Terms

Terms of Use (TOU):

Prohibited Content & Consents

• belongs to another person and to which the User does not have any right to;
  
  
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  
  
• harm minors in any way;
  
  
• contain fraudulent information or makes fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or Illegal/Prohibited items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  
  
• infringes any patent, trademark, copyright or other proprietary rights of any party;
  
  
• violates any law for the time being in force;
  
  
• is a part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;
  
  
• deceives or misleads the addressee about the origin of such messages;
  
  
• communicates any information which is grossly offensive or menacing in nature;
  
  
• relates to sale of products or Services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity or privacy, or any other third party rights;
  
  
• impersonates another person;
  
  
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  
  
• contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  
  
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
  
  
• is in contravention of the Information Technology Act, 2000 and any other law for the time being in force;
  
  
• opens links directly or indirectly to or include descriptions of goods or Services that are prohibited under the prevailing law; or
  
  
• Otherwise creates any liability or adverse publicity for the Company.
  
  

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.

d. Company reserves the right to list its registered Users on the Site and as well as on other network portals run by the Company. In case a User does not want to be listed on the Site or on any of our network portals, they can communicate the same to us in writing by sending an email to support@tradedirectory.org

e. Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the Site. Users must undertake interaction or transaction with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on such organization and/or individual. Neither the Company nor its director’s, employees, officers or agents shall be liable to any User or otherwise, for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.

Amendments/Modification of Terms of Use

The Company /website 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.

Warranties and Disclaimer

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.

Electronic Communications

Platform for Communication

The Site is also a venue where Users may interact with one another for their transactions. Company is not and cannot be a Party to or control in any manner any transaction between two Users of the Site. Consequently:

• Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
  
  
• The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User. The Company shall not be liable for any product or services offered on the Site. All goods and Services Hosted on the Site are those of the User(s)/Supplier(s) etc. unless otherwise mentioned therein.
  
  
• The User independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users or third parties that it may interact with on the Site.
  
  
• The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User.
  
  
• Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other Users which is made available on the Site. The User may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretences.

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.

Breach

Without limiting other remedies, Company shall remove and disable all such content on the Site; may limit the Users' activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the User’s membership, and/or refuse to provide the User with access to the Site if:

• User displays any information, data which is illegal or prohibited by any law for the time being in force including but not limited to the Illegal/Prohibited Content;
  
  
• User is in breach of the User Agreement or the documents it incorporates by reference;
  
  
• Company is unable to verify or authenticate any information the User provides;
  
  
• It is believed that the User actions may cause legal liability for the User, other Users or the Company;
  
  
• A User puts any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  
  
• A User is unable to produce, when asked for by the Company, a certified copy of a consent, licence, approval, permission or similar certification requisite for goods and/or services a User proposes to Host/has Hosted on the Site;
  
  
• Any monies payable by the User to the Company are not paid on the due date; or
  
  
• A complaint is received by the Company from another User or a third party and necessary action to resolve the complaint is not taken within 10 (ten) days by such User.

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.

Privacy

We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order. We will not sell your information to anyone.

Suspension, Reinstatement and Refunds

a. Without prejudice to any other rights or remedies that may be available to it, the Company may suspend all services provided, remove and/or disable any and all User Hosted data and content and/or limit access rights of a User for a breach or violation as is set forth herein.

b. User hereby authorises Company to remove and/or disable User hosted data and/or content or to limit Services to a User against whom a complaint is received, which remain unresolved or is not amicably settled with thirty (30) days of the date of the complaint by the aggrieved User.

c. When the Service subscribed for is suspended without remedy for more than 45 (forty five) days, the Company shall have the option to terminate the membership of the User and the consequences set forth in 'Termination of Agreement' shall follow.

d. The Company may at its discretion and subject to such terms as it deems proper, reinstate a User and/or User Hosted data and re-start a Service.

e. A User dissatisfied with a Service may request Company for a refund provided the request is made in writing and addressed to the Grievance Officer within 10 days from the date of payment made. The refunds may be made by the Company after making deductions for work done on for the User on creation, designing & promotion etc. or duration of Services used by the User or otherwise.

Termination of Agreement

Liabilities upon Termination

Grievance Redressal

• All complaints to the Grievance Officer shall be made in writing giving a detailed description of the complaint/grievance of the User.
  
  
• The Grievance Officer shall redress all complaints within one (1) month from the date of receipt of complaint.

Arbitration

• Any dispute arising out of or in connection with or relating to the meaning, interpretation this Agreement, including a dispute regarding the existence, validity or termination of the Agreement (between a User(s) and the Company) or the documents it incorporates by reference or the consequences of its nullity, which cannot be amicably settled or resolved by the Grievance Officer within thirty (30) days of the date of such dispute arising, shall be referred to any finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (or any statutory amendment or modification thereto). The arbitration shall be conducted in accordance with the Rules of Kolkata High Court Arbitration Centre.
  
  
• The arbitration shall be conducted by a Sole Arbitrator who shall be Retired Judge of the Supreme Court or Kolkata High Court. All proceedings in any such arbitration shall be conducted in English. The venue of the arbitration proceedings shall be Kolkata.
  
  
• The arbitral tribunal shall give a reasoned award and the same shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The arbitrator shall be free to award appropriate costs. The arbitration award shall be enforceable in a competent court.
  
  
• It is clarified that disputes between User(s) inter-se or between User(s) and third parties are not covered by this clause.

Governing Law and Jurisdiction

• This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
  
  
• The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Kolkata, India.

Fraud Warining

• All Users are advised to be very careful while doing business with individuals, body corporates or companies from any part of the world.
  
  

• Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the Site. Users must undertake interactions or transactions with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on such organization and/or individual. Neither the Company nor its director’s, employees, officers or agents shall be liable to any User or otherwise for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.
  
  

• Users are advised to not send any advance money/legal fee or products unless there is cash in your account or an irrevocable letter of credit from the buyer, duly authorised by the buyer’s bank.
  
  

• Users are advised not to transact business unless full payment is made to you before shipping of the products.

Disclaimer

Company as well as its management have created these pages and the Services as a specific feature and as a service to the global trade and exim community.

No warranty or condition expressed or implied or statutory is being provided to the User. Company hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance. Company does not make any representation or warranties of any kind about any product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded.

Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failues, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.

Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not TradeDirectory.org/its users.

Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by Company (“Damages”) whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation to the Service(s). The Company’s liability is limited in any and all circumstances shall be limited to the lesser of the amount of fees and/or charges paid by the User or Rs. 1000/- (Indian Rupees One Thousand)

The User hereby indemnifies and holds Company harmless against any and all losses, claims, injuries and Damages that may arise out of the User’s breach of this Disclaimer and/or the Agreement, Illegal/Prohibited Content, Warning against Fraud and or any breach of the terms and conditions or the representations or warranties made by the User herein or in the Agreement/usage terms.

Company reserves the right to change the nature of the paid Services offered here or discontinue its Services to a member without any prior notice.

This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.