PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
LAST UPDATED ON 27.05.2016.
1. USING steelexchange.in:
Before you use or subscribe to and/or begin participating in or using the Site, SE.in believes that User(s) have fully read, understood and accepted the ATU, which may be updated by us from time to time without notice to you. If you do not agree to or wish to be bound by ATU, you may not access to or otherwise use the Site.
You can review the most current version of the ATU at any time at:
2. WHO IS A USER
2.1 A User can be any individual or any legal entity that operates in India or in other countries but shall always be persons who are competent to enter into a contract in accordance with the relevant provisions of Indian Contract Act, 1872. Hence, a minor (i.e below the age of 18 years) shall not be entitled to use the Site in any manner whatsoever. A User includes a person who lists its/his products/services (collectively “Listed Materials”) on the Site to invite offers from other Users. Such Users are referred in this User Agreement as “Sellers”, wherever the context so requires. A User also includes a person who avails the Services (as defined in clause 3.1 below) to collect information on price, technical details and other details about the Listed Materials with a view to purchase the Listed Materials. Such Users are referred in this User Agreement as “Buyers”, wherever the context so requires.
2.2 A User shall be become a Registered User or Member of our Site by simply registering as prompted in the service’s registration form (such information being the "registration data") whereby you will receive a password and account designation upon completing the registration process. Buyers shall be bound by the terms of the Buyers’ Registration Kit provided at the Site and Sellers shall be bound by the terms of the Sellers’ Registration Kit provided at the Site.
2.3 User also includes “Affiliates” of the User. “Affiliates” of a User hereto means any entity which Controls, is Controlled by, or is under common Control with the party specified, including any entity that conforms to the definition as of the Effective Date and anytime thereafter during the term of this Agreement.
2.4 SE.in or the Company also includes its “Marketing Partners”. “Marketing Partners” of SE.in or the Company means any entity or person with whom SE.in has signed a Marketing Agreement to promote the services of SE.in.
3. ABOUT SE.in AND CONDITIONS OF SERVICES RENDERED
3.1 This Site is purely a commodity trading facilitation platform using reverse auction mechanism providing for technical details on products, trading, auctioning, pricing, buyer syndication, news and other information services related to various products and services in the field and business of industrial as well as non-industrial material supplies and services(“Services”). Through this e-platform, the Users shall engage in trading of goods or services i.e. the buying and selling, where SE.in would solely act as a facilitator of information and for any reasons whatsoever, shall not be responsible for any kind of negotiations or transactions that takes place between the various Users of the Site. For the sake of clarity, SE.in’s role will be limited to connecting the Buyers and Sellers and SE.in or the Company undertakes no obligations, responsibilities, covenants, conditions, warranties or guarantees with respect to any transaction.
3.2 Unless explicitly stated otherwise, any new features those enhance or augment the current Service, including the release of new features, shall be subject to this User Agreement. You understand and agree that the Service is provided "As-Is" and that SE.in assumes no responsibility for the pricing mechanism, timeliness, quality, deletion, mis-delivery or failure to store any User communications or personalisation settings.
3.3 Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by SE.in, but may constitute an invitation for you to place an order with the concerned Seller in relation to the Listed Materials displayed in the Site.
3.4 Content that is considered obscene or opposed to public policy under Indian law is strictly forbidden on the Site.
3.5 SE.in do not have and never intend to have any contractual involvement in your transactions, as we are only a facilitator or an intermediary.
3.6 You must exercise utmost care to screen the parties with whom you deal as we neither involve nor mediate or resolve any kind of disputes or disagreements that may arise due to this auction or normal process of a sale transaction. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and Seller that you willingly accept.
3.7 SE.in shall neither be liable nor responsible for any actions or inactions of Seller(s) or any breach of conditions, representations or warranties by the Seller or manufacturer of the products.
3.8 You further agree and undertake that you are accessing the services available on this Site including but not limited to the bidding, transacting, etc. at your sole risk and are using your best and prudent judgment before doing any activity and/ or entering into any transaction through this Site.
3.9 You irrevocably and unconditionally hereby agree and consent that SE.in is in no way responsible and liable in any way for your actions on this Site including but not limited to you buying bids, product content, raising an enquiry, submitting a quote, submitting/ placing bids, hosting auctions etc.
3.10 SE.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items by the Supplier, which are out of stock, back ordered, returned undelivered or otherwise unavailable.
