PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USE OF THE MOBILE APPLICATION
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of Stainless Bazaar Mobile Application, which promotes business between stainless steel suppliers and buyers in India as well as on international level. It is an agreement between You as the user of the Mobile Application and Stainless Bazaar India Pvt LTD. ("SBIPL"). The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the Stainless Bazaar Mobile Application for any purpose.
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or Services on or using the Website or Mobile Application Services(including VAS) in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
In case you do not wish to agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Mobile Application in any manner whatsoever.
The Mobile Application acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or Services(including VAS). Stainless bazaar mobile application or Stainless Bazaar India Pvt Ltd are not parties to any negotiations that take place between the User(s) of the Mobile Application and are further not parties to any agreement including an agreement for sale or supply of goods or Services(including VAS) or otherwise, concluded between the User(s) of the Mobile Application.
SBIPL does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or Services(including VAS) offered for sale on the Mobile Application or the ability of the User(s) selling or supplying the goods or Services(including VAS) to complete a sale or the ability of User(s) purchasing goods or Services(including VAS) to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between SBIPL and any other party.
SBIPL provides the following Services(including VAS) to its Customers and their respective definitions are classified here under:-
User(s) represent and warrant that they have the right to avail or use the Services(including VAS) provided by SBIPL, including but limited to the Mobile Application or any other Services (including VAS) provided by SBIPL in relation to the use of the Mobile Application("SBIPL’s Services(including VAS)"). SBIPL’s Services (including VAS) can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use SBIPL’s Services (including VAS).
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. SBIPL or the mobile application shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over SBIPL’s Services(including VAS), including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. SBIPL at it’s sole discretion reserves the right to refuse SBIPL’s Services(including VAS) to anyone at any time. SBIPL’s Services(including VAS) are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by SBIPL.
This Agreement applies to any person who accesses or uses the Mobile Application or uses SBIPL Services(including VAS) for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Mobile Application, under actual or apparent authority. User(s) may use this Mobile Application and/or SBIPL Services(including VAS) solely for their commercial/business purposes.
This Agreement applies to all Services(including VAS) offered on the Mobile Application and by SBIPL, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Application. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Mobile Application, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
SBIPL reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Mobile Application. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
SBIPL is the sole owner and the lawful licensee of all the rights to the Mobile Application and its content ("Mobile Application Content"). Mobile Application Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Mobile Application. The Mobile Application Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Mobile Application and its Content shall remain in SBIPL, its affiliates or licensor’s of the Mobile Application, as the case may be.
All rights, not otherwise claimed under this Agreement by SBIPL, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services(including VAS) contained on the Mobile Application or any offer displayed on or in connection with any service offered on the Mobile Application is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. SBIPL does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or Services(including VAS) obtained by the User(s) as a result of any Website Information.
For any content and or link uploaded to the Website by the User from Youtube, LinkedIn, Vimeo, Facebook or any other social media platform, the User agrees to abide and accepts, the terms of service of the respective platforms i.e. Youtube, LinkedIn, Vimeo, Facebook or any other platform links used by them. They are responsible for checking the platform’s terms and conditions on the respective sites/platforms.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall SBIPL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to SBIPL’s Services(including VAS). User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. SBIPL respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. SBIPL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
Trademark
"Stainless Bazaar" and related icons and logos are registered trademarks or trademarks or service marks of SBIPL in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
Copyright
All Mobile Application Content including Website Information is copyrighted to SBIPL excluding any third-party content and any links to any third-party websites being made available or contained on the Mobile Application. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such
User(s) acknowledge and agree that SBIPL is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing Services(including VAS) on the Mobile Application have the right to sell the merchandise or provide the Services(including VAS) offered by such User(s). SBIPL encourages User(s) to assist SBIPL in identifying listings on the Mobile Application which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, SBIPL does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in
which SBIPL declines to take down a listing, SBIPL does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or Services(including VAS) pursuant to or on account of such listing.
