This page was last updated on 27th Apr’2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Before you subscribe to and/or begin participating in or using Services, Company believes that user(s) have fully read, understood and accept the agreement. If you do not agree to or wish to be bound by the agreement, you may not access or otherwise use the Site or the Licensed Application.
1. Scope of License
This license granted to you for the Licensed Application by the Application Provider, is limited to a non-exclusive, non-transferable, license to use the Licensed Application on any Mobile device that you own or control. This license does not allow you to use the Licensed Application on any Mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Nothing contained in the Licensed Application should be considered as granting you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Licensed Application. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern its use. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
2. User Access and Consent to Use of Data
You agree to use the Site or Service solely for your own private and internal purposes. You agree that:
a. You will not copy, reproduce, download, republish, 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 Site or Licensed Application.
b. You will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Company, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site or Licensed Application 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 Company is prohibited. Use of any content or materials on the Site or Licensed Application for any purpose not expressly permitted in the Terms is prohibited.
c. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Company and/or any other User nor to gain unauthorized access to such computer systems or networks.
d. You agree not to undertake any action which may undermine the integrity of Company’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3. Member’s Responsibilities
3.1. Each Member represents, warrants and agrees that (i) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (ii) you use the Site and Services for business purposes only; and (iii) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
3.2. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (i) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (ii) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
3.4. Each Member represents, warrants and agrees that (i) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display; (ii) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (iii) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (iv) you and your affiliates are not the subjects of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction.
3.5. Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
(i) be true, accurate, complete and lawful;
(ii) not be false, misleading or deceptive;
(iii) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
(iv) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
(vi) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
(vii) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
(viii) Each Member further represents, warrants and agrees that you shall/are:
A) carry on your activities on the Site in compliance with any applicable laws and regulations;
B) conduct your business transactions with other users of the Site in good faith;
C) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
D) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
E) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
F) not engage in spamming or phishing;
G) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities;
H) not involve attempts to copy, reproduce, exploit or expropriate Company’s various proprietary directories, databases and listings;
I) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
J) not involve any scheme to undermine the integrity of the data, systems or networks used by Company and/or any user of the Site or gain unauthorized access to such data, systems or networks;
K) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organised or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
L) not engage in any activities that would otherwise create any liability for Company or our affiliates.
M). all confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party using the Site and misused or results in unsolicited messages from such third parties, then such actions are beyond the control of Company and the Company accepts no responsibility or liability whatsoever for such actions.
N). the Company does not require a User to disclose to its employees and/or other User’s any Sensitive Personal/Confidential Information on the Site.
3.6. Member may not use the Services and member account to engage in activities which are identical or similar to Company’s business.
3.7. If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (i) act as your business referee; (ii) post and publish their contact details and information, reference letters and comments on their behalf; and (iii) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
3.8. Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Company’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Company shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
3.9. Member acknowledges and agrees that Company shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Company does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
3.10. Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
3.11. Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
4. Eligibility Criteria
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Company. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
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.
6. Warranties and Disclaimer
6.1. 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.
6.2. 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.
6.3. 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 or on the Licensed Application of its Users. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site.
6.4. 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.
6.5. The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Company and our affiliates be held liable for any such services or products.
6.6. Each User hereby agrees to indemnify and save Company, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Company, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Company.
6.7. Each User hereby further agrees to indemnify and save Company, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Company is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
7. Platform for Communication
The Licensed Application or 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:
7.1. 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.
7.2. The Site is also a channel of communication whereby the Users can reach a large base of persons in the Indian and global 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.
7.3. 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.
7.4. 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.
7.5. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site 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 Site. Such risks shall include but are not limited to, misrepresentation 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 miscalculations, 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 defence 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 defence 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 products 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 Company shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.6. 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 or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.7. User agrees to provide all information and materials as may be reasonably required by Company in connection with your transactions conducted on, through or as a result of use of the Site or Services. Company has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
7.8. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Company (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8. Breaches by Members
8.1 Company reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Company or our affiliates to liability, or is otherwise found inappropriate in Company’s opinion.
8.2 If any Member breaches any Terms, or if Company has reasonable grounds to believe that a Member is in breach of any Terms, Company shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Company in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Company may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Company may deem necessary or appropriate in its sole discretion.
8.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Company has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) Company has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,
c) Company has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) Company believes that the Member’s actions may cause financial loss or legal liability to Company or our affiliates or any other Users.
8.4 Company 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. Further, Company may disclose the Member’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. Company shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Company for such disclosure.
8.5 If a Member is in breach of the Terms, Company also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Company also reserves the right to disclose the records of such breach to our affiliates. Such affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Company’s affiliates.
8.6 Each Member agrees to indemnify Company, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
8.7 Each Member further agrees that Company is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted to the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Company reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Company in asserting any available defences.
9. Ratings and Reviews
The Company encourages Users to ‘rate’ and ‘review’ the companies they do business with on its platform. Ratings and Reviews are based on actual responses (positive or negative) that Users receive while transacting with various parties. Buyers rate sellers/products 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 or reviewing a business.
Do NOT abuse the Rating/Review system. Abuse of the Rating/Review system includes using the user id of another User or the Users own secondary user ids to raise the Users own rating/review or lower the rating of another 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/review without prior notice and/or at its sole discretion upon an investigation into the rating/review. The ratings/reviews system promotes freedom of expression on the platform, however, the Company encourages Users to rate/review 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. The Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live contents that are loaded may be deleted as well.
The Company shall not be held liable under any circumstances for the data or information and/or content of a Ratings/Reviews.
10. Force Majeure
Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Site/Licensed Application 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 failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. Intellectual Property Rights
11.1 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.
11.2 BigTrade and related icons and logos are registered trademarks or trademarks or service marks of BigTrade Infosystems Private Limited, 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.
11.3 Company may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
12. 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 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 and Service.
13.1 All legal notices or demands to or upon Company shall be made in writing and sent to personally, by courier, certified mail, or facsimile. The notices shall be effective when they are received by Company in any of the above-mentioned manners.
13.2 All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Company, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when. a) Company is able to demonstrate that communication, whether in physical or electronic form, and (b) Immediately upon Company posting such notice on an area of the Site that is publicly accessible been sent to such User, or without charge.
13.3 You agree that all agreements, notices, demands, disclosures and other communications Company sends to you electronically satisfy the legal requirement that such communication should be in writing.
14. Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall endeavour to give effect to the Parties’ intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
You agree that Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your profile, at any time. Company may also in its sole discretion and at any time discontinue providing access to the BigTrade platform, Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Company will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.