- "Agreement" shall mean this User Agreement and shall include the User application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Illegal/Prohibited Content, Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Company may in its absolute discretion add to the Site from time to time. It shall be deemed to have been executed at New Delhi.
- "Banner" means a service offered to a User wherein a graphic image is placed on the Site and used to advertise the product(s) and/or service(s) of the User and this graphic image is linked to the User's own website.
- "Call Me Free" means a service offered to a User on the Site which helps the User to connect with other Users who have subscribed to this service. Using this service, a User who may be a prospective Buyer can call a listed seller on the Site. In order to receive enquiries from prospective buyers, prospective sellers, on the Site, may subscribe to this service by paying money to buy calling time for their prospective buyers. The Company may offer this Service on a trial basis to Users, as well. This service is also commonly referred as CLICK TO CALL.
- "Company" means Shop India Network Corporation, a Company incorporated under the Companies Act, 1956 and having its registered office at C-1, Main Shopping Centre, Vasant Vihar, New Delhi - 110057, along with its unit for the Company's website called tradekhan.com and where the context so requires, means and includes all Shop India Network Corporation's officers, directors, employees and subsidiary, associate and affiliate entities, and/or business entities with whom Shop India Network Corporationenters into a partnership or strategic or financial alliance.
- "Credit Report" is a third party paid service provided to a User to obtain information about another company or legal entity, including detailed analytical information about profitability, past and present trading analysis and ownership essentially with a view to analyze their credit rating and stability.
- "Customized Header Catalog" is a subtype of On-line Catalogs that allow the customer to have catalog designed to his taste, however the functionalities available on the Catalog are fixed and are a part of the standardized offering.
- "Customised Websites" is a platform for Users to showcase their products or services on the Site.
- "Date of Commencement" of service i.e. live hosting of product is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
- "Date of Termination" means the date when the User's subscription comes to an end. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
- "Dial B2B – Phone Search Service" means the Service by which the Company offers a FREE search through the telephone service helping prospective buyer(s) in getting details of prospective supplier(s) for their required product by email and/or sms. The User is required to call an (India) toll free number with an enquiry. A Company representative in response to the enquiry passes on the User's buying requirements and contact details collected telephonically to prospective sellers and the details of the prospective sellers to the user.
- "E-seller Facility" means a payment gateway service granted by a third party bank or financial institution, and is subscribed by a User either independently or through the Company to facilitate On-line sale of goods through their website or the On-line Catalog.
- "Illegal/Prohibited content" means the content Hosted on the Site which is either illegal or prohibited by law or both and includes content which has been specifically set forth on the Site as such.
- "Multilingual Service" is a part of the On-line catalog & Customized Website services. A User can also subscribe to Multilingual Service, which is a facility for the User to present his On-line Catalog or Customized Website on the Site in upto 10 different languages of his choice including English. A User may use this service to see the content of an On-line catalog or Customized Website translated in a language of their choice to be selected from the languages appearing on the web page(s)/Site. The multilingual service is based on machine translation and no guarantees can be provided about the quality of the machine translation particularly if it were compared to the translation quality if done by a human language expert.
- "Online Catalog" is a platform wherein a User can showcase its/his products or services Online by posting on the Site the photographs and ordering information of such product and/or service. Note: Terms Online Catalog or Online Catalogue both refer to same product Online Catalog.
- "10 Page Online Catalog" is a larger and more descriptive form of Online Catalog with multiple features and several sections offered to a User, to show case his/their products and services on the Site in greater detail.
- "Party" or "Party(ies)" means the User and/or the Company in reference to the context.
- "Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.
- "Sensitive Personal Data/Information" means such personal information of a
User which consists of information relating to:-
- financial information such as Bank account or credit card or debit card or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- Biometric information; or
- any detail or information relating to the above clauses provided by User.
Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Data/ Information for the purposes of the Agreement.
- "Services" means the Services provided by the
Company to the User of the Site and includes the following facilities:
- Services to the User wishing to post his contact details in the Exporters Yellow Pages and/or other such directory services published in print or in other media by the Company;
- Services to the User who wishes to advertise and gain exposure for their business through On-line Catalogs, Website Hosting and Customised Websites, Customized Header Catalog, Call Me Free, ESeller Facility, Dial B2B, Multilingual Catalogs and 10 Page Online Catalog, Trade Leads, Trade Lead Ratings and/or Banners through the Site;
- Services to the User who wishes to insert advertisements at the Site;
- Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp;
- Services to the User who wishes to obtain ready to use global tender information of all major global and Indian tenders;
- Such other or further services that may be provided by the Company and/or tradekhan.com from time to time.
- "Site" means tradekhan.com and includes any link which opens with the Site and unless repugnant to the subject and context thereof includes other websites operated by the Company.
- "Tenders" is a service provided by the Company whereby the User can access a database that contains the latest information on tenders floated by government and private organizations all over the globe.
- "Trade Leads" is a service provided to a User wherein a User posts information about a particular product and/or service that he wishes to procure or sell on the Site.
- "Trust Stamp" is a paid service offered to a User wherein the User permits the Company to undertake verification of its credibility, reliability and trustworthiness in the market.
- "User" is defined as a person whether legal or juristic, or any body corporate who makes use of the Site in any manner and includes all individuals and/or corporate members/subscribers who use the Services provided by the Site, whether or not for any payment. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User; and Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site. Each registered User is given a unique User ID by the Site.
- "Web Hosting" is a service provided to a User wherein the Site provides storage, connectivity and related services necessary to host the website of the User's business.
