1.
Introduction
Welcome to indiancommodity.com! Any users or commodity people who wish
to use the services of this commodity Web Site must accept the terms and conditions of
this Agreement (the "Agreement") without change. By registering for and using
the services of the Website, provided by indiancommodity.com, you agree to be bound
by all terms and conditions of this Agreement.
indiancommodity.com, her affiliates, shareholders, management,
principals, employees and the Website (here after called "We") reserve the right
to change any of the terms and conditions contained in this Agreement, or any policies or
guidelines governing the Website or the services it rendered, at any time and in our sole
discretion. Any changes will be effective upon posting of the revisions on the Website at
the User Agreement page. Your
continued use of the Website and its services following any changes in this Agreement will
constitute your acceptance of such changes or modifications. If you do not agree to any
changes to this Agreement, do not continue to use the services provided by the Website.
2. Eligibility
Use of the Website is limited to parties that lawfully can enter into
and form contracts under applicable law. In order to ensure the proper functioning of the
Website, the Website is opened for use by individuals (the "Users") and
organizations, companies, Members, non-profit operations, government bodies, sole
proprietorships, partnerships or any form of business operations that have a legal entity
("commodity people").
To register, individuals can provide all the required information
online such as real name, address, phone number, email address and other information that
might be required from time to time. To register as "commodity people" the
procedures are easy, and instructions are available during registration.
3. Functionality
The Website provides consumers a place to source for what they want to
buy, be it products or services. While the name www.indiancommodity.com
might give people the impression that only specialized or big projects are
qualified for this Website, the fact is that all kind of products or services could be
sourced through this Website.
This commodity Website basically provides a venue for buyers and
sellers to negotiate and to complete transactions. We are not involved in the actual
transactions between buyers and sellers, are not the agent of any sellers, and have no
authority for either for any purpose.
The Website has currently the following features. More features will be added from time to
time :
- Indian Commodity -Directory(Traders, Manufacturers',Brokers, Millers, Solvent Extractons
etc)
- Buy/sell offer/demand posting(Trade Leads Posting)
- Business to business search for business cooperation (the "Business
Opportunities" service);
- Business-related information links (the "Business Resource" service);
-
- Business Promotion through icom/web Page and Banner Advertising(Banner Advertising)
As registered Users (the "Members"), you may choose to put
any products or services, those which we legal through the Website for
posting/offer/demand/or sourcing purposes. In addition, as a registered user, you may
choose to list any products or services as per our service agreement.
Registered Users are only allowed to post Trader Leads on the Website. Only registered
users are allowed to post Sell//demand/offers in our Website.
4. Members Responsibility
The Website only intends to provide a venue for both buyers and sellers
to negotiate a transaction. While all the Business offers submitted are difficult to be
legally binding, it is important for members who submit any offers in response to the
Business Offers put up by Users to be aware that any submissions of offers should be
morally binding.
4.1 Using our Trade Directory
Registered Members of the Website are welcome to use our
Commodity Directory.If any suggestion or uptodate are welcome.We took maximum care to
supply the information to the best knowledge & information
- All Tread Leads must be submitted using the appropriate online form available on the
Website;
- All Trade Leads posted must not relate to any products or services that are
illegal, pornographic, promotes hatred, or violates any intellectual property rights,
involves a multilevel marketing program;
- All offers/buy/sell/demands posted must be fully and plainly disclosed all relevant
information to permit the commodity people who are interested to response to the the same
to fully understand and to properly evaluate the offers/demands/sell/etc posted and
accordingly permit those interested parties to submit offers in response to the respective
postings.
- All information posted must not contain any information that is incorrect, misleading or
leading to misrepresentation of facts;
- All Trade Leads posted must reflect actual demand.
We reserve the right to reject the posting of Trade Leads and
Demand/Sell/Buy/Offers on the Website by users for any reason that we in our sole
discretion may deem inappropriate for inclusion on the Website, including but not limited
to the failure by Users to comply with this Agreement.
By posting Business Leads, Business Opportunities, we will
automatically be granted a non-exclusive, royalty free, irrevocable, perpetual world wide
license to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform in any manner as we consider appropriate.
All offers in response to Trade Leads/buy/Sell/Demand Offer must be
submitted using the appropriate online form available on the Website;
- All offers submitted must not relate to any products or services that are illegal,
pornographic, promotes hatred, or violates any intellectual property rights, involves a
multilevel marketing program, anti-competitive, or fraudulent.
- All offers submitted must not contain any information that is incorrect, misleading or
leading to misrepresentation of facts;
- All offers must fully and plainly discloses all relevant information necessary for
Members of the Website to evaluate the offers.
