METALSUPDATE EXCHANGE- MOBILE APPLICATION USER AGREEMENT - STANDARD TERMS & CONDITIONS.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Mobile Application name “MetalsUpdate Exchange”(hereinafter referred to as "this Mobile Application") is owned by Shalimar Infotech Pvt. Ltd. a company incorporated under the Companies Act, 1956(now 2013 - as amended) vide CIN -U72200MH2000PTC125470 with its registered office at 1001/1002, Lodha Supremus, S. B. Marg, Lower Parel, Mumbai - 400013, Maharashtra, India (hereinafter referred to as "Company/SIPL").
METALSUPDATE EXCHANGE - Please read the terms and conditions ("Terms and Conditions") set out below carefully before you place buy or sell order for any Goods or Services through our mobile application. By ordering or selling any Goods or Services from our mobile applications you agree to be bound by these Terms and Conditions.
- Section 1: Introduction
- We are Company –“Shalimar Infotech Pvt. Ltd.(SIPL) Owning all copyrights over METALSUPDATE EXCHANGE" - a Mobile Application, unless stated otherwise.
- Section 2: Definitions
- 2.3. "you", "your" and "yours" are references to you the person accessing this mobile application and ordering or selling metals from our mobile applications including any business entity that you legitimately represent.
2.4. "we", "us", "our", and "MetalsUpdate Exchange" are references to the Company.
- 2.5. "Goods" is a reference to metals including but not limited to - Copper, Steel, Iron, Aluminium, Zinc, Lead, Nickel, Brass & Tin for which Registered Users may Register on this Mobile Application.
2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our mobile app.
- 2.7. “Mobile Application” means MetalsUpdate Exchange
- 2.8. “Company” means Shalimar Infotech Pvt. Ltd.
- 2.9. “Copyright holder” means Shalimar Infotech Pvt. Ltd.
- 2.10. "Mobile Application" is a reference to our mobile application on which we offer this E-Platform for registered Users to interact amongst themselves for identifying suitable parties for their needs of Sale & Purchase of Goods.
- 2.11. “Registered User Data” means Data as may provided by the Registered Users at the time Registering themselves on the Mobile Application included but not limited to their names, address, contact details, Buy/Sale Quotes, Quantity etc.
- Section 3: Services
3.1. “MetalsUpdate Exchange” is merely E-Platform/E-Marketplace provided by the Company for its Register Users only.
- 3.2. “MetalsUpdate Exchange” is a mobile Application which merely gives data w.r.t. “Registered Users” like Name, address, product description, quantity intended for buy &/or Sale quotes from the respective parties.
- 3.3. Company is not a party in whatsoever capacity, to sale and Purchase contract of Goods that the Registered Users may ultimately enter into but merely a facilitator of providing E-Platform/E-Marketplace.
- Section 4: Disclaimers
- 4.1. Company does not warrant any authenticity, genuineness of the Registered Users.
- 4.2. Company does not warrant any correctness, legality, authenticity, genuineness of the ”Data” as may be provided by the “Registered Users” on this Mobile Application.
- 4.3. Company does not guarantee whether Registered User has the desired quantity of particular goods or whether he really intends to enter into a contract for such sale and purchase of Goods.
- 4.4. Company does not warrant about the track record of the Registered Users not it ever rate any particular Registered User for its goods and its data.
- 4.5. Company does not warrant nor it certifies about the legal title, quality and performance of Goods displayed by the Registered Users on this Mobile Application – “MetalsUpdate Exchange”.
- 4.6. Parties entering into any contract based on the information available on this Mobile Application –“MetalsUpdate Exchange” about Goods will do so based solely on its own judgement and prudence and the Company will not be responsible for wrongdoing, misrepresentations, and frauds by the Registered Users while entering into any contract.
- 4.7. Company reserves its right to decide, whether to continue any information/data of the Registered Users being displayed on this Mobile Application and may withdraw without any prior notice to any party.
- Section 5: Registered Users Responsibilities - Registered Users shall
- 5.1. Registration on this Mobile Application.
- 5.2. Undertake to promptly inform/update any change in the information/data that it had provided at the Registration.
- 5.3. Undertake its intention of entering valid/enforceable contract with the parties with it interacts on this Mobile Application – “MetalsUpdate Exchange”.
- 5.4. Undertake that as on the date, it holds all valid licenses that they require for the purpose of displaying the information/data on this Mobile Application and for entering into any contract with the parties that interact on this E- Platform.
- 5.5. Undertake that in case of sale they are the legal and rightful owners of the Goods.
