TERMs of services

"Terms of Service" of YellowBulbs.com and other services provided by Yellow Bulbs Solutions Private Limited

Last Updated on 27.05.2016

Welcome to http://medcarepillshop.com/?coupon=YbcAsdfQ/, a web based marketing marketplace platform of Yellow Bulbs Solutions Pvt Ltd

In these Terms of Services:

OVERVIEW:

YellowBulbs.com is a venue where our Registered Users use our online marketplace for finding marketing solutions and for providing marketing solutions. We provide an online marketplace that enables Buyers (Marketers) of marketing services to search for Sellers (Solution partner) of marketing services. The Website contains features that enable Marketers, and Solution Partners to become Registered Users when they sign up for a YellowBulbs Account. As Registered Users, Marketers and Solution Partners can transact business.

ACCEPTANCE:

In using this Website you are deemed to have read and agreed to the following Terms of Service set forth herein. Any incidental documents and links mentioned shall be considered to be accepted jointly with these terms. This shall include our Privacy Policy which is an exclusive document and is applicable only to those Registered Users who have registered an account on our website. These terms of service govern your use of the services available on the Site, or offered by "YellowBulbs". These Terms apply to all users of the service, including users who are also contributors of content information and other materials to the service. Any access, browsing or use of the Service constitutes your agreement to follow and be bound by these Terms without modification, and all other operating rules, guidelines, information, policies and procedures that may be published from time to time by YellowBulbs. If you do not agree to these Terms, you are not permitted to access, browse or use the Service. The Terms are personal to you, and are not assignable, transferable or sub-licensable by you. Your access to this Website and/or undertaking of a service/offering by us indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein. Your statutory consumer rights are unaffected. This agreement sets out the legally binding terms for your membership.
By accessing, browsing or otherwise using YellowBulbs.com and/or by clicking "I have read and agree to the Terms of Service and the Privacy Policy" during the sign up process, indicates your unconditional acceptance and adherence to all sections of all these Terms. Therefore we encourage you to read this agreement carefully before proceeding.

1.PAYMENT PROCESS FOR SOLUTION PARTNERS:

Currently there are no charges for signing up and creating an account. However there will be a Business Identification Fee (BIF) that will be applicable when you transact on the website under the Post a Brief Model where one offers a customized solution. Currently, it's a Pay As You Want Model, where the Solution Partner (Seller) can specify the exact % of the BIF he wants to pay for that specific transaction. This can be specified when the Solution Partner creates a Term Sheet online and sends to the Marketer (Buyer) for approval. However, when a Solution Partner uploads and sells a ready to use Brand Box solution , he agrees to pay a standard 10% of the value of the brand box that is sold.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.

2.PAYMENT PROCESS FOR MARKETERS:

Currently there are no charges for signing up and creating an account for a Marketer. There are no charges for Posting a Brief too.
Currently there is NO PROCESSING FEE currently for transactions in INR. However in case of transactions charges in Foreign currency, the bank charges for currency conversion of any related charge. This will be borne by the buyer and will be added to the cost of the services purchased.
All Payments for the transactions are routed through the RBI recommended Nodal Bank Account system for the E Commerce Marketplaces Model of online business.
When YellowBulbs launches any future product or service for the Marketers, there could be a service fee or convenience charges on those special / customized services for the Marketer.

3.APPLICABLE LAW:

This Agreement shall be deemed to have been made and executed at New Delhi, under, and in all respects shall be interpreted, construed and governed by and in accordance with laws of the Courts in New Delhi, India, without regard to its choice of law principles, and all disputes arising out of or in connection with this Agreement shall be subject to Governing Laws of the Courts of New Delhi. The place of jurisdiction shall be in New Delhi, India.

