IndiaE-Commerce.com

Definitions

“You” refers to the user of this website and its related services, and as such you have the right to use this website by respecting the applicable Terms of Use described herein.

Vanguard Seas, Inc. (hereinafter, “Vanguard Seas”) is the sole and exclusive owner and operator of www.indiae-commerce.com (this website).

As used in this Agreement, “we” and “us” means Vanguard Seas or any successor or assign of Vanguard Seas.

“Service(s)” refers to your use of www.indiae-commerce.com for any purpose whatsoever.

Overview

This Terms of Use Agreement (hereinafter, “the Agreement”) sets forth the terms and conditions which apply to your use of the www.indiae-commerce.com website and all services offered by Vanguard Seas. By completing the subscription process you are indicating that you agree to the conditions of use of this website and by all the terms in this Agreement. Please print and keep a copy of this Agreement for your records. By completing the subscription process, you also agree that the English version of this agreement found on this website shall be the only legally binding version of this agreement to the exclusion of all other translations.

We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes shall become effective upon notification, which we may effect by sending you notice by email or by posting a revised Agreement on this website, which you can access at any time using the “Terms of Use” link. Your continued use of our service after notification of such a change has been sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.

Eligibility

You must be 18 years of age or older to visit or use this website in any manner. By visiting www.indiae-commerce.com or accepting these Terms of Use, you represent and warrant to Vanguard Seas that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Vanguard Seas that you will use this website in a manner consistent with any and all applicable laws and regulations.

Securities Brokerages Prohibited from use of this service

Vanguard Seas and www.indiae-commerce.com do not permit the use of www.indiae-commerce.com for the profiling of Securities Brokerages or Securities Brokers no matter their domicile. Neither does Vanguard Seas and www.indiae-commerce.com permit the direct or indirect “trade” or “trading” of Securities as defined by the Ontario Securities Act. Any such posting represents the unauthorized use of this website.

As is the industry standard, Vanguard Seas and www.indiae-commerce.com do not review each profile (or any posting on www.indiae-commerce.com) as for its content, but rather exercise due diligence in the use of keyword flagging technology to warn the administrator of possible content deemed not permitted or inappropriate to Vanguard Seas and www.indiae-commerce.com. Vanguard Seas and www.indiae-commerce.com shall delete in whole, or in part, any profile or any material whatsoever that violates this subsection regarding eligibility if and when such a violation is brought to their attention through keyword flagging technology or complaint by a third party. Notwithstanding, and not so as to limit the generality of the foregoing, any unauthorized use of www.indiae-commerce.com that contravenes this subsection which escapes detection by Vanguard Seas, www.indiae-commerce.com, the administrator, or the employees and agents of Vanguard Seas shall not be considered a “trade” or “trading” as defined under the Ontario Securities Act but null and void and the unauthorized and unpermitted act of a person, company, or entity violating the terms of use of this site for which they admit full and sole responsibility and for which they hold the aforementioned (Vanguard Seas, etc.) harmless and whom they completely indemnify for any damages flowing therefrom.

Privacy of Information

The Personal Information Protection and Electronic Documents Act (hereinafter, “the Act”) regulates the way private sector organizations within Canada collect, use, keep, secure and disclose personal information. This website collects business information, but, in the event that it collects personal information as defined by the Act, said information and its use shall be governed by the Act. In the event that users of this website inadvertently leave personal information on this site, they do so at their own risk and agree to fully indemnify Vanguard Seas if such information is misused or causes the user damages.

“Personal information” as defined by the Act means all information about an identifiable individual. Vanguard Seas recognizes the importance of privacy and recognizes the sensitivity of personal information collected by us or inadvertently given to us by you in the course of offering our service but you provide said information (both that which is solicited by us and that which you may leave inadvertently on the website) at your own risk and agree to fully indemnify Vanguard Seas for any damages flowing therefrom.

Vanguard Seas may also use third-party companies to provide various services (including, but not limited to instant messaging and advertising) when you use this website. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third party companies, and we may use business and personal attributes that you provide in your public business profile to display relevant ads to you. Vanguard Seas is not responsible for the privacy practices of these third party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website.

