, affiliate or parent of such corporation.

 

4. Registration, Suspension and Termination

4.1 “Capture Life” hereby does not permit any of its Users to avail any of the Services on the Application without prior express registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to this binding Agreement and is strictly not transferable.

4.2 Further, “Capture Life” shall also reserve the right to terminate any/all User account and/or deny access to the Application if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Application represent and warrant that they have the right to access or use the Application. 

 

5. Modifications

“CAPTURE LIFE” reserves the right to alter or modify this website, including portions thereof, from time to time. Such alterations or modifications may include, without limitation, addition or withdrawal of features, services, data or content or changes in instructions. “CAPTURE LIFE” may also at any time suspend or discontinue all or any part of this website or the provision of updates.

 

6. Payment Policy

Payment is an integral part of an online shopping experience. All payments shall be collected through data encrypted payment options.

It is hereby expressly stated in these Terms and Conditions that in case of any failure, discrepancy or any other issue arising involving any failure of payments made by the User, “CAPTURE LIFE”, its licensors, dealers, distributors, agents or employees, or any third party involved in the creation, production or delivery of this website/application shall not be held

liable in any manner whatsoever. “CAPTURE LIFE” reserves the right to withdraw or block or limit the purchases of a User based on basis transaction history.

 

7.  No Endorsement of Third Parties

“CAPTURE LIFE” does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of: –

  • Any third-party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or
  • Any product, service, information, data or other content offered or provided by third parties in or through this website.
  • Such third-party websites and such third-party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against the “CAPTURE LIFE”, the Visitor’s use thereof or reliance thereon is solely at the Visitor’s own risk. A Visitor’s rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the Visitor and the relevant third party.

 

8. Exclusion Of Representations and Warranties

This website and the overall content are made available “as is” without any representation or warranty whatsoever, whether express or implied, including but not limited to any representation or warranty as to their performance, merchantability or fitness for any particular purpose or use; and all representations and/or warranties, to the extent capable of being excluded under applicable law, are hereby expressly excluded by the “Capture Life”, its licensors, dealers, distributors, agents and employees, and all third parties (if any) involved in the creation, production or delivery of this website and/or the overall content.

In particular, but without prejudice to the generality of the foregoing, the “Capture Life”, its licensors, dealers, distributors, agents and employees, and third parties (if any) involved in the creation, production or delivery of this website and/or the overall content, make no representations or warranties as to, and the visitor assumes the entire risk as to: –

  • Anything contained in, the performance of, or the results that may be obtained by using, this website or any of the overall content;
  • The consequences of downloading any attachment transmitted through this website
  • The quality, accuracy, reliability or suitability for any purpose whatsoever of, this website or any of the overall content; and/or
  • The standing, credit or otherwise of any person or entity mentioned in this website or in any of the overall content.

 

9. Exclusion Of Liability

In no event shall “Capture Life”, its directors, licensors, dealers, distributors, agents or employees, or any third party involved in the creation, production or delivery of this website or any of the overall content be liable for:-

  • Any direct, indirect, special, incidental, secondary, consequential, punitive or exemplary damages arising out of the use of or inability to use this website or any of the overall content (such as but not limited to loss of data, loss of business information, business interruption or delay, or loss of anticipated revenue, profits or benefits, or any economic or financial loss), whether based upon contract, tort, negligence, strict liability or otherwise, and even if they were aware of, were advised of, or ought to have known of, the possibility of such damages;
  • Any consequences of downloading or using any attachment transmitted through this website;
  • Any failure, delay, disruption or interruption in, of or to this website, howsoever caused or arising;
  • Any failure, delay, disruption or interruption in, of or to the transmission or reception of any data or information through this website, howsoever caused or arising;
  • Any defect, deficiency, breakdown or failure of any software or any equipment or system (whether or not maintained or operated by the global sources group or any other person), howsoever caused or arising;
  • Any loss, corruption, deletion or damage of or to any data or information (whether belonging to, provided by or stored by the visitor or otherwise) which is transmitted to or stored in any system or equipment (whether or not maintained or operated by the global sources group, the visitor or any other person), howsoever caused or arising;
  • Any breach, failure of performance or delay caused by a force majeure event; and/or
  • Any defects, deficiencies, errors, omissions or inaccuracies in this website or in any of the overall content.

 

10. Entire Agreement

These Terms of Use, together with any other Specific Terms relating to Specific Services (if applicable), constitute the entire agreement between the parties with respect to the subject matter hereof and thereof; and supersede any and all prior written and/or oral representations, understandings, agreements or communications between the parties regarding the subject matter hereof and thereof.

The provisions and terms of any purchase order or other instrument issued by the User shall be of no effect and the acceptance of any such order or instrument shall not in any way extend or alter these Terms of Use (or any other Specific Terms relating to Specific Services, if applicable).

 

11. Waivers

Failure of either party to insist at any time upon strict compliance with any provision herein or to seek remedy of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other rights or remedies.

 

12. Indemnity

The User(s) hereby irrevocably agree to indemnify and save “Capture Life”, 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 offered or displayed on the “Capture Life” Website or Mobile Application of otherwise. User(s) hereby further agree that” Capture Life” 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 the User(s). “Capture Life” reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User(s), in which event they shall cooperate with “Capture Life” in asserting any available defenses.

 

13. Illegality

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable (“Affected Provision”), such Affected Provision shall, to the maximum extent possible, be modified and/or replaced by an equivalent legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as possible, the original intent of the Affected Provision. If, however, such modification or replacement is not permissible, then the Affected Provision (or the modification, replacement or severance thereof) shall be deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of the Affected Provision shall not in any way affect the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

 

14. Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with and governed by the laws of India. The Visitor hereby submits to the non-exclusive jurisdiction of the courts of Hyderabad, Telangana and/or such other courts of competent jurisdiction as “CAPTURE LIFE” may in its absolute discretion deem fit.

 

15. Contact for Grievance Redressal 

If there are any complaints, grievances, etc. that is to be brought to “CAPTURE LIFE’S” attention, all such complaint, grievance, etc. is to be sent to the email information identified below which is in pursuance with the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.

 

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