3.11 Unless agreed specifically by Buyer, SE.in shall not be responsible or liable in any manner whatsoever for refund of any fees paid to SE.in in relation to the Services, where any enquiry does not fructify into a successful transaction of sale. It is expressly understood by the Users that SE.in receives its fees solely in connection with the facilitation Services rendered through its Site and does not in any manner whatsoever promise, guarantee or warrant quality, quantity, service of the Sellers, pricing, any volume of business or sale by way of subscription to the Site and the Services and disclaims any such express or implied warranties in this regard.SE.in does not provide any guarantees with respect to the transaction between the Buyer and the Seller.
4. YOUR UNDERTAKINGS AND REPRESENTATIONS
4.1 In case of Buyers- You represent to us and to all Sellers of goods and services through our Site that all purchases made by you through our Site will be made for purposes integral to your business or your use and will be within the scope of your authority to conclude contracts on behalf of your business.
4.2 In case of Sellers- In relation to all goods you sell or offer for sale through the Services: -
a) You must be the absolute unencumbered legal owner with the right to sell those goods or that you have a valid permit, consent or license to sell the goods.
b) Your sale or the use of goods must not infringe any third party rights or be unlawful in any way and the goods must not be a prohibited good under the laws in force in India.
4.3 Sellers must list all their items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together the “Listing Information”). Once you post the Listing Information, the item becomes a “Listed Item”/ “Listing Materials”. Once an item becomes a Listed Item, you are making an invitation of offer to auction or sell your products to the other Users.
5. AUCTION SERVICES
5.1 Our Site facilitates an exciting and convenient way to buy and sell goods over the Internet and the entire process of auction shall be carried on between the Users, as we are only the facilitators who have set the platform for you to buy/sell Listed Item/Listed Material. You are entitled to make an invitation of offer to auction the product by listing the same in our Site with due respect of complying the process as stipulated by us from time to time in this regard. In an auction the buyer lists his requirements and commercial parameters and the sellers bid to win the business. Once the lowest bidder emerges, the buyer is informed. Upon deposit of stipulated fee by the buyer, name & contact details of lowest bidder is sent to buyer. Now, buyer contacts seller offline, pays for the material at the agreed price and lifts material. Seller gives credit to buyer equivalent to payment made by buyer to steelexchange.in
5.2 SE.in does not ensure that the Users shall perform their obligations in respect of the bidding and/ or transaction concluded on this Site.
5.3 At the time that the Auction the buyer will pay a facilitation fees (as set out in the website). However the facilitation fees will be credited to the Buyer’s account in the form of a credit note immediately when the order is placed. Once the auction is completed and the details of the Seller is sent to Buyer, the Buyer will present the credit note to the Seller and the Seller will immediately give discount to the Buyer for this amount at the time the Listed Item/Material is invoiced and dispatch is made.
6. OUR PROMISES
6.1 We will permit you to access, use and interact with our Site subject to the ATU.
6.2 We will:
a) exercise reasonable care in compiling our Site;
b) use reasonable efforts to make our Site available to you at all times and
7. PRODUCT INFORMATION
7.1 Unless expressly indicated otherwise, SE.in is not the manufacturer of the products sold on this Site. While we work to ensure that product information on our Site is correct, actual product packaging and materials may contain more and different information to that displayed on our Site. All information about the Listed Materials on our Site is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Site. Please always read labels, warnings and directions provided with the Listed Materials before use.
7.2 SE.in accepts no liability for inaccuracies or misstatements about Listed Materials by manufacturers or other third parties. Sometimes product information may be sourced from manufacturers / dealers website which is publicly available. All the IP rights related to the product belong to the manufacturer. This does not affect your statutory rights.
7.3 Some Listed Materials may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the Listed Materials may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item.
7.4 Product comparisons and decision matrix by the Site are only indicative and SE.in is not liable for any inaccuracies or misstatements. Buyers should make independent comparisons on technical suitability and commercial parameters before purchasing the item.
8. YOUR REGISTRATION OBLIGATIONS
8.1 In consideration of your use of the Service, you agree to:
8.2 Provide true, accurate, current and complete information about yourself in the registration data and undertaking in the form provided herewith.
8.3 Maintain and promptly update the registration/undertaking data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or where the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our Users.
8.4 The responsibility of maintaining the confidentiality of the password and account, and take fully responsibility for all activities that occur under your password or account.
