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Terms & Conditions
 
1. Defined Terms
Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
  • "Agreement" shall mean this User Agreement and shall include the User application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Illegal/Prohibited Content, Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Company may in its absolute discretion add to the Site from time to time. It shall be deemed to have been executed at New Delhi.

  • "Banner" means a service offered to a User wherein a graphic image is placed on the Site and used to advertise the product(s) and/or service(s) of the User and this graphic image is linked to the User's own website.

  • "Customized Header Catalog" is a subtype of On-line Catalogs that allow the customer to have catalog designed to his taste, however the functionalities available on the Catalog are fixed and are a part of the standardized offering.

  • "Customised Websites" is a platform for Users to showcase their products or services on the Site.

  • "Date of Termination" means the date when the User's subscription comes to an end. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.

  • "Dial B2B – Phone Search Service" means the Service by which the Company offers a FREE search through the telephone service helping prospective buyer(s) in getting details of prospective supplier(s) for their required product by email and/or sms. The User is required to call an (India) toll free number with an enquiry. A Company representative in response to the enquiry passes on the User's buying requirements and contact details collected telephonically to prospective sellers and the details of the prospective sellers to the user.

  • "Illegal/Prohibited content" means the content Hosted on the Site which is either illegal or prohibited by law or both and includes content which has been specifically set forth on the Site as such.

  • "Multilingual Service" is a part of the On-line catalog & Customized Website services. A User can also subscribe to Multilingual Service, which is a facility for the User to present his On-line Catalog or Customized Website on the Site in upto 10 different languages of his choice including English. A User may use this service to see the content of an On-line catalog or Customized Website translated in a language of their choice to be selected from the languages appearing on the web page(s)/Site. The multilingual service is based on machine translation and no guarantees can be provided about the quality of the machine translation particularly if it were compared to the translation quality if done by a human language expert.

  • "Online Catalog" is a platform wherein a User can showcase its/his products or services Online by posting on the Site the photographs and ordering information of such product and/or service. Note: Terms Online Catalog or Online Catalogue both refer to same product Online Catalog.

  • "10 Page Online Catalog" is a larger and more descriptive form of Online Catalog with multiple features and several sections offered to a User, to show case his/their products and services on the Site in greater detail.

  • "Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.

  • "Services" means the Services provided by the Company to the User of the Site and includes the following facilities:
    • Services to the User wishing to post his contact details in the Exporters Yellow Pages and/or other such directory services published in print or in other media by the Company;
    • Services to the User who wishes to advertise and gain exposure for their business through On-line Catalogs, Website Hosting and Customised Websites, Customized Header Catalog, Call Me Free, ESeller Facility, Dial B2B, Multilingual Catalogs and 10 Page Online Catalog, Trade Leads, Trade Lead Ratings and/or Banners through the Site;
    • Services to the User who wishes to insert advertisements at the Site;
    • Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp;
    • Services to the User who wishes to obtain ready to use global tender information of all major global and Indian tenders;
    • Such other or further services that may be provided by the Company and/or tradeindia.com from time to time.

  • "Site" means tradebuzzindia.in and includes any link which opens with the Site and unless repugnant to the subject and context thereof includes other websites operated by the Company.

  • "Tenders" is a service provided by the Company whereby the User can access a database that contains the latest information on tenders floated by government and private organizations all over the globe.

  • "Trade Leads" is a service provided to a User wherein a User posts information about a particular product and/or service that he wishes to procure or sell on the Site.

  • "Trust Stamp" is a paid service offered to a User wherein the User permits the Company to undertake verification of its credibility, reliability and trustworthiness in the market.

  • "User" is defined as a person whether legal or juristic, or any body corporate who makes use of the Site in any manner and includes all individuals and/or corporate members/subscribers who use the Services provided by the Site, whether or not for any payment. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User; and Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site. Each registered User is given a unique User ID by the Site.

  • "Web Hosting" is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User's business.

