This document is an electronic record in terms of Information Technology Act,
2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000.
This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and Terms of Use
for access or usage of domain name/ website [www.exporttrademart.com]
This document is a legally binding agreement between a Supplier (as defined
below) or a Buyer (as defined below), as the case may be (acting by itself or
through its representatives) (collectively referred to
as “you”, “your”, “User” hereinafter) who access or use or transact on the
Platform and avail Service for a commercial purpose only and the Export trade
mart (referred to as “we”, “our” or “Export trade mart” hereinafter). You
acknowledge and agree that the Platform is a business to business platform
and provides services to business entities only..
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR EXPORT TRADE MART.
By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.
For the ease of reference, this document is divided into following sections:
I. General Terms applicable to all users on the Platform;
II. Terms applicable to Buyers (“Buyer Terms”); and
III. Terms applicable to Suppliers (“Suppliers Terms”).
1.GENERAL TERMS
These Terms of Use shall come into force with effect from 0000 hours of 1st may 2021.
- You must register on the Platform in order to access and use the Services. Further, Export trade mart reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Export trade mart may impose in its discretion.
- In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Export trade mart disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
- User agrees and confirms that any Services provided to you
2.PROVISION OF SERVICES
- ELIGIBILITY
The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India. User must not use the Platform and its Services for their personal use and the Platform shall be used by the User only for their business purposes.
- USER ACCOUNTS AND VERIFICATION OF ACCOUNT
User must be registered on the Platform to access or avail the Services for its commercial purposes. You agree and acknowledge that you will transact on the Platform only for your business purposes and not for personal use. Except with ETM’s approval, one User may only register one account on the Platform. Export trade mart may cancel or terminate a User’s account if Export trade mart has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Export trade mart may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
- USERS GENERALLY
You agree that (a) you will not copy, reproduce, download, re- publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Export trade mart, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
- SUSPENSION
If any User breaches any Terms, or if Export trade mart has reasonable grounds to believe that a User is in breach of any Terms, or could subject Export trade mart or its affiliates to liability, or is otherwise found inappropriate or unlawful in Export trade mart’s opinion, Export trade mart shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
1.suspending or terminating the User’s account and any and all accounts determined to be related to such account by Export trade mart in its discretion;
2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
3. removing any product listings or other User Content that the User has submitted, posted or displayed;
4. withhold settlement of payments by Export trade mart to the User;
5.any other corrective actions, discipline or penalties as Export trade mart may deem necessary or appropriate in its sole discretion.
- TRANSACTIONS BETWEEN BUYER AND SUPPLIER
Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, 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 Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
- INTELLECTUAL PROPERTY RIGHTS