8.5 Immediately notify SE.in of any unauthorised use of your password or account or any other breach of security, and
8.6 Ensure that you exit from your account at the end of each session. SE.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
10. LISTING POLICY
10.1 For use of our Site and other Services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of all goods and services, content or information that are illegal, obscene and and/or prohibited under the laws of the Republic of India or as opposed to the public policy.
10.2 You agree to not use the Site to:
10.2.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
10.2.2 harm minors in any way;
10.2.3 impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a SE.in Official, or an Official of its Service Provider;
10.2.4 forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Site / Service;
10.2.5 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
10.2.6 upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
10.2.7 upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10.2.8 disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
10.2.9 interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
10.2.10 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
10.2.11 commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise;
(i) Advertise or sell any products, services or otherwise (whether or 1 not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (ii) use the Site and / or Services in any way that is unlawful, or harms SE.in or any other person or entity, as determined in the SE.in sole discretion. In the event you want to advertise your product please contact our Customer Service at email@example.com or call customer service at +91-9810280671.
10.2.12 Collect or store personal data about any other Users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above.
10.3 You acknowledge and agree that SE.in may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce the ATU;
c. respond to claims that any content violates the rights of third-parties;
d. respond to your requests for customer service; or
e. protect the rights, property, or personal safety of SE.in, its Users and the public.
10.4 You understand that the technical processing and transmission of the service, including your content, may involve:
a. transmissions over various networks; and
b. changes to conform and adapt to technical requirements of connecting networks or devices.
10.5 Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof
11. INTERACTION BETWEEN USERS
11.1 SE.in provides an on-line platform for exchanging information between Buyers and Sellers of Listed Materials. The Site does not represent the Seller or the Buyer in specific transactions and we do not charge any commission except the charges specified for enabling any transaction. The site will take best efforts possible to streamline the seamless conclusion of a transaction between a Buyer and the Seller.
11.2 User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretence. The Site uses several techniques (such as gathering PAN Number, TIN Number, personal verification of seller/buyer location) to verify the accuracy and authenticity of the information our User(s) provide us. However, since it is not possible in all cases and is not 100% foolproof, SE.in cannot and does not confirm each User(s) purported identity. SE.in encourages User(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the User(s) with whom they would like to deal with.
12. SITE SUBSCRIPTION AND CHARGES
12.1 By subscribing to our Site and using our Services, you agree to pay necessary services charges.
12.2 At the end of an auction, buyer will pay a facilitation fee.(as set out in the website) and the facilitation fees will be credited to the Buyer’s account in the form of a credit note immediately after the auction concludes and buyer pays our fee. Once the auction is completed and the details of the Buyer and seller is exchanged, the Buyer will present the credit note to the Seller and the Seller will give discount to the Buyer for this amount at the time the Listed Item/Material is invoiced and if goods returned due to quality issues or untimely delivery, seller will have to bear the cost of transportation. It is between the Buyer and Seller to decide if replacement goods will be supplied for the Seller’s default. (quality or untimely delivery etc.).
12.3 The details of such registration and Facilitation Fees shall be displayed by SE.in in the relevant sections of the Site and such fees shall be revised from time to time at the discretion of steelexchange.in.
12.4 Before you host auctions/ list the products for direct sale, we request you to review our fees/charges and related policies in the ‘Seller FAQ’ and ‘How to Sell’ section on the Site, which is hereby incorporated by reference into this ATU and forms part of this.
12.5 SE.in reserves the right to change its Fee and related policies from time to time. In particular, SE.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event SE.in reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be.
12.6 Company shall not be responsible for any credit card information, data security or data protection since the Company merely acts as a conduit between the Buyer and the Seller.
13. SE.in’ PROPRIETARY RIGHTS
13.1 You acknowledge and agree that the Site/ Service and any necessary software used in connection with the Site/ Service ("Software") contain proprietary and confidential information of SE.in and that it is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the content (excluding content owned by you), in whole or in part.
13.2 Unless otherwise stated, the contents of this Site including, but not limited to, the text and images contained herein and their arrangement are the property of SE.in.