2. Interpretation Number, Gender and Headings
  • For the purposes of this Agreement, the term ‘host, “hosting” or derivatives thereof means and includes hosting, displaying, uploading, modifying, publishing, transmitting, updating and/or sharing of any information.

  • The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

  • Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.

  • The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Site by the User or any provision hereof in any manner whatsoever.

3. Agreement between User and Company

a. The User understands that the Company through the Site provides hosting services to its Users. All Content listed on the Site is third party User generated content which is transmitted and/or hosted on the Site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.

b. The Site is operated by Infocom Network Limited and its affiliates/associates. The Services are offered to the User conditioned on the acceptance of the User without modification of the terms, conditions, and notices contained herein. Use of the Site by a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the Agreement, these terms, conditions and notices, it/they must not use the Services.

c. Most content and some of the features on the Site is made available to Users free of charge. However, Company reserves the right to terminate access to certain areas or features of the Site to Users at any time with or without giving any reason, with or without notice. Company also reserves the universal right to deny access to particular Users to any/all of its Services and/or content without any prior notice/explanation in order to protect the interests of Company and/or other visitors to the Site. Company reserves the right to limit, deny or create different type access to the Site and its content features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

4. Amendments/Modification of Terms of Use
The Company reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the changes associated with the User of the Services and changes on account of legal and/or statutory amendments. The User is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the Agreement. All amendments become effective immediately upon our posting to the Site.
 
5. Warranties and Disclaimer
a. Company has endeavoured to ensure that all the information on the Site is correct, however Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Site. This Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Site.

b. Company does not make any representation or warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.

c. Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. of any kind about any product or services offered, displayed or hosted on the Site of its Users except to the extent that a Trust Stamp and/or Credit Report is obtained. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site.

d. Company undertakes research and investigation through a repute private agency for some of its services. The information report created from such research and investigation is only provided to you as a tool to help your business and/or as an authentication of your existence as a business entity.

e. The Company does not collect any Sensitive Personal Data/Information of a User.

f. Company conducts several phone enquiries on its Site to provide the Services, Company however does not have a mechanism to verify the credentials of these enquiries, hence buyers & sellers are advised to exercise due caution in dealing with these enquiries & finalizing business deals.

g. The Company provides the Site and Services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Site is at its own risk.

 
6. Membership Eligibility
The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company unless specifically invited by the Company. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.
 
7. Electronic Communications
a. The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User hereby agrees that all agreements, notices, demands, disclosures and other communications that the Company sends electronically including by posting on Site, satisfy the legal requirement that such communication is in writing.

b. User hereby authorises Company to contact them periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a User does not wish to receive calls/other communications from Company or its employees, they must inform Company in writing by sending an email to helpdesk@tradeindia.com.

 
8. Trade Lead Ratings
The Company encourages Users to 'rate' the companies they do business with on this e-marketplace. Trade lead Ratings are based on actual responses (positive or negative) that Users receive while transacting with various parties. Buyers rate sellers on service and product quality. In turn, sellers rate buyers based on ease of transaction, timely payments etc. The following points should be considered when rating a Trade Leads.

  • Do NOT abuse the Trade Lead Rating system. Abuse of the Trade Lead Rating system includes using the user id of another User or the Users own secondary user ids to raise the Users own Trade Lead rating or lower the rating of another Trade Lead member; or the use of threatening, abusive, racially vilifying, discriminatory or profane language. If the User's language is in any way offensive, the offended User can initiate legal proceedings against the User and shall be held liable for the comment.

  • The Company reserves the right to delete any rating without prior notice and/or at its sole discretion upon an investigation into the rating. The ratings system promotes freedom of expression on Company, however the Company encourage Users to rate other Users singularly based on their experiences while transacting business. The Company shall remove Users feedback only in exceptional circumstances.

  • The Company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular User. Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live Trade leads of that User will be closed and Trade leads that are loaded shall be deleted as well.
    • The Company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular User. Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live Trade leads of that User will be closed and Trade leads that are loaded shall be deleted as well.
    • If the User feels that an unfair rating has been received or there is any evidence of any abuse of the rating system, please contact the Grievance Officer (Clause 25) of the Company.

