YOUR RIGHT CHOICE | YOUR RIGHT SOURCE
(for any inquiry or help / support, you may write to the marketing consultant : Mr. Jigar Shukla, Email : customercare@indiaenggtrade.com, helpdesk@indiaenggtrade.com, info@indiaenggtrade.com)
User Agreement
Disclaimer
Warning Against Fraud
1. Defined terms
Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
a. "Agreement" shall mean this user agreement and shall include the user application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the illegal/prohibited content, disclaimer, warning against fraud, contract form /bill terms and conditions and such other documents that company may in its absolute discretion add to the site from time to time. It shall be deemed to have been executed at baroda jurisdiction.
b. "Banner" means a service offered to a user wherein a graphic image is placed on the site and used to advertise the product(s) and/or service(s) of the user and this graphic image is linked to the user's own website.
c. "Direct call service" means this is an information source provider by which you can properly write genuine information by which you can directly reach to the right source and communicate and inquire and do deals or finalize orders on your own risk and limitations .
d. "Company" means Indraa Engineers, a company incorporated under the companies act, 1976 and having its registered office at 208, infinity arcade, pratapnagar dairy road, pratapnagar, Vadodara 390004 , along with its unit for the company's website called indiaenggtrade.com. And where the context so requires, means and includes all Indraa Engineers officers, directors, employees and subsidiary, associate and affiliate entities, and/or business entities with whom Indraa Engineers financial alliance.
E. "Credit Report" is a third party paid service provided to a user to obtain information about another company or legal entity, including detailed analytical information about profitability, past and present trading analysis and ownership essentially with a view to analyze their credit rating and stability.
f. "Customized Header Catalog" is a subtype of on-line catalogs that allow the customer to have a catalog designed to his taste, however the functionalities available on the catalog are fixed.
g. "Customized Websites" is a platform for users to showcase their products or services on the site.
h. "Date of Commencement" of service i.e. live hosting of a product is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.
i. "Date of Termination" means the date when the user's subscription comes to an end. It shall be specified by the company in its notice to the user either through e-mail or text / sms conventional mail.
j. "illegal/prohibited content" means the content hosted on the site which is either illegal or prohibited by law or both and includes content which has been specifically set forth on the site as such and it will be at . User"s and customer"s risk
k. Company visiting card and catalog
l. User can upload his own company visiting card and product / processed / services catalog on his profile page on his own and all should be correct and legal in all ways and means for which the user is legally bound and responsible against action taken by the government bodies and other private sectors with legal authorities with law enforcement.
m. Users can sign up on this relevant platform to expose and promote their products/processes and services to make sure and ensure that your customer can reach you easily and comfortable to you.
n. "Registration Data" is the database of all the particulars and information supplied by the user on initial application and subscription, including but not limited to the user's name, telephone number, mailing address, account and email address.
o. "Sensitive Personal Data/information" means such personal information of a user which consists of information relating to: -
i. Password(s);
ii. Financial information such as bank account or credit card or debit card or other payment instrument details;
iii. Physical, physiological and mental health condition;
iv. Sexual orientation;
v. Medical records and history;
vi. Biometric information; or
vii. Any detail or information relating to the above clauses provided by the user.
Provided that, any information that is freely available or accessible in public domain or furnished under the right to information act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data/ information for the purposes of the agreement.
p. "Services" means the services provided by the company to the user of the site and includes the following facilities:
i. Engineering services to the user wishing to post his contact details in the way to excess and find easily and contact the user in no time.
ii. Users can select and choose their relevant engineering services.