SBIPL respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Mobile Application Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Mobile Application("SBIPL 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 SBIPL, or otherwise commercially exploiting the SBIPL Content unless otherwise agreed between the parties. Systematic retrieval of SBIPL 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 SBIPL is prohibited.
In addition, use of the SBIPL APP for any purpose not expressly permitted in this Agreement is prohibited and entitles SBIPL to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of SBIPL's Services(including VAS), they will not use SBIPL’s Services(including VAS) to infringe the intellectual property rights of any third parties in any way. SBIPL reserves the right to terminate the right of any User(s) to access or use SBIPL’s APP & Services(including VAS) for any infringement of the rights of third parties in conjunction with use of the SBIPL’s Service, or in the event SBIPL is of the believes that User(s) conduct is prejudicial to the interests of SBIPL, its affiliates, or other User(s), or for any other reason, at SBIPL’s sole discretion, with or without cause.
SBIPL reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/hyperlinks. IN ALL SUCH CASES, SBIPL 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
Links to third party sites are provided on Mobile Application as a convenience to User(s). User(s) acknowledge and agree that SBIPL does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
SBIPL may allow User(s) access to content, products or Services(including VAS) offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). SBIPL advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that SBIPL has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or Services(including VAS) made available thereof.
Most content and some of the features on the Mobile Application are made available to User(s) free of charge. However, SBIPL reserves the right to terminate access to certain areas or features of the Mobile Application(to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). SBIPL also reserves the universal right to deny access to particular User(s) to any or all of its Services(including VAS) or content without any prior notice or explanation in order to protect the interests of SBIPL and/ or other User(s) of the Mobile Application. SBIPL further
SBIPL further reserves the right to limit, deny or create different access to the Mobile Application and its features with respect to different User(s), or to change any or all of the features of the Mobile Application or introduce new features without any prior notice to User(s).
SBIPL reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
If SBIPL terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid Services(including VAS) of SBIPL, such person will not have the right to re-enrol or join the Mobile Application under a new account or name unless invited to do so in writing by SBIPL In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Mobile Application wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall SBIPL be liable to any User(s) or any third parties for any inability to use the Mobile Application(whether due to disruption, limited access, changes to or termination of any features on the Mobile Application 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 Mobile Application or any of its features.
To become a registered User(s) of the Mobile Application a proper procedure has been made available on the Mobile Application which is for the convenience of User(s) so that they can easily use the website.
User(s) can become registered User(s) by filling an on-line registration form on the Mobile Application by providing the required information (including name, contact information, details of User(s) business, etc.). SBIPL will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") or OTP for log-in access to the User(s)’s Account. SBIPL may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.
User(s) registering on the Mobile Application on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to SBIPL during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Mobile Application, they consent to the inclusion of their personal data in SBIPL’s on-line database and authorize SBIPL to share such information with other User(s). SBIPL may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. SBIPL may suspend or terminate a registered membership at any time without any prior notification in interest of SBIPL or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on SBIPL of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Mobile Application are in no manner a part of or affiliated to SBIPL.
User(s) further agree and consent to be contacted by SBIPL through phone calls, SMS notifications, WhatsApp or any other means of communication, in respect to the Services(including VAS) provided by SBIPL even if contact number(s) provided to SBIPL upon registration are on Do Not Call Registry.
Personal information supplied by User(s) during the use of the Mobile Application is governed by SBIPL’s privacy policy ("Privacy Policy"). Please read our privacy polices separately.
Some content displayed on the Mobile Applicationis provided or posted by third parties. User(s) can post their content on some of the sections/Services(including VAS) of the Mobile Application using the self-help submit and edit tools made at the respective sections of the Mobile Application. User(s) may need to register and/or pay for using or availing some of these Services(including VAS).
