The following denotes terms and conditions of use (hereinafter referred to as an "Agreement"), applicable to your use of Spares-pazari.com (hereinafter referred to as "portal"), which facilitates business between vendors and buyers across the globe. It is an agreement between you as the user(s) of the portal and Spares Pazari LLP. (hereinafter referred to as "SPLLP").
Before you subscribe to and/or be involed in or using portal, SPLLP believes that user(s) have completely read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the portal.
User(s) refer to any individual or business entities or organization that lawfully operates in India or in other countries, has the right to use the services provided by SPLLP. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Thus, user(s) must not be a minor as per Indian Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services.
SPLLP advises its users that while accessing the portal, they must follow/abide by the related laws. SPLLP is not responsible for the possible consequences caused by your behaviour during use of portal. SPLLP may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of portal.
Our portal is an online trading platform for our users to negotiate/interact for buying, selling and other business services by way of floating tenders and awarding the order to the most suitable bid amongst the registered vendor(S).
SPLLP only monitors the process to make it hassle free for the users. We do not take part or influence the users in the actual transaction between buyer and sellers. The users will be responsible for all the transactions. This agreement shall not be adjudged to create any partnership, joint venture, or other joint business relationship between SPLLP and other party.
This agreement applies to user(s) who can be visitors, registered user(s) who access the portal for any purpose. This is applicable to any legal entity which may be represented by you under actual or apparent authority.
This terms and conditions applies to all SPLLP services provided on the portal, in addition with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall be considered valid/ true.
SPLLP may change, alter, amend, or update this agreement anytime without any prior intimation to user(s) and the modified and new terms and conditions of use shall be effective immediately on posting. If you do not abide by the changes, you must stop using the service. Should you continue the use of the service, SPLLP shall consider this as your acceptance of the changed terms.
THIRD PARTY WEBSITES
The third party web-site links are provided by portal as a convenience to user(s) and SPLLP has not have any control over such sites i.e content and resources provided by them. SPLLP may allow user(s) access to content, products or services offered by third parties through hyper-links (in the form of word link, banners or otherwise) to such Third Party's portal. You are warned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. SPLLP believes that user(s) acknowledge that SPLLP has no control over such third party's site, does not monitor such sites, and SPLLP shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Limitation of Liability
To the maximum extent permitted by law, the services provided by spares-pazari.com on or through the sites are provided "as is", "as available" and “with all flaws/mistakes”, and spares-pazari.com hereby expressly disclaims any and all warranties, express or implied, 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, and undertakings are hereby excluded.
To the maximum extent permitted by law, spares-pazari.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the portal. Spares-pazari.com does not represent or warrant that the refurbisher, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party right, and spares-pazari.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
Any material downloaded or otherwise obtained through the portal is done at each user(s) sole discretion and risk and each user is solely responsible for any damage to spares pazari’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user from spares-pazari.com or through or from the Sites shall create any warranty not expressly stated herein.
The portal may make available to user services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Spares-pazari.com and our affiliates be held liable for any such services or products.
Each User hereby agrees to indemnify and save Spares-pazari.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Spares-pazari.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Spares-pazari.com.
Spares-pazari.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
- the use or the inability to use the Sites or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
- violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Sites; or;
- any matters relating to Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of Spares-pazari.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Spares-pazari.com or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Spares-pazari.com has been advised of or should have been aware of the possibility of any such losses arising.
All content on this portal is the copyright of SPLLP except the third party content and link to third party portal on our website.
SPLLP is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally thousands of queries each day - have the right to buy or sell the goods required. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. SPLLP is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, SPLLP is not endorsing a claim of infringement. Neither, in those instances in which SPLLP declines to take down a listing, is SPLLP determining that the listing is not infringing, nor is SPLLP endorsing the sale of goods in such cases.
SPLLP respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the portal (the "SPLLP content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with SPLLP, or otherwise commercially exploiting the SPLLP content. Systematic retrieval of SPLLP content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from SPLLP is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of SPLLP's services, you agree that you will not use the portal service to infringe the intellectual property rights of others in any way. SPLLP reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the SPLLP service, or if SPLLP believes that user(s) conduct is harmful to the interests of SPLLP, its affiliates, or other users, or for any other reason in SPLLP's sole discretion, with or without cause.
