“TRADZEAL” here in after called website and mobile application and “DTH MALL INDIA PVT. LTD” herein after called “COMPANY”.
INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website/Mobile application (including but not limited to Members), and Tradzeal.com, the owner(s) of this Website/Mobile application. Additionally these terms and conditions apply to the use of and (where applicable) purchase from Tradzeal.com Products and Services of Tradzeal.com, including but not limited to Membership subscriptions and Events and the placing of advertising with B2B Marketing. Please read these terms and conditions carefully, as they affect your legal rights.
ACCEPTANCE OF TERMS
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website/Mobile application. By using the Website/Mobile application and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Tradzeal.com Website/Mobile application or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website/Mobile application for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website/Mobile application you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website/Mobile application immediately.
Tradzeal.com reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
CONTRACT OF SALE
We are a platform on behalf of the seller and Your order is an offer to us to buy the product(s) we have listed on behalf of the seller. When you place an order to purchase a product through us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is confirmed or dispatched to you by the seller and an e-mail confirmation is sent to you that the product has been confirmed or dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with the Sellers through us and we act as a third party and you confirm that the product(s) ordered by you are purchased for resale or for your business / institutional usage. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website. We authorize the Sellers to fix minimum quantity of units or value that can be purchased in a specific order and you shall be bound with such conditions.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
WEBSITE/MOBILE APPLICATION CONTENT:-
PERMITTED USE OF SITE:-
FEES AND CHARGES PAYABLE BY SELLER(S)
Seller(s) will pay to Tradzeal, if applicable, fee for use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the Seller(s) (collectively referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by Tradzeal and communicated to the Seller(s), from time to time.
The applicable Platform Fee shall be as communicated by Tradzeal to the Seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by Tradzeal in its sole discretion. It shall be the Seller(s)’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform and the services by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.
The Platform Fee shall be exclusive of all applicable taxes, including Goods and Services Tax.
Seller(s) understands and acknowledges that Tradzeal is merely acting as a payment collection agent on behalf of such third party service providers that are providing to the Seller(s), for collection of fee and charges that is payable by the Seller(s) to such third party service providers. Seller(s) acknowledges and agrees that Tradzeal shall not be held liable for any claims that may arise pursuant to the Seller(s)’s use of such services provided by such third party service provider(s).
You shall be responsible for payment of all fees / costs / charges associated with the purchase of products on the website and you agree to bear all applicable taxes, cesses etc. levied thereon. You are responsible to ensure that (if applicable) you are registered under applicable taxation laws and will update your correct tax registration details on Tradzeal’s Website/Mobile Application. We will not be liable in case tax credits are denied to you under taxation laws due to reasons attributable to you. You hereby acknowledge and agree that we shall not revise Invoices. You will reverse tax credit availed if any on the returned product and undertake to disclose the details of credit note while reporting for your taxes. Further, you agree to indemnify and hold harmless us for all losses, liability incurred by us on account of your action or inaction in compliance with the applicable laws.
LINKS TO THIRD PARTY WEB SITE:-
DISCLAIMERS –LIMITATION OF LIABILITY:
To the maximum extent permitted by law, the services provided by Tradzeal on or through the platform are provided "as is", "as available" and “with all faults”, and Tradzeal 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, Tradzeal makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the platform; Tradzeal does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and Tradzeal makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform.
PROVISION OF SERVICES
The Tradzeal contracting entity that you are contracting with for access to the Platform is DTH MALL INDIA PVT. LTD In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Tradzeal disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
.You must register as a member on the Platform in order to access and use Services. Further, Tradzeal reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Tradzeal may impose in its discretion.
THIRD-PARTY SERVICE PROVIDERS
As and when we decide to launch this feature, Tradzeal.com may enable third party service providers ("providers") to integrate with Tradzeal.com. If you choose to use such a provider in connection with your user Account, you authorize Tradzeal to disclose to the provider account information, including, without limitation, information regarding you, your Users, your employees or agents, and you and your User's orders. You acknowledge this information will be governed by the provider's privacy, data and security policies. You and your Users consent to Tradzeal.com sharing this information with the provider and agree that Tradzeal.com is not responsible for and will have no liability arising from Tradzeal.com disclosure of, or any provider's use of, this information.
Tradzeal.com is not responsible for any services provided by the provider. You are responsible for the approvals of Tradzeal orders, verification of shipping addresses and any disputes regarding orders, and you agree that Tradzeal will have no liability arising in any way from your use of the provider, including, but not limited to, any unauthorized charges you or your employees or agents incur.
You agree to indemnify, defend and hold harmless us and our affiliates, and our and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys' fees) (each a "Claim") arising from or related to (a) any breach of the Terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
The terms and conditions in these Terms, the Tradzeal.com Conditions of Use, the Privacy Notice, and any applicable terms, conditions, policies, requirements or limitations contained on Tradzeal.com constitute the exclusive and complete agreement between Tradzeal and you. Tradzeal will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.
Any purchase order (PO) number or other internal information particular to your organization that is provided by a user during the purchasing process is provided only for your internal purchase tracking. Tradzeal doesn't agree to terms, conditions, obligations, or provisions that are different from or added to these Terms and the policies and information on the Tradzeal.com Website/Mobile application.
We may in our discretion change these Terms, Tradzeal.com Conditions of Use and Privacy Notice, or any aspect of Tradzeal.com, without notice to you. From time to time, Tradzeal may choose in its sole discretion to add or remove benefits or features of Tradzeal.com. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued use of Tradzeal.com after we change these terms constitutes your acceptance of the changes. if you do not agree to any changes, you must cancel your business account and business user account.
TERM; TERMINATION BY US
The term of these Terms will begin on the date you click to accept it and will continue until you or we terminate it. We may terminate these Terms and access to your Business Account, business user account or use of any business features at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your account. Upon termination, all rights and obligations under these Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination, including, without limitation, Sections 4 - 18 of these Terms.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
We will not be liable for any delays in delivery or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control.
Compliance with laws
You represent and warrant that your use of our services will comply with all applicable laws and regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the laws in India that apply to commerce.
You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication through our services.
You agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties.
If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to user Accounts (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
Your use of user Accounts is subject to the disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference.
The parties to these terms are independent contractors. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. In the event of any conflict between these Terms and the Conditions of Use, these Terms will prevail.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: