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USER AGREEMENT
Welcome to the Naayatrade Platform!
This agreement forms the part of the Terms (defined hereinafter) and is applicable on the User(s) of the Naayatrade Platform. Since the document is formed as per the provisions of the Information Technology Act, 2000 and is an electronic document, hence no digital or the physical signature is
required.
DEFINITION
“Platform” refers to the website, Mobile Application which is accessed by the User for interacting with the other user. For the ease of reference the term “Naayatrade” is also been used to refe Platform.
“User” shall means the corporate entities (such as Sole Propritoship/ partnesrhsip) who are registered buyer and the Seller and are using the Platform for the Commercial Purpose. For the ease of reference the term “you”, “your” are also been used to refer to the User
“Applicable Laws” shall mean laws in India, which shall include all statutes, and enactments, including but not limited to acts of legislature or parliament, ordinances, rules, by-laws,regulations,notifications, guidelines, policies, directions, directives,orders,requirement,or other governmental restrictions or any similar form of a decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, or court having jurisdiction over the matter in question.
“Intellectual Property” shall mean and include all the Service Recipient& 39;s intangible property and its derivative works, modifications, changes, versions, and/or drafts, along with the following perpetual worldwide rights relating thereto (collectively or individually), irrespective of whether it has been filed or registered: Patents, copyrights, trademarks, trade names, trade secrets and/or any other intellectual property right as per general definition of the terms.
APPLICATION AND THE ACCEPTANCE OF TERMS
The User hereby agrees that the use of Naayatrade Platform are subject to the Conditions mentioned in the “Terms” and the Naayatrade reserves the right to restrict such use if the User doesnot adhere to those Terms.
The user hereby agrees to the binding nature of this agreement. If the user does not wish or does not agrees to bound by the agreement then they may not use the Naayatrade platform.
The User should read the Privacy Policy which governs their collection, use and discolosure of the Personal Information and consents to use of such personal information by the Naayatrade in accordance with the Privacy Policy.
SERVICES OFFERED
Naayatrade is an intermediary platform and is involved in the Services of Providing the Platform to the Buyers and the Sellers to interact with each other and engage in the commercial transaction.
1. RENDRING OF SERVICES
The Users hereby agrees to register on the Platform for availing the services that are provided by the Naayatrade. The Platform reserves the right to restrict the use of the User who in manner violates the Terms of the Naayatrade.
Naayatrade will not be liable to the User(s) or to any other for any content, material and imformation that is transmitted over the platform including such content which is misleading, fradulant, untrue or which in any maneer harms to the user. The user shall be liable to do the due deligence before enterning into the transaction with the other user.
User agrees and Confirms that the Services provided by the Naayatrade are on the best effort basis and Naayatrade can engage any other third party service to faciliate such services.
The User further acknowledges that the the Platform in any manner shall not be held liable for the failure or delay in rendering of service, temporary or permanent discontinuance of services due to any such condition which is unavoidable and beyond the scope of reasonable control.
The User acknowledges that the services are provided on an ‘as is’ and “as available” basis and are subject to intruption while using the platform for any purpose. The user reserves the right to suspend
the services without stating any reason at its sole discretion.
2. USER ELIGIBILITY
The User represents and warrants that they have the right to avail and use the services provided by the Naayatrade. The platform shall be available to the users who are eligible to enter into the contract with the Naayatrade under the Indian Contract Act, 1872.
For the reference of the Conditions mentioned in this Agreement, the Services can be availed by Sole Propristorhsip, Companies & Partnership and the Individuals who are eligible under the applicable laws and are using the services for the commercial purpose only.
3. PLATFORM MERELY A FACILITATOR
The Naayatrade platform serves solely as a facilitator between the Users (the buyer and the Seller).The Seller and the Buyer interacts directly regarding the sale and the purchase of goods or services, with Naayatrade having no involvement in the between users.
Users hereby acknowledge that the Naayatrade is not responsible for actions of the user, nor for any fault (including but not limited to quality, availability, safety, genuineness, lawfulness of the products and services)of the Products and Services. This agreement does not create a joint venture, partnership or any other form of of business relationship between the user and the Naayatrade. User(s) hereby agrees to be solely responsible for all the information they provide on the Naayatrade Platform. If any User misrepresents the information or uses the Naayatrade platform in name of the third party without proper authorization, the Naayatrade reserves the right to permantly disable the account.
4. USER AGREEMENT
This agreement applies to all the Users of the Naayatrade Platform. The Agreement shall be binding and if the User found to be violating the provisions of this Agreement, the account of such User shall be disabled permanently. Users may access the website strictly for the commercial purposes.