The Company shall not be held liable under any circumstances for the data or information and/or content of a Trade Lead Rating.
 
Company may at any time at its sole discretion reinstate suspended Users. User(s) that has been indefinitely suspended may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if the User breaches the Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and to take strict legal action including but not limited to initiating criminal proceedings against the User in this regard.
 
9. Trust Stamp
The Company uses several tools and techniques to verify the accuracy of the given information by its registered Users. For the comfort of Users, Company offers the Trust Stamp tool (3rd party verified report) which provides Users with more authentic information about a listed company (wherever applicable). We encourage Users to use Trust Stamp tool available on the Site, as well as business sense, to evaluate with whom the User is dealing. However, in no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the offered tool, services and/or the contents thereof. The Company hereby specifically disclaims any liability on account of a User's reliance upon any content.
 
 
10. Use of User Information for promotions by Company
a. Company may use the User Information, Data or materials (“Collected Information”) to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The Collected Information does not qualify as Sensitive Personal Data/Information. The Collected Information does not/will not be disclosed to third party(ies) unless you respond to the marketing, promotion or advertising message sent by such third party(ies). The Collected Information may be transferred, stored, used and processed at any place worldwide by the Company.

b. In case of a merger, amalgamation or a ‘buy-in’ or ‘buy-out’ or a financial or strategic tie-up or similar alliance of/by the Company, the Collected Information may be transferred or assigned to the entity with whom the Company is entering into a merger, amalgamation, ‘buy-in’ or ‘buy-out’, financial, strategic or similar alliance with, as the case may be. If a User objects to this collection and/or transfer/assignment, please do not use the Site.

 
11. Ownership of Intellectual Property
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.

 
12. Third Party Content, Sites and Services
a. The Site and content available through the Service may contain features and functionalities that may link or provide the User with access to third party content which is completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

b. User's interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation necessary or appropriate before proceeding with any On-line transaction with any of these third parties.

c. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third party, the User understands and agrees that the Company is under no obligation to become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases the Company, its Directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service(s).

d. Company has established relationships with third parties to offer User the benefit of other products and services which the Company does not offer. The Company offers User access to the third parties website(s) either through the use of hyperlinks to their sites from the Site, or by offering “co-branded” or third party websites in which both the Company and these other/third parties share the same uniform resource locator, domain name or pages within a domain name on the Internet. In some cases User may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The User terms and privacy policy of such third parties may differ from ours, and the Company does not have any control over the information that a User may choose to submit to such third parties or co-branded sites. Company therefore encourages all User(s) to read the third party usage terms and conditions and privacy and other policies policy before responding to any offers, products or services provided by such other parties and/or using their Website(s). Company does not endorse or otherwise accept responsibility for the content or privacy or other policy of such co-branded third party Site.

e. Company offers promotions to the User on the Site & also put efforts in promoting clients & their offered products/services on various popular search engines. Results of promotion on search engines are never guaranteed and it takes considerably time and effort for any results to appear on any search engine. Similarly, any search result appearing on any search engine cannot be removed/withdrawn immediately, it gets removed periodically as per the policy of a search engine on which company or its employees has no control. Every User must immediately advise Company about any Illegal/Prohibited or other such content that appearing on the Site for appropriate legal action.

f. Company works with the principle of serving clients with the best possible & prompt services. However it is important to note that to make any change requested by Users the Company needs a minimum 24 - 48 business hours on best efforts basis to deliver the same as per User requirement unless otherwise stated.

13. Termination of Agreement
a. The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove any content Hosted within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable whether for refunds or otherwise, to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.

b. If the Company terminates User(s) membership, User(s) will not have the right to re-enroll or join Site under a new account or name or an alias unless formally invited to do so by the Company. Notwithstanding any contained herein, no membership charges will be refunded to a User in case of termination.