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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
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Welcome to the BuMex.in which is owned, run and maintained by BuMex Tech Pvt. Ltd, collectively referred to in this agreement as BuMex. BuMex provides access to its Websites to the public and members subject to the following terms of use. By accessing, viewing, posting, using or downloading materials from these Websites,
you agree to be bound by these terms of use and conditions. If you do not agree with these terms of use do not use this Website.
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This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use
of the BuMex.in website which is identified by the uniform resource locator www.bumex.in (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and BuMex Tech Pvt. Ltd ("BuMex ").
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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 BuMex 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.
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BuMex has provided you with the English language version of the Terms of Use Agreement, and it will govern your relationship with BuMex.
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Use of Materials on BuMex Website
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Unless otherwise specified, you may view and download the materials on the Website for your personal, informational, commercial and non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the
materials on these Websites in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial
purpose. BuMex reserves all rights to its copyrights, trademarks and other intellectual property.
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Access to the Site and certain of its features are provided to all Users free of charge. However, BuMex 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.
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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 "BuMex.in Content") for the purpose of re-selling or re-distributing the BuMex.in Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BuMex, or otherwise commercially exploiting the BuMex.in Content. Systematic retrieval of BuMex.in 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 BuMex.in is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
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Membership Subscription Agreements
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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 BuMex or another BuMex 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 log-in access to its own Account.
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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 BuMex 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.
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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 BuMex. BuMex 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.
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No sales agency relationship is created between any User and BuMex, our affiliates, directors, officers or employees by virtue of BuMex.in's display of any of the User's information on the Site.
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Each User hereby represents, warrants and agrees to (a) provide BuMex 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, sublicensable (through multiple tiers) license to BuMex to display and use all information provided by such User in accordance with the purposes set forth in this Agreement.
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Certain Services are offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
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BuMex shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity.
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Services under paid Membership Subscription Agreements ("Agreements") are available to corporations, other business entities and individuals that have signed their acceptance of this Agreement and have provided the information requested on the Membership Subscription Agreement form. These individuals and entities known as "Paid Members" represent that they are legally permitted in their jurisdiction to enter into agreements for the purchase of the services offered by the BuMex website and that they are also legally able to offer goods and services in accordance with those that they may quote on via the BuMex.in marketplace. Memberships are for the purchased amount of users only, and may not be shared within an organization. BuMex reserves all rights as to the granting of a Paid Membership Subscription. Prior to utilizing the BuMex websites, Paid Members are required to complete their Profiles with accurate and current information.
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Membership fees are non-refundable. Annual membership fees that are paid monthly by credit/debit card, debit order or another basis will be considered delinquent if those fees are not received within ten (10) or more business days from your scheduled payment date. In this instance, BuMex reserves the right to suspend your service and to bill the balance of your remaining membership obligation. Additionally, BuMex is entitled to recover any sums expended in connection with the collection of delinquent amounts, including reasonable attorney's fees. Service may be restored once the complete membership obligation has been paid. The contract expiration date will not be extended to cover any time your service was suspended. If the original credit/debit card provided for the purposes of monthly billing expires prior to the payment of all obligated monthly installments, you agree to provide a new form of payment prior to the expiration date. In addition, if you change banks while paying for membership services using a debit order or other form of payment, then you agree to provide the necessary information in order to fulfill your payment obligations.
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Your Paid Membership Subscription will automatically renew unless you send an email to subscription@bumex.in during the final month in which you wish to be a member indicating your desire not to renew. BuMex recommends that you print and date a copy of these Terms of Use for your records.
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Termination
We may terminate your membership including Paid Membership and delete your data immediately if you breach any clause of this Terms of Use Agreement and / or our Privacy Policy. We may also terminate your membership if we are unable to verify or authenticate any information you provide to us. You may terminate your membership by sending us a notice a subscription@bumex.in. Termination of your membership does not relieve you of any financial obligations due under any Paid Membership Subscription or to fulfill contractual obligations to other members of BuMex.
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Use of Downloadable Software
Any software that may be downloaded from these Websites are licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, BuMex and its licensors reserve all intellectual property rights, title and interest in such software.
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Partner and other Third Party Descriptions
These Websites contain information concerning various third parties (often referred to as "partners") who offer products or services compatible with BuMex products and services. This information is provided for your convenience only. BuMex is not responsible for and does not warrant any third party product or service or the accuracy of any description. |
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Some of the BuMex.in Content displayed on this Site is provided or posted by third parties ("Third Party Content"). BuMex 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. BuMex 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, BuMex 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. |
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BuMex reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject BuMex to liability, violates this Agreement or is otherwise found inappropriate in BuMex's opinion. BuMex 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, BuMex 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 BuMex shall not be liable for damages or results thereof and User agrees not to bring any action or claim against BuMex for such disclosure. In connection with any of the foregoing, BuMex may suspend or terminate the Account of any User as BuMex deems appropriate in its sole discretion. User agrees that BuMex shall have no liability to User, including no liability for consequential or any other damages, in the event BuMex takes any of the actions mentioned in this Section, and that User agrees to bear the risk that BuMex may take such actions. |
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Links to Other Websites:
BuMex provides certain links to other websites as a convenience to you. BuMex does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. BuMex is not responsible for the content of any site that may be linked to from BuMex Websites.
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Disclaimer of Warranty
Information on this Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. BuMex may make changes and/or improvements in the products and/or programs described on its Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND BUMEX, ALL MATERIALS PROVIDED ON ITS WEBSITES ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
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Limitation of Liability
IN NO EVENT SHALL BUMEX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA LOSS OR DATA USAGE INCLUDING PERSONAL INJURY OR DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, ITS WEBSITES OR ANY OTHER HYPERLINKED WEBSITES, EVEN IF BUMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF A PAID SUBSCRIPTION MEMBERSHIP, THEN IN NO EVENT SHALL BUMEX’S TOTAL CUMULATIVE LIABILITY EXCEED THE PAID MEMBERSHIP FEE ASSOCIATED WITH THE PAID SUBSCRIPTION MEMBERSHIP. |
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| 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 BuMex or through or from the Site shall create any warranty not expressly stated herein. |
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Indemnification
You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys' fees) resulting from your use of the BuMex Website; from your breach of any provision of the Terms of Use, Privacy Policy or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.
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Release
BuMex does not involved in Member-to-Member transactions, in the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the BuMex Website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.
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User Submissions/ Messaging
You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. BuMex may, but is not obligated to, monitor or review any areas on this Website where users transmit or post communications. BuMex will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise. BuMex and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. BuMex and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of BuMex or its Website who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of BuMex administrators and moderators. BuMex may also prohibit users or members from utilizing this Website if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.
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Export control
By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any national or resident or any country embargoed or restricted by the India. (ii) To any person or entity who has been prohibited from participating in India export transactions by any agency of the Indian Government. You are also agreeing not to download, transfer, export or re-export BuMex products, technology or software to your customers or any intermediate entity in the chain of supply.
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Applicable Laws
This Website is controlled by BuMex Tech Pvt Ltd. from its office in New Delhi, India. BuMex makes no representation that materials at its Websites are appropriate or available for use outside of its locations in the India, and access to them from territories where its contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the government of India. Any dispute arising out of or in connection with the use or access or otherwise related to its websites shall be finally settled by a competent court in the NCR region.
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In addition, your use of the BuMex website represent your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Websites, and that your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing, unfair competition, Competition Act / The MRTP Act / Antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to Competition Act / The MRTP Act / Antitrust laws, and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any Competition Act / The MRTP Act / Antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via this Website
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Buyers and Suppliers
Buyers including Corporations, Engineers, Sourcing Professionals and all others registering as Buyers and sourcing on BuMex represent that they are the owners of the intellectual property placed on the BuMex Website for sourcing or that they have the full authority to do so.
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| Suppliers and all others registering as Suppliers and providing quotes on BuMex further represent that they will respect the intellectual property of the Buyers including abiding by the confidentiality agreements and non-disclosure agreements specified by Buyers. |
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| Paid Members also agree that they receive membership accounts in their own name or their companies name and that these are single user accounts which may not to be used by multiple persons. Named companies may transfer accounts in the event that an employee originally assigned an account is no-longer in that position due to reassignment or no-longer works for the company. Companies purchasing a multi-user account may utilize their accounts for named users only. |
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| Buyers, Suppliers and Individual users are responsible for performing their own due diligence on one another prior to soliciting quotes or providing quotes or awarding work and transacting business. This due diligence may take forms not provided by the BuMex Website. |
| Through the Site, BuMex.in provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. BuMex does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, BuMex does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or 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. |
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| 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 or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-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 or 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 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. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that BuMex 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.
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| 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. |
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Service warranty
The use of the BuMex Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that BuMex is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore BuMex reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.
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| BuMex reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. BuMex further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by BuMex. |
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Notices
You shall provide any required notice to us by e-mail to subscription@bumex.in. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).
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Other General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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| Intellectual Property Rights |
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BuMex is the sole owner or lawful licensee of all the rights to the Site and the BuMex Content. The Site and BuMex.in 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 BuMex.in Content shall remain with BuMex, its affiliates or licensors of the BuMex Content, as the case may be. All rights not otherwise claimed under this Agreement or by BuMex are hereby reserved. |
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| “BUMEX", "BUMEX.IN" and related icons and logos are registered trademarks or trademarks or service marks of BuMex Tech Pvt Ltd, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. |
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Changes to these Terms of Use
BuMex may at any time revise these Terms of Use by updating this posting and without directly informing you. You are bound by any such revisions. BuMex reserves all rights pertaining to its Websites. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the BuMex website.
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| Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. |
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| This Terms of Use Agreement was last Updated in July 2011. |