The Naayatrade platforms reserves the right to prohibit the access to the Users who use the platform for the personal use.The users are strictly not allowed to trasnfer the Rights provided by the Naayatrade to the third party without the prior consent of the Naayatrade. The Agreement is applicable on the service offered through the Naayatrade along with any additional terms which maybe applicable in respect of any specific service which is used or accessed by the User.
5. AMENDMENT TO AGREEMENT
Naayatrade reserves the right to change, modify, amend or update the Agreement from time to time and such amenede provisions shall be effective from the time of being posted on the Website. If you do not agree to the updated provisions, then you must stop using the services with immediate effect. Your contineous use of the Services shall be deemed to signify Your acceptance to the amended provisions of this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
Naayatrade is the exclusive owner and authorized licensee of all rights related to the Website and its content ("Website Content"). This includes all elements of the Website such as design, layout, text, images, graphics, sound, and video. The Website Content is protected under global copyright and other intellectual property laws, encompassing trade secrets and various rights. All rights, title, and ownership of the Website and its Content are retained by Naayatrade, its affiliates, or the licensors of the Website Content.
The information and advertisements available on the Website ("Website Information") are provided solely for general informational purposes for personal use. Users assume full responsibility and liability for their use of such information. Naayatrade makes no guarantees or endorsements regarding the accuracy or reliability of Website Information, or the quality of any products or services obtained based on such information. The information provided on the Website is offered "as is," without any warranties, express or implied, including but not limited to warranties of performance, merchantability, or suitability for a particular purpose. Users should conduct their own investigations and exercise sound judgment.
Naayatrade is not liable for any damages, whether direct, indirect, incidental, punitive, or consequential, resulting from the use of its services. Users acknowledge that reliance on theinformation is at their own risk and that Naayatrade cannot be held responsible for any infringement of third-party rights. Naayatrade reserves the right to modify or correct any part of the Information at
its discretion.
Trademarks
Naayatrade; and related logos are registered trademarks or service marks of Naayatrade and are protected by relevant intellectual property laws. Unauthorized use, modification, or publication of these marks is strictly prohibited.
Copyright
All Website Content, including Website Information, is copyrighted by Naayatrade, except for third- party content and links to third-party websites. Users may not use any trademarks, service marks, or logos of third parties without prior written consent.Users acknowledge that Naayatrade is not responsible for disputes related to intellectual property rights and cannot verify the legitimacy of users' rights to sell or offer services. Naayatrade encourages users to report any listings they believe infringe their rights, but the removal of a listing does not imply endorsement of the claim. Similarly, the retention of a listing does not imply endorsement of its
legality or the products or services offered.
Content Usage
Users agree not to copy, download, reproduce, or exploit Website Content or any other material from the Website for commercial purposes, including reselling, redistribution, or creating competing businesses. Systematic retrieval of content to build a database or directory, whether manually or using automated tools, is prohibited without written permission from Naayatrade.Unauthorized use of Naayatrade Content is prohibited and may result in legal action. Users must not use Naayatrade's services to infringe upon third-party intellectual property rights. Naayatrade reserves the right to terminate access to its services if users engage in such infringements or conduct detrimental to Naayatrade or its users.
URLs/Sub-Domains
URLs or sub-domains assigned by Naayatrade to users, whether paid or free, are the exclusive property of Naayatrade and are not guaranteed to be permanent. Naayatrade reserves the right to modify, suspend, or terminate these URLs/sub-domains at any time without notice. Naayatrade is not liable for any damages resulting from such actions, including lost profits or business interruption.
Third-Party Links
The Website may include links to third-party websites. Users should review the terms and privacy policies of these third-party sites before use. Naayatrade does not control or monitor third-party content and is not responsible for any issues related to third-party websites, including the content, products, or services offered on those sites.
7. LINKS TO THIRD PARTY WEBSITE
There are third party website links available which are provided for the convenience of the User. The Naayatrade has no control over the content, material posted on such websites, resources or material uploaded on these websites neither is is responsible for monitoring the Websites. Naayatrade shall not be liable for any of the contents so posted on the Third Party Websites. Users are hereby advised to read the terms and conditions of use and/or privacy policies applicable in regards to the Third Party Websites prior to accessing such Third Party Websites.
8. TERMINATION
The Platform is providing some of it’s services to the User(s) without any charges however it reserves the right to terminate or restrict some of it’s services to any of its user, with or without assigning any reason, with or without providing the prior intimation to any of its user (paying or the registered Users). The Naayatrade reserves the right to terminate or modify the User’s access to its platform at any time or introduce new features without prior information to the User. The Naayatrade reserves the right to terminate any User’s access to its platform without the prior intimation to its employee Naayatrade can terminate the user(s) agreement in case of the below reasons:
(i) If the User is indulge in any of the fraudulent activities
(ii) If the User seems to violate the Product Listing Policy and the Privact Policy
(iii) If the User misrepresents himself
(iv) If the user uses any of the Third Party Information which he has no right to access to
(v) If the User found to infringe or violates the Rights of the Naayatrade
(vi) If the User seems to found indulge in any such activity which is violating the other User’s right to rightful use.
In case of termination of the paid user(s) right to access, then the User shall not be eligible to re-register or renew the membership.
In case the Naayatarde decides to renew the Services of the user, the same shall be communicated to the User via Naayatrade authorized e-mail or letter.
9. DATA PROTECTION
Personal Information provided by the User(s) while accessing the Naayatrade website shall be governed as per the Naayatrade Privacy Policy
10. LIMITATION OF LIABILITY INDEMNITY
The services and the features that are available on the Naayatrade platform are provided on “as is” and “as available” basis and Naayatrade disclaims any or all warranties (whether expresses or impled) including but not limited to any warranties of condition, quality, durability, performance, accuracy,reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
To the fullest extent permitted by law,Naayatrade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or related to your use of our website, whether based on contract,tort (including negligence), strict liability, or otherwise, even if Naayatrade has been advised of the possibility of such damages.
11. NO LIABILITY FOR THRID PARTY
Naayatrade is not responsible for any content provided by third parties that may be accessible through our website. You acknowledge that Naayatrade have no control over and are not liable for any such third-party content or any damages arising from your use of or reliance on such content.
12. DISCLAIMER OF WARRANTIES
Naayatrade makes no representations or warranties of any kind, express or implied, regarding the operation or availability of our website or the information, content, materials, or products included on the website. To the fullest extent permitted by law, Naayatrade disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
13. FORCE MEJURE
For the purpose of this Agreement shall mean any acts of God, including but not limited to storm, flood, earthquake, lightning, cyclone, landslides or other natural disasters, explosions or fires, strikes, lockout, lockdown, work to rule actions, go slow or similar labour disturbances or other labour action by workers or Representatives of either Party, public disorder, insurrection, rebellion, sabotage, riots, terrorism, interruption of traffic beyond the reasonable control of the Parties or violent demonstrations of a local, regional or national character at the mine or at any place where the Agreement or part thereof is to be performed, the outbreak of an epidemic, pandemic, or other communicable disease in any place where the Agreement or part thereof is to be performed, any order, regulation, directive, requirement from any Governmental, legislative, executive or judicial authority or a change in law.
User agrees that Naayatrade shall not be liable or responsible for any failure to perform or delay in performance of their respective obligations hereunder, when such failure or delay is due or attributable to or arises out of, any Force Majeure Event, provided a notice of occurrence of any Force Majeure Event is promptly given to the other Party;
14. MISCELLENEOUS
Unless otherwise provided, this agreement along with other Terms constitutes the entire agreement between the User and the Naayatrade and governs the User’s use of Naayatrade platform and any of the Services. These terms shall superseds all the oral or the written agreements in regards to the usage of this platform and any of its services. Naayatrade and the Users are independent contrators and this agreement does not create any agency, joint venture, employment or partnership between the parties, neither this will giver right to either party to control the actions and the day to day activities of each other.
If any provision or the part of the provision Agreement is held to be unenforceable or invalid, the remainder of the Agreement shall not be affected, and the remaining terms will continue in effect and be binding on the Parties.
If Naayatrade fails to enforce any of its right or take action against the user for the breaches, then such failure shall not lead to the waiver of Platform’s right to take action agaist that user or any other
user in future. Naayatrade reserves the exclusive right to trasnfer all the terms (including titles, rights, benegitd, interests, obligations and duties in the terms) to any other person or the third party. No such right is available to the User (Registered or Unregistered
15. NOTICE AND CONTACT DETAILS
You may submit the greviances, complaint in regards to your access to the platform, abuse of your right or discrepencies in regards to the platform to the Greviance Officer/s at the below mentioned details.
Contact Details:
Greviance Officer
Name :- Kakuli Goyal
Address:- Nayatrade Business Ventures Pvt Ltd
OPPOSITE MEHBOOB STUDIO, 3RD FLOOR,
OFFICE NO 302, HILL VIEW 2 MOUNT VIEW CHS LTD,
Hill Road, Bandra West, Mumbai,
Mumbai Suburban, Maharashtra, 400050
Mobile No:- +91- 9152520018
Email Id -kakuli@naayatrade.com
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