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