Terms & Conditions of use of IIFJAS MARKETPLACE MOBILE APPLICATION:
In connection with using or accessing IIFJAS MARKETPLACE mobile app., you agree to comply with this User Agreement / Agreement, our policies, our terms & conditions, and all applicable laws, rules, and regulations. By registering on / subscribing to IIFJAS MARKETPLACE and accessing any of the app features or tools, you accept and agree that you have fully read, understood and accepted the Agreement, and your age is 18 years and above.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING
The following Agreement includes the below mentioned terms and conditions of use, applicable to all users of IIFJAS MARKETPLACE (further referred to as “IM”), a mobile application (platform) that facilitates business / communication between suppliers and buyers globally. This agreement stands valid legally between “Radiaant Expositions Ltd. / IIFJAS MARLETPLACE” and “You / your company / your employees using this mobile app under your company registration / user(s)” (including, but not limited to individuals or business entities, including sole proprietorship firms, companies, partnerships, LLPs, individuals, re-sellers, etc.), as the users of the IIFJAS MARKETPLACE. This Agreement also applies to any legal entity which may be represented by any person / entity who accesses or uses IM on a user’s behalf, under actual or apparent authority.
Content and related responsibilities:
When you post any content on IM (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against IM / Radiaant Expositions Ltd., our assignees, our associates, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services
IM does not represent, warrant or endorse in any manner, and are not liable for the accuracy or reliability of content / details placed / posted on IM, or the quality of any products and/or services obtained by the User(s) on / through IM. User(s) acknowledge and agree that by taking down a listing / suspending a membership, IM does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which IM declines to take down a listing, IM does not and cannot be deemed to be endorsing that the listing is not infringing of third-party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
Registration on App
User(s) registering on IM on behalf of business entities represent and warrant that they have the requisite authority to bind such business entity with this Agreement; and all information provided to IM during the registration process is true, accurate, current and complete. User(s) agree that by registering on IM, they consent to the inclusion of their personal and business data in IM’s database and authorize IM to share such information with other User(s) and its affiliates / associates / partners. User(s) registered on IM are in no manner a part of or affiliated to IM.
Subscription Fees / Charges / Taxes
The subscription fees charged for using our Services are listed on IM mobile application. We may change our subscription / package fees / features under all subscription types from time to time by posting the changes on the IM mobile app with no advance notice required. The same will be applicable to all members / users of IM from that date onwards. IM may choose to apply / not apply these changes on existing memberships / subscriptions at their own discretion, if needed, and no User(s) will be eligible for any claims / refunds for any such change applied. All taxes shall be borne by the User(s) as applicable under the Indian and respective international laws.
Guarantees / Responsibilities / Payments:
IM acts simply as a mediating / communication platform between Sellers & Buyers, and holds no responsibilities towards any issues arising between any parties pertaining to payments / availability / genuineness / quality / quantity of products / ownership of products / false personal or business information, etc. All deals / transactions / communications between Users of IM will be their individual responsibility. IM / Radiaant Expositions Ltd. are not liable for any orders / transactions / negotiations that take place between the User(s) of the IM mobile app and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the app.
Policy Enforcement
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be reasonable and lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
Authorization to Contact You; Recording Calls; Analyzing Message / Chat Content
IM may contact you using calls, autodialed or prerecorded calls and text messages / notifications, app notifications, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) notify your regarding IIFJAS exhibitions / shows / visitor registration (vi) poll your opinions through surveys or questionnaires; or (vii) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. IM may also contact you using calls, autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions). IM may share your telephone number with its authorized service providers / strategic partners / associates as stated. These service providers / strategic partners / associates may contact you only as authorized by IM to carry out the purposes identified above.
IM may, without further notice or warning and in its discretion, monitor or record chats / telephone conversations you or anyone acting on your behalf has with IM or its agents for quality control and training purposes, or for its own protection. IM’s automated systems may scan and analyze the contents of most messages sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of IM’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. IM may store message contents, including to conduct this scanning and analysis. All aforementioned terms stay valid and applicable even if contact number(s) provided to IM upon registration are on Do Not Call Registry (DND).
Privacy of Others
If IM provides you with information about another user / or information of other user(s) you have got through IM, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user / IM to do so.
Disclaimer / Warranties / Limitation of Liability
IM tries to keep its Services safe, secure, and functioning properly, but does not guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will IM (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or IM was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
(a) the content you provide (directly or indirectly) using our Services; (b) your use of or your inability to use our Services; (c) delays or disruptions in our Services; (d) viruses or other malicious software obtained by accessing or linking to our Services; (e) glitches, bugs, errors, or inaccuracies of any kind in our Services; (f) damage to your hardware device from the use of any IM Service; (g) the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; (h) a suspension or other action taken with respect to your account on IM; (i) the duration or manner in which your listings appear in search results; or (j) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; (k) any changes / termination of any features / tools / interface of the app; (l) any delay or failure or disruption of the content or services delivered through IM 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; (m) Unauthorized access by third parties to data or business information or private information of any User(s).