Notification of use of Google cookie

Vanguard Seas incorporates a cookie written and modified from time to time by Google, Inc. that collects anonymous traffic data in Vanguard’s code on www.indiae-commerce.com. As required by Google to use its Google analytics software package [hereinafter, “the Service”], Vanguard and www.indiae-commerce.com do not (and will not allow any third party to) use the Service to track or collect personally identifiable information of Internet users, nor will Vanguard Seas or www.indiae-commerce.com (or will they allow any third party to) associate any data gathered from www.indiae-commerce.com (or such third parties’ website(s)) with any personally identifying information from any source as part of Vanguard Seas’ or www.indiae-commerce.com's use (or such third parties’ use) of the Service.

If we change our privacy policy, we will notify you.

If you have any questions with respect to our policies concerning the handling of your business or personal information, or if you wish to request access to, or correction of, your business information or personal information under our care or control, please contact our Privacy Officer at administrator@indiae-commerce.com.

By agreeing to the terms and conditions of this Agreement, you acknowledge that

(a) we cannot ensure the security or privacy of any information you provide through the Internet and your email messages and you release us from any and all liability in connection with the use of such information by other parties;

(b) we cannot ensure the security or privacy of any information you post on this website and you release us from any and all liability in connection with the use of such information by other parties;

(c) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

(d) we cannot assume any responsibility for the content of messages sent by other users of this service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of this service.

(e) any information left on this site may be accessible to systems administrators or contractors anywhere outside Canada.

You may not use this website, its services, or the services of third party links found on this website for any unlawful purpose. If you use this service unlawfully, we reserve the right to pass along all information to law enforcement. We may refuse to grant you an ID that impersonates another business, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

You agree to receive occasional advertising from www.indiae-commerce.com and Vanguard Seas, Inc..

User Agreement

This Agreement constitutes your agreement with Vanguard Seas with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

(a) You will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

(b) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any other person;

(c) You will not post messages, pictures or recordings or use the Service in any way which

(i) violates, plagiarizes or infringes upon the rights of any third party. Including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

(ii) is fraudulent or otherwise unlawful or violates any law; and

(d) You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, Vanguard Seas systems or to other members’ systems in any way.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation, profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

No responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

Security

Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

Making Claims of Copyright Infringement

If you believe that any material or content distributed by Vanguard Seas constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on your website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT SHALL APPLY THROUGHOUT THE WORLD. YOU UNDERSTAND AND AGREE THAT YOU USE www.indiae-commerce.com AND ITS RELATED SERVICES AT YOUR OWN RISK. VANGUARD SEAS’ SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

VANGUARD SEAS PROVIDES ON-LINE BUSINESS PROFILING SERVICES AND TOOLS TO BUSINESSES, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE www.indiae-commerce.com WEBSITE AND OTHER MEANS OF DISTRIBUTION. VANGUARD SEAS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON www.indiae-commerce.com. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY VANGUARD SEAS IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY VANGUARD SEAS AND www.indiae-commerce.com, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE WILL VANGUARD SEAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY VANGUARD SEAS AND www.indiae-commerce.com AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE VANGUARD SEAS SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE www.indiae-commerce.com WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER VANGUARD SEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.

Indemnity

The indemnity provisions of this agreement shall apply throughout the world. You hereby agree to indemnify, defend and hold harmless Vanguard Seas and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. Vanguard Seas reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Miscellaneous

This Agreement represents the entire agreement between you and Vanguard Seas regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario, Canada. As a condition of using Vanguard Seas’ services, each user agrees that any and all disputes and causes of action arising out of or connected with Vanguard Seas’ services or www.indiae-commerce.com, shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of www.indiae-commerce.com must be filed with one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Vanguard Seas. Vanguard Seas may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given upon sending, if transmitted by facsimile or email upon sending, if sent by certified or registered mail, upon return receipt requested.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you or regular mail to you, for the purpose of informing you of changes or additions to the Service, or of any Vanguard Seas-related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

Copyright Vanguard Seas, Inc., 2009.