|IndiaMART Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following demonstrates terms and conditions of use (here-in-after
referred to as an "Agreement"), applicable to your
use of IndiaMART.com (hereinafter referred to as "web
site"), which promotes business between suppliers and
buyers globally. It is an agreement between you as the user(s)
of the web site (the "User(s)") and IndiaMART InterMESH
Ltd. (hereinafter referred to as "IIL").
Before you subscribe to and/or begin participating in or using
web site, IIL believes that user(s) have fully read, understood
and accept the agreement.
If you do not agree to or wish to be bound by agreement ,
you may not access or otherwise use the web site.
|1. Web site-Merely
2. User(s) Eligibility
3. User(s) Agreement
4. Amendment to User(s) Agreement
5. Intellectual Property Rights
6. Links to Third Party Sites/Content
8. Registered User(s)
|9. Data Protection/Personal
10. Posting your Contents on IIL
11. Interactions between User(s)
12. Limitations of Liability/Disclaimer
14. Governing Law and Disputes Resolutions
WEBSITE- MERELY A VENUE/PLATFORM
Web site acts as a mere venue/platform for our members to negotiate/interact
for buying, selling and other business services by way of locating
companies to trade with, through our on-line exchange.
We do not take part in the actual transaction that takes place between
the buyers and sellers and hence are not a party to any contract
for sale negotiated between buyers and sellers. All transactions
will be the responsibility of the members only. This agreement shall
not be deemed to create any partnership, joint venture, or other
joint business relationship between IIL and other party.
2. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that
legally operates in India or in other countries, uses and has the
right to use the services provided by IIL. Our services are available
only to those individuals or companies who can form legally binding
contracts under the applicable law. Therefore, user(s) must not
be a minor as per Indian Law, i. e. user(s) must be at least 18
years of age to be eligible to use our services.
IIL advises its users that while accessing the web site, they must
follow/abide by the related laws. IIL is not responsible for the
possible consequences caused by your behaviour during use of web
site. IIL may, in its sole discretion, refuse the service to anyone
at any time. The service is not available to temporarily or indefinitely
suspended members of web site.
3. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered
- free or paid user(s) who access the web site for any purpose.
It also applies to any legal entity which may be represented by
you under actual or apparent authority. User(s) may use this site
solely for their own personal or internal purposes.
This agreement applies to all IIL services offered on the web site,
collectively with any additional terms and condition that may be
applicable to the specific service used/accessed by user(s).In the
event of a conflict or inconsistency between any provision of the
terms and conditions mentioned herein with those of the particular
service, the provisions of the terms and conditions applicable to
such specific services shall prevail.
4. AMENDMENT TO USER(S)
IIL may change, modify, amend, or update this agreement from time
to time without any prior notification to user(s) and the amended
and restated terms and conditions of use shall be effective immediately
on posting. If you do not adhere to the changes, you must stop using
the service. Your continuous use of the service will signify your
acceptance of the changed terms.
5. INTELLECTUAL PROPERTY
IIL is the sole owner or lawful licensee of all the rights to the
web site and its content. Web site content means its design, layout,
text, images, graphics, sound, video etc. The web site content embody
trade secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual
property rights in the web site and its content shall remain with
IndiaMART.com, its affiliates or licensor's of IndiaMART.com content,
as the case may be.
All rights, not otherwise claimed under this agreement or by IndiaMART.com,
are hereby reserved. The information contained in this web site
is intended, solely to provide general information for the personal
use of the reader, who accepts full responsibility for its use.
IIL does not represent or endorse the accuracy or reliability of
any information, or advertisements (collectively, the "content")
contained on, distributed through, or linked, downloaded or accessed
from any of the services contained on this web site, or the quality
of any products, information or other materials displayed, or obtained
by you as a result of an advertisement or any other information
or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for
the results obtained from the use of this information. All information
in this web site is provided "as is" with no guarantee
of completeness, accuracy, timeliness or of the results obtained
from the use of this information, and without warranty of any kind,
express or implied, including, but not limited to warranties of
performance, merchantability and fitness for a particular purpose.
Nothing herein shall to any extent substitute for the independent
investigations and the sound technical and business judgment of
the user(s). In no event shall IIL be liable for any direct, indirect,
incidental, punitive, or consequential damages of any kind whatsoever
with respect to the service, the materials and the products. User(s)
of this site must hereby acknowledge that any reliance upon any
content shall be at their sole risk.
The information presented here has been compiled from publicly aired
and published sources. IIL respects these sources and is in no way
trying to infringe on the respective copyrights or businesses of
these entities. IIL reserves the right, in its sole discretion and
without any obligation, to make improvements to, or correct any
error or omissions in any portion of the service or the materials.
"IndiaMART", "IndiaPROFILE", "IndiaLIST",
"IndiaHOME", "IndiaSERVER", "IndiaMART.COM",
"TrustSeal", "ABC payments", "InterMESH"
and related icons and logos are registered trademarks or trademarks
or service marks of IIL 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.
All content on this web site is the copyright of IIL except
the third party content and link to third party web site on
IIL is not an expert in your intellectual property rights, and
we cannot verify that the users of our online marketplace -
who post literally tens of thousands of trade leads for items
on the website each day - have the right to sell the goods offered.
We will appreciate your assistance in identifying listings which
may not appear on their face to infringe your rights but which
you believe are infringing. IIL is also not an arbiter or judge
of disputes about intellectual property rights. By taking down
a listing, as a prudential matter, IIL is not endorsing a claim
of infringement. Neither, in those instances in which IIL declines
to take down a listing, is IIL determining that the listing
is not infringing, nor is IIL endorsing the sale of goods in
IIL respects the intellectual property rights of others, and
we expect our user(s) to do the same. We believes that user(s)
agree that they will not copy, download & reproduce any
information, text, images, video clips, directories, files,
databases or listings available on or through the web site (the
"IIL content") for the purpose of re-selling or re-distributing,
mass mailing (via email, wireless text messages, physical mail
or otherwise), operating a business competing with IIL, or otherwise
commercially exploiting the IIL content. Systematic retrieval
of IIL content 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 IIL is prohibited.
In addition, use of the content for any purpose not expressly
permitted in this Agreement is prohibited and may invite legal
action. As a condition of your access to and use of IIL's services,
you agree that you will not use the web site service to infringe
the intellectual property rights of others in any way. IIL reserves
the right to terminate the account of a user(s) upon any infringement
of the rights of others in conjunction with use of the IIL service,
or if IIL believes that user(s) conduct is harmful to the interests
of IIL, its affiliates, or other users, or for any other reason
in IIL's sole discretion, with or without cause.
6. LINKS TO THIRD PARTY
Links to third party sites are provided by web site as a convenience
to user(s) and IIL has not have any control over such sites i.e
content and resources provided by them.
IIL may allow user(s) access to content, products or services offered
by third parties through hyper links (in the form of word link,
banners, channels or otherwise) to such Third Party's web site.
You are cautioned to read such sites' terms and conditions and/or
privacy policies before using such sites in order to be aware of
the terms and conditions of your use of such sites. IIL believes
that user(s) acknowledge that IIL has no control over such third
party's site, does not monitor such sites, and IIL shall not be
responsible or liable to anyone for such third party site, or any
content, products or services made available on such a site.
Most content and some of the features on the web site are made available
to visitors free of charge. However, IIL reserves the right to terminate
access to certain areas or features of the web site (to paying or
registered users) at any time for any reason, with or without notice.
IIL also reserves the universal right to deny access to particular
users to any/all of its services/content without any prior notice/explanation
in order to protect the interests of IIL and/or other visitors to
the web site. IIL reserves the right to limit, deny or create different
access to the web site and its features with respect to different
user(s), or to change any of the features or introduce new features
without prior notice.