Storage, duration and erasure
Your personal and company data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this Agreement. Subsequently, we will delete your personal / company data / content on IM in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer. As far as legally permissible or required, we restrict the processing of your data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where we may still need the data for the execution of the contract or for the assertion of or defense against legal claims, or where such retention is otherwise required or permitted by law. In these cases, the duration of the restriction of processing depends on the respective statutory limitation or retention periods. The data will be deleted after the relevant limitation or retention periods have expired. User Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the country you reside in. By submitting your personal data, you agree to such transfers. We will ensure appropriate safeguards to ensure that your information is processed with the highest standards of safety, transparency and fairness. IM holds no responsibility of keeping back-ups of content / information / chats posted by user(s).
Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
General
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on IM Mobile App. Headings in the Agreement are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on IM Mobile App. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. Without limiting IM’s ability to refuse, modify, or terminate all or part of our Services, IM may also terminate this Agreement with anyone at any time for any reason, at our sole discretion. The policies and terms posted on our Services may be changed from time to time.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and IM, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Holds and Restricted Funds, Managed Payments, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
Trademark & Copyright
“IIFJAS / IIFJAS Marketplace / IIFJAS Fashion Jewellery Marketplace” and related icons and logos are registered trademarks or trademarks or service marks of Radiaant Expositions Ltd. and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. Any unauthorized adoption, copying, modification, use or publication of these logos / names / icons / marks is strictly prohibited and subject to legal action.
All Content on IM app is copyrighted to Radiaant Expositions Ltd., excluding any third-party content and any links to any third-party websites being made available or published on IM. User(s) may not use any copyrighted items / trademarks / logo of any independent third parties without prior written approval from such parties. Any such infringements with these parties / entities / companies will be sole responsibility of the user(s).
Third-Party Links
IM may promote content, products or services offered by third parties through hyperlinks / advertisements (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties (“Third-Party Websites”). IM User(s) are advised to read the terms and conditions of use and/or privacy policies applicable in respect of such Third-Party Websites prior to using or accessing such Third-Party Websites. Users acknowledge and agree that IM has no control or monitoring on any content / services offered on / by Third-Party Websites, and shall in no manner be deemed to be liable or responsible to any person / company / entity for such Third-Party Sites, or any content, products or services made available by them.
App Features, Tools & Interface
IM reserves the right to modify / terminate access to tools / certain app pages or sections / features, free or paid, at any time without assigning any reason and with or without notice to any free / paid User(s) on IM. IM also reserves the right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests / user policy of IM and/ or other User(s) of IM. IM further reserves the right to limit, deny or create different access to the IM app and its features with respect to certain / different User(s), or to change any or all of the features of the app or introduce new features without any prior notice to User(s).
Membership / Subscription / Package Termination
IM reserves the right to terminate / suspend the membership / subscription / package of any User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with IM is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions. (b) If User(s) breaches any terms / conditions / provisions of the Agreement. (c) If User(s) utilizes IM platform or its resources to send spam messages. (d) If User(s) posts any material that is not related to trade / industry specifically focused by IM. (e) If User(s) impersonates or unlawfully uses another person’s or business entity’s identity / name / products to post information or conduct business in any manner. Indiamart(f) If User(s) is involved in unauthorized access, use, modification, or control of the IM or other IM User(s)’ database, network or related services. (g) If, by any means, User(s) obtains another registered User(s) Username and/or Password. (h) Or if User(s)’ activity may not be in accordance with right business ethics and honest business practices.
If IM terminates the membership / subscription / package of any registered User(s) including those User(s) who have subscribed for the paid services of IM, such person / company / entity will not have the right to re-enroll or join IM under a new account or name unless agreed to do so in writing by IM. In any case of termination, the membership / subscription / package fee / charges paid by the User(s) will NOT be refunded. User(s) acknowledge that their inability to use IM wholly or partially for whatever reason will not make them eligible for any refund.
Misuse of IM Database, Content or Services / Platform
User(s) agree and accept that they will not use IM’s Database, Content or Services to send junk or marketing emails, chain letters, selling / re-selling database or spamming and that they will not use IM platform / resources to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further confirm and agree that, through any means, they will not use IM platform, resources and services to: defraud / mislead / harass other User(s) / non-users of IM / be a part of any other unlawful activities. User(s) further confirm that they will not guide, help, contribute-with or partner any individual or entity in connection with a commercial activity that competes with IM / Radiaant Expositions Ltd / IIFJAS Exhibitions.
User(s) further confirm(s) that they will not be directly / indirectly involved in theft / leaking / sharing of any of IM’s Database, Content, Information, Technical Details, Trade Secrets, Policy Details, Software or Hardware related information or materials through any means or sources including, but not limiting to, humans / bots / robots / crawlers / viruses / software / hardware and other means. Any involvement of any User(s) in any activity or source that contains computer viruses, bugs, malwares or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or stealing any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of IM systems / app or any IM user’s mobile, will make that User(s) liable for a legal action.
IM, at their sole discretion and decision, shall decide to co-operate with government authorities, private investigators and / or affected third parties, in their investigation of any suspected criminal or business related offense involving any IM User(s) or IM platform.
Correspondence and Notices
All correspondence / notices to IM shall be effective if in writing on our official email addresses iifjas.radiaant@gmail.com and / or sent to Radiaant Expositions Ltd., Row House # 3, Beverly Park, Kanakia, Next to Sadhguru Complex, Mira Road East, Thane – 401107, Maharashtra. India.
Disputes & Governing Law
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory and all legal procedures / processing will be subject to the jurisdiction of the Honorable Courts of Bombay (Mumbai), Maharashtra, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the honorable courts of Bombay (Mumbai), Maharashtra, India.
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