TERMS OF SERVICE AGREEMENT
Updated on August 22nd, 2020
We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement governs your use of this website www.tradesala.com (hereinafter referred to as the ‘Website’), Tradesala E-Commerce Private Limited’s offer of for purchase on this Website, or your purchase of available on this Website. This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Tradesala E-Commerce Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Tradesala E-Commerce Private Limited will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Tradesala E-Commerce Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Tradesala E-Commerce Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Responsible Use and Conduct
- In order to access our Resources/, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources/. Accordingly, you are responsible for all activities that occur under your accounts.
- Accessing (or attempting to access) any of our Resources/ by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/ through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources/, including the servers and/or networks to which our Resources / are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources / is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- You understand and agree that Tradesala and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website.
Registration and Your Account
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 and utilize our services.
User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). Tradesala 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. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be.
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 Tradesala during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize Tradesala to share such information with other user(s). Tradesala may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of Tradesala or general interest of its visitors/other members without giving any reason thereof.
Despite Your organization’s contact number(s) are on Do Not Call Registry, you consent to be contacted by Tradesala through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Tradesala.
You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Tradesala registration form or provided by You 2. Maintain and promptly update the personal and non-personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Tradesala has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Tradesala has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
Terms of Offer:
This Website offers for sale certain (hereinafter referred to as ‘ ’). By placing an order for through this Website, you agree to the terms set forth in this Agreement.
Unless you notify our third-party call center representatives or direct Tradesala E-Commerce Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Tradesala E-Commerce Private Limited and its designated in house or third-party call team(s).
We provide 3 easy ways to opt out of from future solicitations -
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: email@example.com
- You may send a written remove request to Tradesala E-Commerce Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Tradesala E-Commerce Private Limited & ADDRESS Old no 85/3 new no 95/3, Naicker street, Kadalaiyur, Ettayapuram TK, Thoothukudi, Tamilnadu, Pin-628902.
Tradesala E-Commerce Private Limited has proprietary rights and trade secrets. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Tradesala E-Commerce Private Limited. Tradesala E-Commerce Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Taxes: If you purchase any, you will be responsible for paying the applicable taxes. (GST)
Content, Intellectual Property, Third Party Links:
In addition to making available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about (kind of information). Tradesala E-Commerce Private Limited does not always create the information offered on this Website; instead the information is often gathered from other sources.
To the extent that Tradesala E-Commerce Private Limited does create the content on this website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Tradesala E-Commerce Private Limited does not endorse the contents on any such third-party websites. Tradesala E-Commerce Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website:
Tradesala E-Commerce Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will -
- abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
- not interfere with or disrupt the use and enjoyment of the Website by other users,
- not resell material on the Website,
- not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
- not defame, harass, abuse, or disrupt other users of the Website.
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Tradesala E-Commerce Private Limited or the applicable third party (if third party content is at issue).
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any www.tradesala.com/Tradesala E-Commerce Private Limited employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless www.tradesala.com a digital property of Tradesala E-Commerce Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
By posting, storing, or transmitting any content on the Website, you hereby grant Tradesala E-Commerce Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Tradesala E-Commerce Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Tradesala E-Commerce Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Tradesala E-Commerce Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Tradesala E-Commerce Private Limited deems objectionable, in Tradesala E-Commerce Private Limited's sole discretion.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or ite
Belongs to another person and to which You do not have any right to:
“Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.”
Shall not be false, inaccurate or misleading:
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and Shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
Disclaimer of Warranties:
Your use of this website and/or are at your sole risk. The website and are offered on an "as is" and "as available" basis. Tradesala E-Commerce Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the or website content, or any reliance upon or use of the website content or (" " include trial.)
Without limiting the generality of the foregoing, Tradesala E-Commerce Private Limited makes no warranty:
- that the information provided on this website is accurate, reliable, complete, or timely.
- that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability:
Tradesala E-Commerce Private Limited’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content / and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for purchased via this website.
Tradesala E-Commerce Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or in any manner, including liabilities resulting from:
- the use or the inability to use the website content / ;
- the cost of procuring substitute content / ;
- any information obtained / purchased or transactions entered into through the website; or
- any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of www.tradesala.com/Tradesala E-Commerce Private Limited will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources /, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You will release, indemnify, defend and hold harmless Tradesala E-Commerce Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
- this Agreement or the breach of your warranties, representations and obligations under this Agreement;
- the Website content or your use of the Website content;
- the or your use of the subscriptions and features (including Trial);
- any intellectual property or other proprietary right of any person or entity;
- your violation of any provision of this Agreement; or
- any information or data you supplied to Tradesala E-Commerce Private Limited.
When Tradesala E-Commerce Private Limited is threatened with suit or sued by a third party, Tradesala E-Commerce Private Limited may seek written assurances from you concerning your promise to indemnify Tradesala E-Commerce Private Limited; your failure to provide such assurances may be considered by Tradesala E-Commerce Private Limited to be a material breach of this Agreement. Tradesala E-Commerce Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content /, with the counsel of Tradesala E-Commerce Private Limited’s choice at its expense. Tradesala E-Commerce Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Tradesala E-Commerce Private Limited against any claim, but you must receive Tradesala E-Commerce Private Limited’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the Website.
The buyer shall keep www.tradesala.com indemnified against freight, and other charges including duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any related to quality, quantity and condition. The buyer shall keep www.tradesala.com indemnified from any sequential liability due to the product related issue or due to the delay in delivery of the product.
The buyer shall keep www.tradesala.com indemnified against all duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments and shall keep www.tradesala.com indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
The buyer will be solely responsible to comply with all statutory requirements (State, Central Laws/Statutes, Tax Laws and Local Laws) applicable in relation to booking, sale and transportation of the shipments carried and delivered by www.tradesala.com in pursuance of this agreement.
The buyer shall keep www.tradesala.com indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory or the like) on account of any act/omissions on its part.
Copyrights / Trademarks:
All content and materials available on www.tradesala.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Tradesala E-Commerce Private Limited and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Tradesala E-Commerce Private Limited.
Agreement to Be Bound:
BY USING THIS WEBSITE OR ORDERING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
- Force Majeure: Tradesala E-Commerce Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: Tradesala E-Commerce Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of our services.
- Entire Agreement: This Agreement comprises the entire agreement between you and Tradesala E-Commerce Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
This website is controlled by Tradesala E-Commerce Private Limited from our offices located in the state of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India, by accessing our website, you agree that the statutes and laws of Tamil Nadu, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any through this site.
Effect of Waiver:
The failure of Tradesala E-Commerce Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
This Website originates from Thoothukudi, Tamil Nadu, India. This Agreement will be governed by the laws of the State of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India without regard to its conflict of law principles to the contrary. Neither you nor Tradesala E-Commerce Private Limited will commence Tamil Nadu, India. This Agreement will be governed by the laws of the State of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India without regard to its conflict of law principles to the contrary. Neither you nor prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India. By using this Website or ordering, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
This website is controlled by Tradesala E-Commerce Private Limited from our offices located in the state of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India, by accessing our website, you agree that the statutes and laws of Tamil Nadu, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Tamil Nadu, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Tradesala E-Commerce Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Tradesala E-Commerce Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for. If your access to the Website is terminated, Tradesala E-Commerce Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Tradesala E-Commerce Private Limited chooses, in its sole discretion and without advance notice to you, to terminate it.
Tradesala E-Commerce Private Limited makes no representation that the Website or are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Supplier payouts are restricted to the Lock-In time period guidelines set by Tradesala E-Commerce Private Limited and it reserves the right to change the Lock-In time period for suppliers to request for the disbursal of their earnings at any time.
Cancellation and Refund:
Cancellation of order is not possible once the payment has been made for any Tradesala services/subscription/feature inclusions. No refunds will be given except in the event of cancellation or non-performance of service by Tradesala E-Commerce Private Limited.
Unless otherwise expressed, Tradesala E-Commerce Private Limited & www.tradesala.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / for a particular purpose and non-infringement.
You may not assign your rights and obligations under this Agreement to anyone. Tradesala E-Commerce Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
- Tradesala E-Commerce Private Limited
- Old no 85/3 new no 95/3,
- Naicker street, Kadalaiyur,
- Ettayapuram TK,
- Thoothukudi District,
- Tamil Nadu, 628902
- Mail ID: firstname.lastname@example.org