13.3 All trademarks and product information used or referred to in this Site are the property of their respective owners. This Site reserves the right to deny access to any person or viewer for any reason. It is expressly agreed by the User that SE.in may at its discretion strike off or take down any information in the Site, which SE.in reasonably believes is infringing on any third party rights or has received any valid Intellectual Property Infringement notice from a third party or is legally compelled by an order or direction of a court or any other governmental regulation under which SE.in is bound to take down any content in the Site. The decision of SE.in to strike off or take down any content listed in the Site shall be binding and final.
13.4 You hereby grant to us a perpetual royalty-free, irrevocable license to copy, issue copies, communicate to the public, make publicly available any material you upload or post to our Site. You agree and acknowledge that such material is not uploaded or posted subject to any obligation of confidence.
13.5 The Service may contain links to third party websites or SE.in may at its discretion list any content regarding Listed Materials that is available in any other website, which is freely and publicly available from such third party websites and which websites are not owned or controlled by SE.in. SE.in has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website or information that is made available in this Site from such third party website. It is expressly understood by the User that such links and information of third party websites are provided in this Site only for your convenience and inclusion of such links or information in this Site does not imply endorsement or approval by us of the accuracy or otherwise of such third party websites or such information or its owners or operators.
14. GENERAL INFORMATION
Access and External Links
a. Your access to and use of this Site is governed by terms and conditions contained herein and all applicable laws. By accessing and using this Site, it is construed that following terms and conditions have been accepted by you unconditionally without any limitation or qualification.
b. External links- External links may be provided for your convenience, but they are beyond our control / SE.in’s control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
15. VOID WHERE PROHIBITED
15.1 Although SE.in is accessible worldwide, not all products or services discussed or referenced on SE.in are available to all persons or in all geographic locations or jurisdictions. SE.in reserves the right to limit the provision of any Service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such Service that it provides. Any offer for any Service made on SE.in is void where prohibited.
15.2 In addition, SE.in, makes no representation that Listed Materials on SE.in are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access SE.in from locations outside India do so on their own initiative and are responsible for compliance with local laws.
16.1 You will hereby indemnify, defend, and hold SE.in and its distributors, agents, representatives and other authorized Users, and each of the foregoing entities' respective resellers, distributors, service providers and sellers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Site.
16.2 You expressly understand that under no circumstances, including, but not limited to, negligence, shall SE.in be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Site and / or Services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site and / or Services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site and / or Services; or (v) any other matter relating to the Site and / or Services.
17. FORCE MAJEURE
Company or any of the foregoing entities' respective resellers, distributors, service providers and sellers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities' respective resellers, distributors, service providers and sellers. You further acknowledge and agree that neither the company nor any of the foregoing entities' respective resellers, distributors, service providers and sellers are responsible or liable for (a) any incompatibility between the Site and / or Services and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Site in an accurate or timely manner.
18. TERMINATION OR BLACKLISTING
We may terminate this ATU immediately if you are in material breach of any of these terms and conditions and in particular upon failure by you to pay your subscription charge or any other charges in accordance with this ATU or you are in default of any obligations to the users of SE.in and you may be blacklisted by SE.in from participating in any future auctions.
You may terminate this ATU at any time on 30 days prior notice to us. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
Should the Buyer not proceed with the transaction on more than three occasions and is, in the sole opinion of the Company, attempting to collect supplier, price, market information or is misusing the process in any manner, the Company may at its sole discretion blacklist the Buyer for a period as determined by the Company.
19. ENTIRE AGREEMENT
This ATU constitutes the entire agreement between you and SE.in and governs your use of the Site/ Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. This ATU does not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Site/ Services which may be provided to you by our licensors, sellers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
20. CREDIT CARD/ DEBIT CARD SECURITY AND REGISTRATION
20.1 You agree, understand, undertake and confirm that the credit/ debit card details or registration information provided by you for becoming as registered user will be correct, current, complete and accurate and you shall not use the credit card/debit card or any other bank account which is not lawfully owned by You. The aforesaid information provided by you will not be shared by SE.in with any of the third parties unless required by law, regulation or court order or for facilitating the transaction. SE.in will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/ password/ credit card details/ account details in any way.
20.2 Nevertheless, we use a secure server to prevent any person from gaining access to your credit card or debit card details or registration information whilst it is on our Site or being transmitted across the internet.