4.ELIGIBILITY:

By using this Site, you represent and warrant that you are (i) are lawfully able to accept these Terms; or (ii) over the age of 18 years; or (iii) are not suspended from using the YellowBulbs.
If you are using the Site on behalf of any other person/s (including individuals) or entity (including bodies corporate and unincorporated), you further represent and warrant that you are authorized to accept these Terms on such entity's/person's behalf, and that such entity agrees to indemnify YellowBulbs.com for violations of these Terms.The account holder is responsible for everything done with that account.
You may provide a business name or a company name, which is to be associated with the Registered User's Account. Members acknowledge and agree that where a business name or company name is associated with their Account, Members remain solely responsible for all activity undertaken in respect of their Account.
You agree that you are using these Services only for business purposes for which you are authorized.
We may, at our absolute discretion, refuse to register a person or corporate entity as a Member.

5.COMMENCEMENT OF SERVICE:

The Service shall be deemed to have commenced on the "Date of Sign Up" of service. "Date of Sign Up" is the date indicating the acceptance by the user to use the services of YellowBulbs.com.
The account is valid for on an annualized basis with an automatic renewal on an ongoing basis. However, YellowBulbs may change the terms, duration of this free account as per the change in policy if any.

6.CHANGES TO THESE TERMS:

YellowBulbs.com reserves the right to change any of the Terms of Service, contained in the Site, Terms or any Privacy Policy or guideline of the Site, at any time and in its sole discretion. Any changes will become effective immediately upon our posting to the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Service whenever you visit the Website. We may also attempt to notify you in some other way about the change in Terms. If at any time you choose not to accept these Terms, including following any such modifications hereto, then please do not use the Site.

7.YELLOWBULBS IS NOT A PARTY TO THE DEALINGS BETWEEN MARKETER AND SOLUTION PROVIDER:

YellowBulbs does not sell its own services of marketing solutions but provides a marketplace for exchange of marketing solutions/services. We provide various features like Posting of a brief, Bid, Selling of ready to use Brand Boxes, write testimonials, create detailed profile, and communicate with other members on website chat service and so on to our users. Our Services are to facilitate the exchange of Marketing Solutions.
YellowBulbs' role is limited to connect the Marketer with the Solution Partner. We may help the Marketer in selecting the best pitches submitted by Solution Partners in relation to the posting of a brief by the Marketer and selecting the most suitable Solution Partner, but such help does not create any liability on YellowBulbs as to the matters incidental thereto in relation to the services provided by Solution Partner and payments made by the parties. YellowBulbs is not responsible for the dealings between Marketer and Solutions Partner including but not limited to losses arising out of non-delivery, poor quality of delivery, partial delivery, excess delivery or late delivery of agreed deliverable, partial payment, deductions on payment, delayed payment, non payment, withdrawal of brief or pitch or, change of brief or pitch. YellowBulbs does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or legality of Marketing Services, the truth or accuracy of Briefs and summary of proposals, qualifications, background, the ability of Solution Providers to deliver Marketing Services, the ability of Marketers to pay for Marketing Services, or that a Marketer or Solution Provider can or will actually complete a transaction. YellowBulbs is not responsible if the Solution Partner decides not to participate in a Project/Work Order post winning the BID. YellowBulbs is not responsible if a Marketer decides to not participate in a Project/Work Order post accepting a BID.
But there are cases where the Solution Partner or Marketer has been labeled as "Verified by YellowBulbs" on the site. This means that the YellowBulbs has verified the existence of the company and the facts claimed about the nature of their services and their name, logo and experience is true on the date of the verification or stamping the label on the site, on a best effort basis of the YellowBulbs staff conducting the verification. We do not verify that the Marketer or Solution Partner is financially stable or legally allowed to buy or sell those services. We only verify the basic profile information that they put up during the sign up process.
We may, at our sole discretion encourage the Solution Partners to successfully submit their pitch within the deadline.
YELLOWBULBS IS NOT A PARTY TO THE DEALINGS BETWEEN MARKETERS & SOLUTION PARTNERS, INCLUDING POSTS, BIDS, BRIEFS, PITCHES, PERFORMANCE OF SOLUTION PARTNERS AND PAYMENT FOR A WORK ORDER.
Marketers, Solution Partners are independent contractors. YellowBulbs is not responsible for and disclaims any and all liability related to the actions of Solution Partners, Members, Registered Users, Third Parties and other users of the Services.
IF YOU ENTER INTO CORRESPONDENCE OR ENGAGE IN COMMERCIAL TRANSACTIONS WITH ANY USER OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE YELLOWBULBS SERVICES, SUCH ACTIVITY IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY OR INDEPENDENT CONTRACTOR. YELLOWBULBS SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH ACTIVITY. YOU HEREBY RELEASE YELLOWBULBS FROM ALL CLAIMS ARISING FROM SUCH ACTIVITY.

8.THIRD PARTY WEB SITE SERVICES, LINKS, ADVERTISEMENTS AND OFFERS:

The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. YellowBulbs is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. YellowBulbs is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall YellowBulbs be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any Third-party website should be directed to its respective site administrator or webmaster.

9.RIGHTS TO WEBSITE AND CONTENTS THEREOF:

9.(a) This Site is owned and operated by Yellow Bulbs Solutions Pvt. Ltd. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images(photographic and moving), illustrations, pitches, client lists, summary of proposals, briefs, profile information, testimonials, other information incidental thereto, software and selection and arrangement thereof (the "Content"), is owned by YellowBulbs.com.
All elements of this website, including, but without limitation, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under these Terms, or other written license or agreement with YellowBulbs.com, no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of YellowBulbs.com, its licensors or its third-party data partners. You retain all your ownership rights in any User Content you post on YellowBulbs. When you give us content, you also grant to YellowBulbs and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and YellowBulbs.com's (and our successors' and Affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels or technology. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content, only to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of these Terms. Except as expressly stated under these Terms, nothing in this Agreement confers any license under any of YellowBulbs' or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
Notwithstanding the foregoing paragraph, YellowBulbs will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you.
9.(b) Rights as to the Bids/Pitches submitted by Solution Partners which a Marketer agrees to accept by agreeing to these Terms:
The Bids/Pitches submitted by the Solution Partners will stay with the respective Solution Partners or Media Houses, until the marketer decides to buy them formally by issuing a Work Order to the Solution Partner or Media House through YellowBulbs or, until the Solution Providers or Media Houses enters into a separate contract to grant license or sub-license to use his/her pitch, with the Marketer. Once the Members enter into a formal Work Order or a separate contract as regards to the licensing/sub-licensing of the pitches, they can decide the extent of intellectual property rights they would like to exchange with each other.
9.(c) Rights as to information provided by a Marketer which a Solution Partner/ Media house agrees to accept by agreeing to these Terms:
You acknowledge that you will not divulge the knowledge that you will get about Marketers business or Marketing Objective during the process of pitching or while seeing live briefs on YellowBulbs. You will maintain confidentiality in all conditions.

10.SITE LICENSE:

Subject to and conditioned on compliance with these Terms and the other Policies on this, YellowBulbs' grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Services available and authorized from the Site. You must not access or use the Site or Services for any reasons that are in competition with YellowBulbs. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of the Site in any way for any public or commercial purpose without prior written consent of YellowBulbs or the rights holder. You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Elance's or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.

11.USING OR ACCESSING YELLOWBULBS.COM'S SERVICES:

Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on YellowBulbs to provide you any particular service or access to any Service. You agree that you will (a) provide accurate, current and complete information about you as may be prompted by any registration forms and subscription,including, but without limiting, your name, telephone number, mailing address, account and email address on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you have to provide to YellowBulbs.com, to keep it accurate, current and complete;(c) maintain the security of your password and identification; (d) notify YellowBulbs.com immediately of any unauthorized use of your account or other breach of security; (e) Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by you at your own cost. (f) Accept all responsibility for any and all activities that occur under your account including, but without limitation to information retrieved, stored and transmitted through the Service by you; and (g) accept all risks of unauthorized access to the Registration Data and any other information you provide to YellowBulbs.com. (h) You will ensure compliance with all notices or instructions given by YellowBulbs from time to time to enable the use of the Service. (i) You will provide the services and execute the Project as per agreed deliverables once you win the bid in case of customized solutions and will provide the services as per Term Sheet of the Brand Box in case of ready to use packages you sell on the website. You ca