URL's/Sub-Domain Names assigned by SPLLP to its users (which includes both paid and free) is the exclusive property of SPLLP and it cannot be assumed to be permanent in any case. SPLLP reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, SPLLP WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES,INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
Almost all content and some of the features on the portal are made available to visitors free of charge. However, SPLLP reserves the right to terminate access to certain areas or features of the portal (to paying or registered users) at any time for any reason, with or without notice. SPLLP also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of SPLLP and/or other visitors to the portal. SPLLP reserves the right to limit, deny or create different access to the portal and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
SPLLP withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
If it concludes that the user(s) have provided any false information in connection with the member account to SPLLP, or are engaged in fraudulent or illegal activities.
The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of portal.
Utilize portal to send spam messages or repeatedly publish the same product information.
Post any material to members that is not related to international trade or business cooperation.
Impersonate or unlawfully use another companies name to post information or conduct business of any form.
Any unauthorized access, use, modification, or control of the portal data base, network or related services.
Obtain by any means portal member's user name and/or password.
If SPLLP terminates user(s) membership, user(s) will not have the right to re-enroll or join SPLLP under a new account or name unless formally invited to do so by SPLLP. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the portal wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the portal be liable to the user(s) or any third parties for any inability to use the portal (whether due to disruption, limited access, changes to or termination of any features on the portal or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the portal or any of its features.
To become a Registered User(s) there is a proper procedure which is for the ease of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the portal by giving desired information (name, contact information, details of its business, etc.). SPLLP will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to SPLLP during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize SPLLP to share such information with other user(s). SPLLP may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Portal may suspend or terminate a Registered membership at any time without any prior notification in interest of SPLLP or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of SPLLP in any way.
Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Spares Pazari LLP ("SPLLP") through phone calls, SMS notifications or any other means of communication, in respect to the services provided by SPLLP.
POSTING CONTENT ON PORTAL
Some of the content displayed on the portal is provided or posted by third parties. User(s) can post their content on some of the sections/services of the portal using the Create RFQ and Reply to RFQ and other similar provisions as provided at the respective section.
SPLLP in such case is not the author. The content here is contributed by anonymous, registered user(s Any Third Party content is the sole responsibility of the party who has provided the content. SPLLP is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, SPLLP is not responsible for the conduct of user(s) activities on the portal, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
provide SPLLP with true, accurate, current and complete information to be displayed on the portal and
maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to SPLLP to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the portal, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the portal (hereafter referred to as"Third Party Rights").
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the portal or provide to portal or authorize the portal to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture,refurbish, offer, sell, import and distribute the products offered, mentioned or displayed on the portal, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to SPLLP for display on the portal will not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Be part of a scheme to defraud other User(s) of the portal or for any other unlawful purpose;
Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any User(s) in connection with a commercial activity that competes with SPLLP;
Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
Otherwise create any liability for SPLLP or its affiliates.
SPLLP reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the portal which it reasonably believes is unlawful, could subject SPLLP to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in SPLLP's opinion. Portal reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, portal may suspend or terminate the Account of any User as portal deems appropriate in its sole discretion. User(s) agree that portal shall have no liability to any User(s), including no liability for consequential or any other damages, in the event portal takes any of the actions mentioned in this Section, and that you agree to bear the risk that portal may take such actions.
Portal acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the portal. SPLLP do not have any role in developing the content.
All notices or demands to or upon portal shall be effective if in writing and shall be duly made when sent to SPLLP in the following manner: to Spares Pazari LLP, K 1/28, First Floor,Chittranjan Park,New Delhi 110019.
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 portal, or by posting such notice or demand on an area of the portal 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 portal is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon portal's posting such notice on an area of the portal that is publicly accessible without charge.
INTERACTION BETWEEN USERS
SPLLP provides an on-line platform for exchanging information between buyers and suppliers of products and services. Portal does not represent the seller or the buyer in specific transactions. Portal does not control and is not liable to or responsible for the quality of the products. The, safety, lawfulness or availability of the products or services offered for sale on the portal or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. SPLLP encourages user(s) to use various tools available on the portal and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with. User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the portal to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the portal.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the portal may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the portal as a result of purchase and sale transactions in connection with using the portal may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that SPLLP shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the portal, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify SPLLP (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on portal solely for their personal or internal purposes. User(s) agree that they will not use SPLLP database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous , abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
SPLLP reserves the right to add/modify/discontinue any of the features offered with a service.
GOVERNING LAW AND DISPUTE RESOLUTIONS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section
Portal's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives SPLLP's right to act with respect with subsequent or similar breaches
Portal shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
All calls to Spares Pazari are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Spares Pazari may be monitored and recorded.