- 5.6. Undertake that they are aware this Mobile Application – “MetalsUpdate Exchange” is mere E-Marketplace/Platform and that there is no relationship of contractor, agency, franchisee, distributorship etc of whatsoever.
- 5.7. Undertake that for availing services through this Mobile Application – “MetalsUpdate Exchange” you are required to register yourself by creating a user account for which details as required should be filled in. You must ensure that you keep the combination of username and the password you have created secure and do not provide this information to a third party.
- 5.8. Undertake that in case any third party/ies uses the Services on this Mobile Application through your UserID & Password, it will do so only with your prior permission and for legitimate purpose and use and Company will not be responsible for any outcome of such access being used by ant third party/ies through your User ID & Password.
- 5.9. Undertake that it will not display any information which is wrong, malafide, defamatory, outrageous to the interest, sentiment of any party, segment, caste, religion of the society.
- 5.10. Undertake that in case such objectionable information comes to or brought to the knowledge of the Company it will have absolute right without consultation to withdraw/blackout such information/ portion of information with immediate effect and all consequences arising from such display of Objectionable information shall be borne only by the Registered Users.
- Section 6: Company declares and warrants that
6.1. It will have sole right to decide whether to continue to display any data/information of the Registered Users on this Mobile Application.
- 6.2. Registered Users by clicking the Function “I Accept” have agree and bound by all the terms and conditions of this binding relation with the Company and it gives its right/ license over the data/information that it displays, to the Company for its own legitimate use for deriving and or arriving at information. Derivation thereof for further use and including even giving it to any Government Authorities under any order, case and/or investigation.
- Section 7: General Clauses
- 7.1. This Mobile Application also provides with a recovery mechanism in case you have forgotten your username or password. In case you have forgotten your username, you can write an email to the MetalsUpdate Exchange support team, who may help you recover the same.
- 7.2. Company will make its best efforts not to allow unauthorized access to any data you provide when accessing Services from this Mobile Application.
- 7.3. If any Registered User intends to update, change, modify or withdraw his/its information/data he/she may do so through the update process provided by this Mobile Application.
- 7.5. Linked Sites: There may be a number of links on our mobile application to third party Websites/mobile applications which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites/apps. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
- 7.6. Complaints: We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
- 7.7. Company may alter or vary the Terms and Conditions at any time without notice to you.
- 7.8. Company hereby caution and advice all its Registered Users, not to use or launch any automated system or program in connection with this Mobile Application or any online ordering functionality.
- 7.9. Company hereby caution and advice all its Registered Users, not to collect or harvest any personally identifiable information from the mobile application, use communication systems provided by the mobile application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the mobile application with respect to their submissions to the mobile application, or publish or distribute any vouchers or codes in connection with the mobile application, or scrape or hack the mobile application.
- 7.11. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 7.12. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India and subject to Mumbai jurisdiction.
- 7.13. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- 7.14. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- 7.15. MU - 7.14 All dealings, correspondence and contacts between us shall be made or conducted in the English language
- Section 8: Limitation of Liability:
- 8.1. Great care has been taken to ensure that the information available on this mobile application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the mobile application will be error free or fit for purpose, timely, that defects will be corrected, or that the app or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the mobile application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
8.3. Company do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobile via this Mobile Application.
- 8.4. Company shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- 8.5. The information/data offered by its Registered Users and through them any legitimate third party/ies. Users for any of their information/data through this Mobile Application have no relation with MetalsUpdate Exchange/ Shalimar Infotech Pvt Ltd Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Mobile Application or for any services availed from this Mobile Application.
- 8.6. Company has taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.1. At MetalsUpdate Exchange, your privacy is very important to us & all efforts will fully be made to ensure security and privacy. MetalsUpdate Exchange shall not sell, trade or share any information of our registered members with any third party without your approval, with the following exceptions:
- 9.2. Conform to legal requirements or comply with legal process.
- 9.3. Enforce or apply the terms of any of user agreements.
- 9.4. Protect the rights, property or safety of MetalsUpdate Exchange, our users or others.
9.5. Information revealed during our enforcement of the seller agreement, or during any disciplinary actions with respect to a Member.
- 9.6. Information necessary will be revealed to other members in store front or otherwise when they trade with each other in accordance with normal operations of MetalsUpdate Exchange
- 9.7. Information that we in good faith determine must be disclosed to correct what we believe to be false or misleading information or to address activities that we believe to be manipulative or deceptive.
- 9.8. Also, we at MetalsUpdate Exchange may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal information.
- Section 10: Refund and Cancellation Policy
We do not have a refund and cancellation policy.