- All offers submitted must reflect the actual capabilities of the Members who submitted
the offers that the underlying promises can be fulfilled and delivered within a logical
business period.
By submitting offers in response to posted Trade Leads and
Demand/Sell/Buy/Offers, we will automatically be granted a non-exclusive, royalty free,
irrevocable, perpetual world wide license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such offers in
any manner as we consider appropriate.
As a Member you may list any item on the of the Website. Specifically, you may not list
any item, link or post any related materials that :
- Infringes any third party intellectual property rights (including copyright, trademark,
patent, trade secrets), or other proprietary rights (including rights of publicity or
privacy); or
- Is counterfeited, illegal, stolen, or fraudulent.
We cannot and do not know whether any listing is accurate, complete,
misleading or deceptive and whether the Members are capable of fulfilling their roles.
Members of the Website shall thus always take due care in using the services provided by
the Website and before entering into any agreement with other Members of the Website.
Members who use the services provided by the Website are doing it at their own risk.
We retain the right to immediately halt any transaction, usage of the
Website, prevent or restrict access to the Website or take any other action to restrict
access to or availability of objectionable material, any inaccurate listing, any unlawful
items or any items otherwise prohibited by this Agreement.
5. Email Services
The Website uses email alert services to enhance the usefulness of the
services provided to all registered Members. Email alerts will be sent out to relevant
Members in a category whenever a Business offer is being posted and the requirements of
the related to that category.
Other uses of our email services include providing direct business to
business marketing or business to consumer marketing, broadcasting and announcement
services and other services that the Website might provide in the future.
However, due to the nature of Internet environment, we may at any time
and without notice to Members of the Website cancel, modify or terminate the email
services currently provided, or refuse to allow Members to use the email services provided
by the Website. Overall, we cannot guarantee the reliability and consistency of our email
services as these services are dependent on many hardware and software issues, many of
which we have totally no control.
As the specified business categories are the main determinant of how
the email services will be distributed, we may at any time and without notice to Members
of the Website add, delete, or modify the categories specified. When the listing of
Members under any categories become excessive, we may without notice, re-classified the
categories, generate new categories, amend or delete existing categories and other changes
which we might consider appropriate. As a result, registered Mermbers might be
re-classified accordingly due to the above changes.
All the contents of the emails sent to Members of the Website is purely for information
purposes only. We retain all intellectual property in the contents of any emails sent.
Until we receive notification from Members to discontinue the email alert services, we
remain the right, but not the obligation, to send Members email from time to time.
6. Acknowledgement and Usage
Members of the Website acknowledge that by posting Business offers/posting on the Website,
there is no guarantee that Members will receive any offers from registered Members or any
offers received will be satisfactory.
Members also acknowledge that the Internet is not a secure method of communications, any
communications over the Internet using email, online forms, feedback channel, forum,
message boards, web pages etc are not secured and may be intercepted without the knowledge
of participating Members by unknown third parties.
The Website might be stored on a third party computer server. Members
of the Website acknowledge that we have no control including without limitation its
operation, security, availability, reliability, speed, Internet connection, usage etc. The
appearance and operation of the Website to Members or any other end users may be affected
or limited by various factors and settings of the Members or end users computers
system including without limitation the computer hardware and software used, web browser
used, web browser version and settlings/ preferences/options, monitor, printer, screen
size and display settings, web browser plug-ins, firewall, server, network and Internet
connection speed.
7. Promotion of the Website
We shall be permitted, but is not required, to promote the services
provided by the Website, its registered Members, or any third parties that have entered
into any contractual agreements with the Website for whatsoever business objectives, the
contents of the Website or the contents belonging to the Members of the Website, including
without limitation any Business offers posted, through various marketing vehicles
including, but not limited to, displaying the Website at seminars or trade shows and in
advertisements, flyers, newsletters, and other promotional strategies that we might
implement from time to time to market the services of the Website and its registered
Members
8. Participation
We may use the services provided by the Website from time to time. When
we participate or use the services provided by the Website, we are no different from the
Members of the Website and will abide by the same procedures and guidelines contained in
this Agreement. In addition, employees, management, related parties, representatives,
agents, principals or any other relevant or related parties of the Website or
indiancommodity.com are permitted to participate or use the services provided by the
Website in their personal capacity and are thus subject to the same procedures and
guidelines contained in this Agreement.