20.3 If you discover that goods or services have been ordered from a Seller over our Site using your credit card / debit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card/ debit card details, purchaser ID and password). SE.in shall reasonably co-operate in providing all material information regarding the transaction that has occurred through the Site, except in such cases where the transaction has been completed through a third party website in which case SE.in’s liability will be limited only to provide such information, which is under its possession and as may be reasonably required under law to enable the Buyer initiate appropriate legal and remedial action against the respective Seller. In this regard, the Buyer expressly disclaims any claims or actions that it may undertake against SE.in, to the extent permitted under law. You may have the following legal remedies against such Sellers who are required to refund to you the money they receive provided that: (a) you inform your bank who have issued credit card/ debit card and us of the unauthorised purchase as soon as you discover it; and (b) you cooperate with your bank and us of the unauthorised purchase as soon as you discover it; and (b) you cooperate with your bank, the Seller, us and if necessary, the police in relation to the unauthorised use. However, SE.in’s liability in any of the above circumstances shall solely be limited to providing information in its possession to the maximum extent permitted under law and the Buyer shall indemnify, defend and hold harmless SE.in from any claim of any nature whatsoever that may arise in this regard.
21. AMENDMENT TO ATU
SE.in may change, modify, amend, or update this ATU from time to time without any prior notification to User(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Service. Your continuous use of the Service will signify your acceptance of the changed terms.
All notices or demands to or upon Site shall be effective if in writing and shall be duly made when sent to SE.in in the following manner: To, Modi Metal & Allied Industries Pvt. Ltd., K-185/1, 3rd Floor, Surya Plaza, New Friends Colony, New Delhi-110025.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to the Site, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon the Site's posting such notice on an area of the Site that is publicly accessible without charge.
23. GOVERNING LAW AND JURISDICTION
This ATU and the relationship between you and SE.in shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and SE.in irrevocably agrees that the courts of New Delhi, India shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this ATU or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts at New Delhi, India. It is specifically agreed that the SE.in is not a party to any dispute between the Buyer and Seller and no claims shall be made against SE.in with respect to any disputes between the Buyer and Seller.
24. WAIVER AND SEVERABILITY OF TERMS
The failure of SE.in to exercise or enforce any right or provision of this ATU shall not constitute a waiver of such right or provision. If any provision of the ATU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this ATU remain in full force and effect.
25. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your SE.in’s account is non-transferable and any rights to your User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
26. STATUTE OF LIMITATIONS
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 Site/service or the ATU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. ACCEPTANCE AND VIOLATIONS
28. DISCLAIMER OF LIABILITY AND WARRANTY
The Content, Products, and Services Published on this site may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of information provided by third party service providers and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. SE.in makes no representation about the suitability of the information, Software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "AS IS" without warranty of any kind. SE.in disclaims all warranties and conditions that this site, its services or any email sent from SE.in, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. SE.in hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this site are independent affiliates and SE.in is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. SE.in and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall SE.in and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if SE.in and/or its affiliates their respective service providers have been advised of the possibility of such damages.
You expressly understand and agree that:
a. We do not represent and warrant to you:
a) that access to our Site, or any part of it will be uninterrupted, reliable or fault free.
b) that any services (whether or not provided by us) will be provided with due care and skill; or
c) any Listed Material will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
d) The Site/ Service will be accessible at any time or at all times via the channel selected or used by you;
e) The Listed Materials, information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from or through the Site, or the results that may be obtained from the use of the Site, will be accurate or reliable;
f) The quality of any products, services, information, or other items listed, purchased or obtained by you will meet your expectations.
b. Any material downloaded or otherwise obtained through the use of the Site/ Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
c. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the Service.
d. No advice or information, whether oral or written, obtained by you from SE.in or through or from the Service shall create any warranty not expressly stated in this ATU.
f. You agree that each of these limitations is reasonable having regard to the nature of our Site and in particular given that when you purchase information, goods or services through our Site you will enter into a separate contract with the Seller in each case.
29. LIMITATION OF OUR LIABILITY
29.1 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site or any information on our Site;
b) the unavailability of our Site (or any part of it), or any Services.
c) any goods not being of merchantable quality or fit for your intended purpose.
d) any misrepresentation on or relating to our Site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
29.2 Our maximum liability to your business in respect of your use of our Site or any Services we provide or make available to you through or in relation to our Site will be the amount not exceeding Rupees One Hundred. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
29.3 Notwithstanding the foregoing, none of the exclusions and limitations contained in this ATU shall limit or deny you from exercising your consumer rights under local law or any statutory rights that are entitled.