User(s) understand and agree that SBIPL in such case is not the author of the content and that neither SBIPL nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Mobile Application. User(s) further understand and agree SBIPL is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Mobile Application and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. SBIPL shall not be liable for a User(s) activities on the Mobile Application, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
User(s) hereby grant SBIPL an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) 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 Mobile Application, 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 Mobile Application(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 posted by User(s) on the Mobile Application or provided to the Mobile Application or authorized by the User(s) for display on the Mobile Application, 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 Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Mobile Application, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) further hereby represent, warrant and agree that any content, material or information submitted to SBIPL for display on the Mobile Application or transmitted or sought to be transmitted through SBIPL\'s Services(including VAS) does not and shall at no point:
SBIPL reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Mobile Application which in SBIPL\'s reasonable belief is unlawful or could subject SBIPL to liability or in violation of the Agreement or is otherwise found inappropriate in SBIPL's opinion. SBIPL 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, SBIPL reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by SBIPL at its sole discretion. User(s) agree that SBIPL shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event SBIPL takes any of the actions mentioned in this provision.
User(s) understand and agree that the Mobile Application acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Mobile Application. SBIPL does not have any role in developing the content displayed on the Mobile Application. SBIPL has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
SBIPL provides an on-line platform to facilitate interaction between buyers and suppliers of products and Services(including VAS). SBIPL does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. SBIPL does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or Services(including VAS) offered for sale on the Mobile Application 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 on the Mobile Application. Mobile Application uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). SBIPL however, cannot and does not confirm each User(s)’s purported identity on the Mobile Application. SBIPL encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Mobile Application and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or Services(including VAS) that are the subject of any such transaction.
User(s) agree that SBIPL 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 any content, information or any other material provided on the Mobile Application, 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 SBIPL (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
Stainless Bazaar reserves the right to add/modify/discontinue any of the features offered on SBIPL’s Services(including VAS).
The features and Services(including VAS) on the Mobile Application are provided on an " as is " and " as available " basis, and SBIPL 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, undertakings and terms are hereby excluded. SBIPL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Mobile Application. SBIPL does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or Services(including VAS) offered or displayed on the Mobile Application does not violate any Third Party Rights; and SBIPL makes no representations or warranties of any kind concerning any product or service offered or displayed on the Mobile Application. Any material downloaded or otherwise obtained through the Mobile Application is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its mobile or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Mobile Application or through or from the Mobile Application shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall SBIPL be held liable for any delay or failure or disruption of the content or Services(including VAS) delivered through the Mobile Application resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save SBIPL, its 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 their use of the Mobile Application(including but not limited to the display of User(s) information on the Mobile Application) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save SBIPL, its 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 User(s)’s breach of any representations and warranties made by the User(s) to SBIPL.
User(s) hereby further agree to indemnify and save SBIPL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Mobile Application. User(s) hereby further agree that SBIPL is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). SBIPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with SBIPL in asserting any available defenses.
SBIPL 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, strict liability or otherwise or any other damages resulting from any of the following:
All notices or demands to or upon SBIPL shall be effective if in writing and shall be deemed to be duly made when sent to SBIPL to Stainless Bazaar India Pvt Limited, Ground floor, Sarjan Plaza, Dr. Annie Besant Road, Worli, Mumbai, Maharashtra, 400018 India.
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) on the Mobile Application, or by posting such notice or demand on an area of the User(s) website 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 SBIPL is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon SBIPL’s posting such notice on an area of the User(s) website that is publicly accessible without charge.
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. SBIPL considers itself and intends itself to be subject to the jurisdiction of the Courts of Mumbai, Maharashtra, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
As a general rule, no refund will be provided until and unless circumstances exist that Stainless Bazaar deems fit to refund the subscription amount. Customer may submit a claim for a refund for a purchase made by emailing at (care@stainlessbazaar.com) and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Stainless Bazaar, in its sole discretion. Refund requests must be submitted within 10 days of the Transaction. In case of failure to do so by the customer, he/she agrees that it absolves Stainless Bazaar from any responsibility to facilitate the resolution of such dispute.