9. Password
Members access to the Website will be through password issued after
completing all the necessary information required to qualify as Users or Members. Password
obtained may be used only to access the Website, use the services provided by the Website,
electronically pay for the required fees, if any. Members are solely responsible for
maintaining the security of their passwords. Members may not disclose your password to any
third party (other than third parties authorized by Members) and are solely responsible
for any use of or action taken under your password on the Website. If any passwords are
being compromised, Members must immediately change the passwords.
10. Illegal Activity
The Website must only be used for lawful purposes and in a lawful
manner. Members agree to comply with all applicable laws, statues and regulations
regarding the use of services of the Website. Members are not allowed to register using a
false name or use an invalid or unauthorized credit card, when electronic payment of the
required fees to access and use the services of the Website is being implemented. Members
are not allowed to make use of the services of the Website under a false name, impersonate
any other Members, or use other Members passwords. Such fraudulent conduct is
violation of applicable law.
We have the right, but not the obligation to monitor any activities and
contents associated with the use of the Website. We may investigate any reported
violations of the terms and conditions in this Agreement, or complaints and take any
action that we deem appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, denying access and/or removal of any
materials provided by Members of the Website. We reserve the right and have absolute
discretion, to remove, screen or edit any content that violates these provisions or is
otherwise objectionable.
We reserve the right to report any activities that we suspect violate any law or
regulations to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with government requests, to protect the Website and the Members, or
to ensure the integrity and operation of the Website, we may access and disclose any
information that we consider necessary or appropriate, including, without limitation,
Members contact details, IP addresses and traffic information, usage history and
posted content.
11. Privacy
We are committed to protect Members privacies. Please visit our
Privacy Policy Statement at Privacy Policy. The Privacy Policy Statement may be changed by
us in the future. All Members or third party end users should check the Privacy Policy
Statement frequently for updates and changes. Unless otherwise authorized or consented,
Members agree not to use any information regarding other Members that is accessible from
the Website or disclosed to you by the Website or by us except to enter into and complete
transactions. Members agree not to use any such information for purposes of solicitation,
advertising, unsolicited email spamming, harassment, invasion of privacy or otherwise
objectionable conduct.
12. No Warranties
The Website and its services are provided on an "As Is" basis. We make no other
representations or warranties of any kind, express or implied, including without
limitation
- The implied warranties of merchantability, fitness for a particular purpose, title, and
non-infringement;
- That the Website or the services will meet your requirements, will always be available,
accessible, uninterrupted, timely, secure or operate without error;
- Any implied warranty arising from course of dealing or usage of trade; and
- Any obligation, liability, right, claim or remedy in tort, whether or not arising from
our negligence or the negligence of the Website.
To the full extent permissible under applicable law, we disclaim any and
all such warranties.
13. General Release
We are not involved in transactions between Members or other relevant
parties. If a dispute arises between one or more Members, each of you release us from
claims, demands and damages (whether actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
14. Limitation of Liability
We will not be liable for any damages of any kind including without
limitation direct, indirect, incidental, punitive and consequential damages, arising out
of or in connection with this Agreement, the Website and its services, the inability to
use the services or those resulting from any goods or services purchased or obtained or
messages received or transactions entered into through the Website.
15. Disputes
Because we are not involved in the actual transactions between Members
and are not the agent of either for any purpose, we will not be involved in resolving any
disputes between Members of the Website related to or arising out of any transaction. We
urge Members to cooperate with each other to resolve such disputes.
16. Licenses
By entering into this Agreement and using the services provided by the
Website, you grant us a non-exclusive, world-wide, royalty-free, irrevocable, right to
exercise all copyright and rights of publicity over the material displayed in your
listings in Advertising ,Trade Leads, Offers.Buy/Sell/demand or transactions in any
existing or future media, known or unknown, now or at any later date.
17. General Provision
This Agreement constitutes the entire agreement of the parties with respect to the subject
matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims,
representations and understandings of the parties in connection with the subject matter
hereof.
We are not the agent, partner, trustee or other representative of you.
Nothing expressed or mentioned in or implied from this Agreement is intended or shall be
construed to give to any person other than the parties hereto any legal or equitable
right, remedy or claim under or in respect to this Agreement. This Agreement and all of
the representations, warranties, covenants, conditions and provisions hereof are intended
to be and are for the sole and exclusive benefit of the Website, the registered Members,
and other parties who might from time to time, use, rely or make decisions based on the
information derived from the usage of the Website.
If any provision of the Agreement shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and
conditions and shall not affect the validity and enforceability of any remaining
provisions.
Our failure to enforce the strict performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such provision or any other
provisions of this Agreement.