- For the purposes of this Agreement, the term ‘host, “hosting” or derivatives thereof means and includes hosting, displaying, uploading, modifying, publishing, transmitting, updating and/or sharing of any information.
- The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Site by the User or any provision hereof in any manner whatsoever.
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- contain fraudulent information or makes fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or Illegal/Prohibited items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- infringes any patent, trademark, copyright or other proprietary rights of any party;
- violates any law for the time being in force;
- is a part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;
- deceives or misleads the addressee about the origin of such messages;
- communicates any information which is grossly offensive or menacing in nature;
- relates 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 secrets or other proprietary right or rights of publicity or privacy, or any other third party rights;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- contains 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;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- is in contravention of the Information Technology Act, 2000 and any other law for the time being in force;
- opens links directly or indirectly to or include descriptions of goods or Services that are prohibited under the prevailing law; or
- Otherwise creates any liability or adverse publicity for the Company.
- 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.
- The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim 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.
- 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.
- The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim 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.
- 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.
- Do NOT abuse the Trade Lead Rating system. Abuse of the Trade Lead Rating system includes using the user id of another User or the Users own secondary user ids to raise the Users own Trade Lead rating or lower the rating of another Trade Lead 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 without prior notice and/or at its sole discretion upon an investigation into the rating. The ratings system promotes freedom of expression on Company, however the Company encourage Users to rate other Users singularly based on their experiences while transacting business. The Company shall remove Users feedback only in exceptional circumstances.
Company reserves the right to suspend and reactivate any user id
depending on negative or positive ratings of the particular User.
Company may also caution Users transacting with buyers/sellers who have
been suspended. Once a User is suspended, all live Trade leads of that
User will be closed and Trade leads that are loaded shall be deleted as
- The Company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular User. Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live Trade leads of that User will be closed and Trade leads that are loaded shall be deleted as well.
- If the User feels that an unfair rating has been received or there is any evidence of any abuse of the rating system, please contact the Grievance Officer (Clause 25) of the Company.
- User displays any information, data which is illegal or prohibited by any law for the time being in force including but not limited to the Illegal/Prohibited Content;
- User is in breach of the User Agreement or the documents it incorporates by reference;
- Company is unable to verify or authenticate any information the User provides;
- It is believed that the User actions may cause legal liability for the User, other Users or the Company;
- A User puts any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- A User is unable to produce, when asked for by the Company, a certified copy of a consent, licence, approval, permission or similar certification requisite for goods and/or services a User proposes to Host/has Hosted on the Site;
- Any monies payable by the User to the Company are not paid on the due date; or
- A complaint is received by the Company from another User or a third party and necessary action to resolve the complaint is not taken within 10 (ten) days by such User.
no event shall the Company be liable for:
- any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) arising out of or in connection with the Site, its Services or this Agreement (however arising, including negligence); and/or
- any delay or failure or disruption of the content or services delivered through the Site 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, strike, labour disputes, riots, insurrections, civil disturbances, shortage of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.
- The Company, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. All such warranties, representations, conditions and undertakings are hereby excluded.
acknowledge that inability to use the website wholly or partially for
whatever reasons may have an adverse effect on its business. The Company
assumes no liability whatsoever for any monetary or other damage
suffered by the User including on account of any one or more of the
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Services;
- The use or inability to use the Site or the Services;
- Any interruption or errors in the operation of the Site or the Services;
- Any unauthorized access by third parties (or User’s) to data or sensitive Personal Data/Information or other private information of a User;
- Any false, misleading or incorrect data or information Hosted on Site by a User or false misleading or incorrect statements or conduct of a User;
- Any violation of third party rights or claims or demands whatsoever in relation to the products or Services Hosted on the Site;
- Any matters relating to Services and/or the Site however arising, including negligence.
- Notwithstanding anything contained herein, the Company's liability in any and all circumstances shall be limited to the lesser of the amount of fees and/or charges paid by the User or Rs. 10,000/- (Indian Rupees Ten Thousand) or the US$ Dollar equivalent thereof.
- For any complaints and grievances, User may contact the Grievance Officer, Shop India Network Corporation, C-1 Main Shopping Centre, Vasant Vihar, New Delhi – 110 070 India. +91-11-46710500; or email: firstname.lastname@example.org
- All complaints to the Grievance Officer shall be made in writing giving a detailed description of the complaint/grievance of the User.
- The Grievance Officer shall redress all complaints within one (1) month from the date of receipt of complaint.
- Any dispute arising out of or in connection with or relating to the meaning, interpretation this Agreement, including a dispute regarding the existence, validity or termination of the Agreement (between a User(s) and the Company) or the documents it incorporates by reference or the consequences of its nullity, which cannot be amicably settled or resolved by the Grievance Officer within thirty (30) days of the date of such dispute arising, shall be referred to any finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (or any statutory amendment or modification thereto). The arbitration shall be conducted in accordance with the Rules of Delhi High Court Arbitration Centre.
- The arbitration shall be conducted by a Sole Arbitrator who shall be Retired Judge of the Supreme Court or Delhi High Court. All proceedings in any such arbitration shall be conducted in English. The venue of the arbitration proceedings shall be New Delhi.
- The arbitral tribunal shall give a reasoned award and the same shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The arbitrator shall be free to award appropriate costs. The arbitration award shall be enforceable in a competent court.
- It is clarified that disputes between User(s) inter-se or between User(s) and third parties are not covered by this clause.
- This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
- The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Delhi, India.
This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000