Iii. Services to the user who wishes to insert advertisements at the site;
iv. Services to the user who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a user v. Services to the user who wishes to obtain ready to use
vi. Such other or further services that may be provided by the company and from time to time.
q. "Site" means indiaenggtrade.com and includes any link which opens with the site and unless repugnant to the subject and context thereof includes other websites operated by the company.
r. "Tenders" is a service provided by the company at the latter stage by which users can find government and private company tenders online and file their tenders accordingly with related information.
s. "Trade Leads - as it is only engineering source provider, we our system doesn’t provide or publish and trade leads to the users as user has to find out their related requirement at his own and contact the sellers and deal directly with seller at his own risk we are not involved in and deal and activities with buyers and sellers for which both are responsible and do deals at their own risk.
t. "Trust Stamp" will be given by the system by credibility, user feedback and reviews.
u. "User" is defined as a person whether legal or juristic, or anybody who makes use of the site in any manner and includes all individuals and/or corporate members/subscribers who use the services provided by the site, whether or not for any payment. The term 'user' includes the user's successors and authorized officials of the user's business who have permission to use the services on the site on behalf of the user; each registered user is given a unique user qr code by the site.
v. "Web Hosting" is a service provided to a user wherein the site provides storage, connectivity and related services necessary to host the website of the user's business.
Interpretation number, gender and headings
a. For the purposes of this agreement, the term host, hosting or derivatives thereof means and includes hosting, displaying, uploading, modifying, publishing, transmitting, updating and/or sharing of any information. And termination.
b. The terms and conditions herein shall apply equally to both.. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this agreement as a whole.
c. Words. With all text content added and displayed by the user it totally binds the user legally to use all words in their content and description.
d. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, the terms and conditions, notices, or the right of use of the site by the user or any provision hereof in any manner whatsoever.
Prohibited content & consents
The company does not permit a user to host, display, upload, modify, publish any information, transmit, update or share or provide any services or data, information or any illegal/prohibited content. The user hereby represents and warrants all information displayed by him.
i. User is bound legally to send and inquiry or information to any buyer or seller on inquiry form and ensure the right inquiry in words and pictures is shown therein and not the fake inquiry to be sent and for which user buyer and seller is totally responsible and all user give us all rights to take all legal actions against him with applicable law with government law act.
Ii. User cannot harm any buyer or seller in sending wrong and unbehaved language text or images on this platform for which he is responsible.
iii. Fraud - we and this platform indiaenggtrade or company Indraa Engineers is not responsible for any fraud or stolen or copied any information and images from this platform.
iv. We are not responsible for any patent, trademark, copyright or other proprietary rights of any party;
v. Violates any law for the time being in force;
vi. Cannot use any part of a scheme to defraud another user(s) of the site or for any other unlawful purpose;
vii. Deceives or misleads the addressee about the origin of such messages;
viii. Communicates any information which is grossly offensive or not have any menacing in nature;
ix. Relates to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third parties copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity or privacy, or any other third party rights;
x. Impersonates another person;
xi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
xii. Contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
xiii. Threatens the unity, integrity, defense, security or sovereignty of india, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation;
xiv. Is in contravention of the information technology act, 2000 and any other law for the time being in force;
xv. Opens links directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
xvi. Otherwise creates any liability or adverse publicity for the company.
As a condition of use of the service and the platform , the user warrants that it/they will not use the site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the site. The user shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the site.
Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not Indraa Engineers its users.
By acceptance of this agreement and these terms & conditions, the user hereby agrees that it has obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services it shall host on the site.
Agreement between user and company
The user understands that the company through the platform provides hosting services to its users. All content listed on the site is third party user generated content which is transmitted and/or hosted on the site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.
The site is operated by Indraa Engineers and its affiliates/associates. The services are offered to the user conditioned on the acceptance of the user without modification of the terms, conditions, and notices contained herein. Use of the site by a user constitutes agreement to all such terms, conditions, and notices. If the user does not agree with any part of the agreement, these terms, conditions and notices, they must not use the services.
Most content and some of the features on the site is made available to users free of charge. However, the company reserves the right to terminate access to certain areas or features of the site to users at any time with or without giving any reason, with or without notice. Company also reserves the universal right to deny access to particular users to any/all of its services and/or content without any prior notice/explanation in order to protect the interests of the company and/or other visitors to the site. Company reserves the right to limit, deny or create different type access to the site and its content features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
Company reserves the right to list its registered users on the site and as well as on other network portals run by the company. In case a user does not want to be listed on the site or on any of our network portals, they can communicate the same to us in writing by sending an email to mailto: helpdesk@indiaenggtrade.com..
Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the site. Users must undertake interaction or transaction with organizations and/or individuals located on or through the site, with reasonable caution and after undertaking thorough diligence on such organization and/or individual. Neither the company nor its directors, employees, officers or agents shall be liable to any user or otherwise, for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the site.
Amendments/modification of terms of use
The company reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the user of the services and changes on account of legal and/or statutory amendments. The user is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the agreement. All amendments become effective immediately upon our posting to the site.
Warranties and disclaimer
company has endeavored to ensure that all the information on the site is correct, however company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the site. This company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the site.
Company does not make any representation or warranty as to the attributes such as for quality, worth, marketability, etc. Of the items or services proposed to be sold or purchased by the users of the site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. Of any kind about any product or services offered, displayed or hosted on the site of its users except to the extent that a trust stamp and/or credit report is obtained.
Company undertakes research and investigation through a reputable private agency for some of its services. The information report created from such research and investigation is only provided to you as a tool to help your business and/or as an authentication of your existence as a business entity.
The company does not collect any sensitive personal data / information of a user and it is given by the user willingly with responsibility as a truth and belief.
Company conducts several phone enquiries on its site to provide the services, company however does not have a mechanism to verify the credentials of these enquiries, hence buyers & sellers are advised to exercise due caution in dealing with these enquiries & finalizing business deals.
The company provides the site and services and sources "as is" and without any warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement as it is shown and displayed by the user itself.. The user expressly agrees that use of the site is at its own risk.
Membership eligibility
The use of the site is available only to persons who have its own gst tin and can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian contract act, 1872 including minors, undischarged insolvent etc. Are not eligible to use the site. A minor i. E. Under the age of 18 years, cannot register as a member of the site. The company reserves the right to terminate the user membership and may refuse to provide the user with access to the site if the company discovers that the user is under the age of 18 years. The site is not available to persons whose membership has been suspended or terminated by the company unless specifically invited by the company. If the user is registering as a business entity, the user hereby represents and warrants that the user has the authority to bind the entity to this agreement.
Electronic communications
the user hereby consents to receive communications from the company electronically. The company may communicate with the user by email or by posting notices on the site. The user hereby agrees that all agreements, notices, demands, disclosures and other communications that the company sends electronically including by posting on site, satisfy the legal requirement that such communication is in writing.
User hereby authorizes the company to contact them periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a user does not wish to receive calls/other communications from company or its employees, they must inform the company in writing by sending an email helpdesk@indiaenggtrade.com.
All calls made to users by the company are periodically recorded for internal training and quality purposes only. All updates done by users to their data, by visiting the site or through verification mailers are recorded for future reference.
Platform for communication
The site is also a venue where users may interact with one another for their transactions. Company is not and cannot be a party to or control in any manner any transaction between two users of the site. Consequently:
company is not responsible for any non-performance or breach of any contract entered into between users. Company cannot and does not guarantee that the concerned users will perform any transaction concluded on the site. Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
The site is also a channel of communication whereby the users can reach a large base of persons in the Indian market. The company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the company have any obligations or liabilities in respect of any such contract. The company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any user. The company shall not be liable for any product or services offered on the site. All goods and services hosted on the site are those of the user(s)/supplier(s) etc. Unless otherwise mentioned therein.
The user independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. With the other registered users or third parties that it may interact with on the site.
The site is also a channel of communication whereby the users can reach a large base of persons in the global exim market. The company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the company have any obligations or liabilities in respect of any such contract. The company is not responsible for unsatisfactory or delayed performance of any services and/or delays. Or otherwise unable to you.
Not withstanding its reasonable efforts on its behalf, the company cannot control the information provided by other users which is made available on the site. The user may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.
Trade lead ratings
The company encourages users to 'rate' the companies they do business with on this e-marketplace. Trade lead ratings are based on actual responses (positive or negative) that users receive while transacting with various parties.
The company reserves the right to delete any rating without prior notice and/or at its sole discretion upon an investigation into the rating. The ratings system promotes freedom of expression on companies, however the company encourages users to rate other users singularly based on their experiences while transacting business. The company shall remove users' feedback only in exceptional circumstances.
The company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular user. Companies may also caution users transacting with buyers/sellers who have been suspended.