IIL withholds the right to temporary or
permanent termination of membership of any user for any of the following
(a) If it concludes that the user(s) have provided any false information
in connection with the member account to IIL, or are engaged in
fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions
of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish
the same product information.
(d) Post any material to members that is not related to international
trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post
information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the
web site data base, network or related services.
(g) Obtain by any means web site member's user name and/or password.
If IIL terminates user(s) membership, user(s) will not have the
right to re-enroll or join IIL under a new account or name unless
formally invited to do so by IIL. In any case of termination, no
membership charges will be refunded. User(s) acknowledge that inability
to use the web site wholly or partially for whatever reason may
have adverse effect on its business. User(s) hereby agree that in
no event shall the web site be liable to the user(s) or any third
parties for any inability to use the web site (whether due to disruption,
limited access, changes to or termination of any features on the
web site or otherwise), any delays, errors or omissions with respect
to any communication or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability
to use the web site or any of its features.
To become a Registered User(s) there is a proper procedure which
is for the convenience of user(s) so that they can easily log-in
User(s) can become a Registered User(s) by filling an on-line registration
form on the web site by giving desired information (name, contact
information, details of its business, etc.). IIL will establish
an account ("Account") for the user(s) upon registration
and assign a user alias ("User ID") and password ("Password")
for log-in access to your Account. Web site may or may not assign
user(s) upon registration a web-based email/message account with
limited storage space to send or receive email/messages. Users will
be responsible for the content of all the messages communicated
through the Email Account, as well as the consequences of any such
If you register on behalf of a business entity, you represent that
business entity and (a) you have the authority to bind the entity
to terms and condition of use and/or 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 IIL
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.
By becoming a Registered User, you consent to the inclusion of your
personal data in our on-line database and authorize IIL to share
such information with other user(s). IIL may refuse registration
and deny the membership and associated User ID and Password to any
user for whatever reason. Web site may suspend or terminate a Registered
membership at any time without any prior notification in interest
of IIL or general interest of its visitors/other members without
giving any reason thereof. Registered User are not a part or affiliate
of IIL in any way.
9. DATA PROTECTION
Personal information supplied by user(s) during the use of web site
10. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted
by third parties. User(s) can post their content on some of the
sections/services of the web site using the self-help submit and
edit tools provided at the respective section. User(s) may need
to register and/or pay for some of these services.
IIL in such case is not the author. The content here is contributed
by anonymous, registered or paid user(s). Neither IIL nor any of
its affiliates, directors, officers or employees has entered into
sale agency relationship with such third party by virtue of our
display of the Third Party Content on the website. Any Third Party
content is the sole responsibility of the party who has provided
the content. IIL is not responsible for the accuracy, propriety,
lawfulness or truthfulness of any Third Party content, and shall
not be liable to any user(s) in connection with his/her reliance
on such Third Party content. In addition, IIL is not responsible
for the conduct of user(s) activities on the web site, and shall
not be liable to any person in connection with any damage suffered
by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
(a) provide IIL with true, accurate, current and complete information
to be displayed on the web site and
(b) maintain and promptly amend all information to keep it true,
accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free,
sub-licensable (through multiple tiers) license to IIL to display
and use all information provided by them in accordance with the
purposes set forth in agreement and to exercise the copyright, publicity,
and database rights you have in such material or information, in
any form of media, third party copyrights, trademarks, trade secret
rights, patents and other personal or proprietary rights affecting
or relating to material or information displayed on the web site,
including but not limited to rights of personality and rights of
privacy, or affecting or relating to products that are offered or
displayed on the web site (hereafter referred to as"Third Party
User(s) hereby represent, warrants and agree that user(s) shall
be solely responsible for ensuring that any material or information
you post on the web site or provide to web site or authorize the
web site to display, does not, and that the products represented
thereby do not, violate any Third Party Rights, or is posted with
the permission of the owner(s) of such rights. User(s) hereby represent,
warrant and agree that they have the right to manufacture, offer,
sell, import and distribute the products offered and displayed on
the web site, and that such manufacture, offer, sale, importation
and/or distribution of those products violates no Third Party Rights.
|User(s) hereby represent, warrant and agree
that information submitted to IIL for display on the web site will
Contain fraudulent information or make fraudulent
offers of items or involve the sale or attempted sale of counterfeit
or stolen items or items whose sales and/or marketing is prohibited
by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the web site
or for any other unlawful purpose;
Relate 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 secret or other proprietary right or rights of publicity
or privacy, or any other Third Party Rights;
Violate any applicable law, statute, ordinance
or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination
or false advertising);
Be obscene or contain or infer any pornography
or sex-related merchandising or any other content or otherwise
promotes sexually explicit materials or is otherwise harmful
Promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
Contain 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;
Solicit business from any User(s) in connection
with a commercial activity that competes with IIL;
- Contain 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
- Link directly or indirectly to or include descriptions of goods
or services that are prohibited under the prevailing law; or
- Otherwise create any liability for IIL or its affiliates.
IIL reserves the
right in its sole discretion to remove any material/content/photos/offers
displayed on the web site which it reasonably believes is unlawful,
could subject IIL to liability, violates the terms and conditions
and/or Agreement or is otherwise found inappropriate in IIL's opinion.
Web site 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.
In connection with any of the foregoing, web site may suspend or
terminate the Account of any User as web site deems appropriate
in its sole discretion. User(s) agree that web site shall have no
liability to any User(s), including no liability for consequential
or any other damages, in the event web site takes any of the actions
mentioned in this Section, and that you agree to bear the risk that
web site may take such actions.
Web site acts as a content integrator and is not responsible for
the information provided by user(s) to be displayed on the web site.
IIL do not have any role in developing the content.
INTERACTION BETWEEN USERS
IIL provides an on-line platform for exchanging information between
buyers and suppliers of products and services. Web site does not
represent the seller or the buyer in specific transactions and does
not charge any commission for enabling any transaction. Web site
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 web site or the ability of the suppliers to complete
a sale or the ability of buyers to complete a purchase. User(s)
are cautioned that there may be risks of dealing with foreign nationals
or people acting under false pretenses. Web site uses several techniques
(such as TrustSEAL) to verify the accuracy and authenticity of the
information our user(s) provide us. However, since it is not possible
in all cases and is not 100% fool-proof, IIL cannot and does not
confirm each user(s) purported identity (including, without limitation,
TrustSEAL Members). IIL encourages user(s) to use various tools
available on the web site and otherwise, as well as common sense,
to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase
and sale transactions when using the web site to conduct transactions,
and that user(s) fully assume 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 web 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, distribution, offer, display, purchase, sale and/or
use of products or services offered or displayed on the web site
may violate or may be asserted to violate Third Party Rights, and
the risk that you 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 user(s) of the web site as a result
of purchase and sale transactions in connection with using the web
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".
User(s) agree that IIL shall not be liable or responsible for any
damages, liabilities, costs, harms, inconveniences, business disruptions
or expenditures of any kind that may occur/arise as a result of
or in connection with any Transaction Risks. User(s) are solely
responsible for all of the terms and conditions of the transactions
conducted on, through or as a result of use of the web site, including,
without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits,
handling, transportation and storage. In the event of a dispute
with any party to a transaction, user(s) agrees to release and indemnify
IIL (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. User(s) may use the content/features on web site solely
for their personal or internal purposes. User(s) agree that they
will not use IIL database and/or services to send junk mail, chain
letters or spamming or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. Further, as a Registered
User, user(s) will not use the Email Account to publish, distribute,
transmit or circulate any unsolicited advertising or promotional
information or any content that is obscene, indecent, seditious,
offensive, defamatory, threatening, or which incites or results
in causing racial hatred, discrimination, menace or breach of confidence.
12. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an "as
is" and "as available" basis, and web site hereby
expressly disclaims any and all warranties, express or implied,
including but not limited to any warranties of condition, quality,
durability, performance, accuracy, reliability, merchantability
or fitness for a particular purpose. All such warranties, representations,
conditions, undertakings and terms are hereby excluded. IIL makes
no representations or warranties about the validity, accuracy, correctness,
reliability, quality, stability, completeness of any information
provided on or through the web site. IIL does not represent or warranty
that the manufacture, importation, distribution, offer, display,
purchase, sale and/or use of products or services offered or displayed
on the web site does not violate any third party rights; and IIL
makes no representations or warranties of any kind concerning any
product or service offered or displayed on the web site. Any material
downloaded or otherwise obtained through the web site is done at
your sole discretion and risk and you are solely responsible for
any damage to your computer system or loss of data that may result
from the download of any such material. No advice or information,
whether oral or written, obtained by you from web site or through
or from the web site shall create any warranty not expressly stated
Under no circumstances shall web site be held liable for an delay
or failure or disruption of the content or services delivered through
the web site resulting directly or indirectly from acts of nature,
forces or causes beyond its 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,
natural calamities, war, governmental actions, orders of domestic
or foreign courts or tribunals or non-performance of third parties.
User(s) hereby agree to indemnify and save web site, its 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 your use of the web site (including but not
limited to the display of your information on the web site) or from
your breach of any of the terms and conditions of this Agreement.
User(s) hereby further agree to indemnify and save web site, its
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 your breach of any representations
and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, its
affiliates, directors, officers and employees harmless, from any
and all losses, 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 web site. User(s) hereby further agree that web site is not
responsible and shall have no liability to it, for any material
posted by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with
you. Web site reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you shall cooperate with
web site in asserting any available defenses.
Web site shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings,
business interruption, loss of information), whether in contract,
negligence, tort, strict liability or otherwise or any other damages
resulting from any of the following:
The use or the inability to use the web site;
- Any defect in goods, samples, data, information or services
purchased or obtained from a User(s) or a third-party service
provider through the web site;
Violation of Third Party Rights or claims
or demands that User(s) manufacture, importation, distribution,
offer, display, purchase, sale and/or use of products or services
offered or displayed on the web site may violate or may be asserted
to violate Third Party Rights; or 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;
Unauthorized access by third parties to data
or private information of any User(s);
Statements or conduct of any User(s) of the
web site; or
Any matters relating to Premium Services
however arising, including negligence.
All notices or demands to or upon web site shall be effective if
in writing and shall be duly made when sent to IIL in the following
manner: to IndiaMART InterMESH Ltd., B-1, Sector 8, NOIDA-201301,
All notices or demands to or upon a User(s) shall be effective if
either delivered personally, sent by courier, certified mail, by
facsimile or email to the last-known correspondence, fax or email
address provided by the User(s) to web site, or by posting such
notice or demand on an area of the web site that is publicly accessible
without a charge.
Notice to a User(s) shall be deemed to be received by such User(s)
if and when web site is able to demonstrate that communication,
whether in physical or electronic form, has been sent to such User(s),
or immediately upon web site's posting such notice on an area of
the web site that is publicly accessible without charge.
14. GOVERNING LAW AND DISPUTE
Terms and condition of use agreement and/ or Agreement, Privacy
Policy shall be governed in all respect by the laws of Indian Territory.
IIL considers itself and intended to be subject to the jurisdiction
only of the Courts of Noida, Uttar Pradesh, India. The parties to
this Agreement hereby submit to the exclusive jurisdiction of the
courts of Noida,Uttar Pradesh, India.
Headings are for reference purposes only
and in no way define, limit, construe or describe the scope
or extent of such section.
Web site's failure to enforce any right or
failure to act with respect to any breach by a User(s) under
these terms and conditions will not waive that right nor waives
IIL's right to act with respect with subsequent or similar breaches.
Web site shall have the right to assign its
obligations and duties in this Agreement and in any agreement
relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions
of use and/or Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced.
The above mentioned
constitute the entire agreement between the User(s) and IIL with
respect to access to and use of the web site, superseding any prior
written or oral agreements in relation to the same subject matter
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