Please read these terms and conditions carefully before registering yourself with tradebrio.com
Acceptance of Terms and Conditions
For use of this Agreement, a User is any individual who enters the Site for any purpose, regardless of whether the said User is registered on the site or is an individual who is paying for the Services provided by tradebrio.com or its affiliates/associates. A User is also the one using this Site and any legal entity who may be represented by such individual under actual or apparent authority.
As you start using this Site, you hereby acknowledge that you are fully aware about the terms and conditions put forward in this Agreement as a User. As a User you shall be bound by the Terms and Conditions of this User Agreement with respect to your access and use of this Site. You also agree to the Terms outlined for the Users as you upgrade, modify, add or make any further changes in the Site. If you do not agree with any of these given Terms and conditions of this Agreement, please do not use this Site.
The Service Agreement applies to every Service in addition to any terms and conditions that may be applicable to any and all specific Service provided. However, (i) in the event of any disagreement or inconsistency between any provision of the terms and conditions that may be applicable to any or all Service and any provision of this Agreement, such disagreement or inconsistency shall (except for otherwise particularly mentioned or accepted) be resolved in a manner favorable to tradebrio.com and/or its associates; also, (ii)only to the level that such disagreement or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Service shall prevail.
Changes to Agreement
Access to the Site and Services
All Users can access the Site and have permission to use certain features of the Site free of cost. However, tradebrio.com reserves the right, to restrict access to certain areas or features of the Site to paying Users or Users who passes through a particular registration process without prior notice. tradebrio.com reserves the right to deny Services to any User for any reason in order to protect the interests of tradebrio.com.
Use of the Site Content
General Users may access this site or use its Services for their own personal or internal purposes. Every User shall accept that it copying, reproducing or downloading any information in the form of text, images, video clips, directories, files, databases or listings available on or through the Site (tradebrio.com) for the purpose of re-selling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with tradebrio.com is strictly prohibited, even commercially exploiting or taking advantages of the tradebrio.com is also offensive. Any retrieval of the tradebrio.com content from the Site for creating or compiling, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes), whether directly or indirectly, without written permission from tradebrio.com is strictly prohibited. Moreover, use or restructuring of the Content or materials of this Site for whatever purpose (except for otherwise particularly mentioned or accepted) is impermissible in this Agreement.
Third Party Content
Some of the content displayed on the Site (tradebrio.com) is posted or provided by third parties. tradebrio.com is not the author of third party content. Third party content is either contributed by anonymous users or paid content providers. tradebrio.com do not take responsibility of the accuracy, correctness, authenticity or reliability of any third party content, and shall not be legally responsible to any User in connection with such User's trust of such third party content. Any and all third party content is the sole responsibility of the party who has posted or provided the content on the Site. Moreover, tradebrio.com is in no way responsible for the conduct of any User's activities on the Site. Also, tradebrio.com shall not be liable to any person on connection with any damage experienced by any person as a consequence of such User's behavior.
Use of Third Party Content
Messages Sent By Users
Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5 below.
Access of Various Content and Features on the Site
tradebrio.com has full authority to limit, deny or create different access to the Site and its features with respect to different Users, or to change/remove any of the features or introduce new features without prior notice. Every User agrees that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Hereby, every User accepts that in no reason shall tradebrio.com be liable to the User or any third parties for any inability in using the Site (whether due to disturbance, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
Access to tradebrio.com Networks
All Users agree that there shall not be any schemes undertaken by the Users to undermine the integrity of the computer systems or networks used by tradebrio.com and/or any other User and no User shall attempt to gain unlawful access to such computers systems or networks.
Violation of Intellectual Property Rights
As a provision of access to and use of tradebrio.com, each User agrees that no service of tradebrio.com will be used to violate the intellectual property rights or other legitimate rights of others in any way. tradebrio.com will in appropriate circumstances terminate the accounts of Users who are repeat violators of the copyrights, or other intellectual property rights, or other legitimate rights of others. Moreover, tradebrio.com reserves the right to terminate the account of a user upon any single violation of the rights of others in conjunction with use of the tradebrio.com service, or if tradebrio.com believes that User's conduct is not safe to the interests of tradebrio.com, its affiliates, or other users, or for any other reason in tradebrio.com sole discretion, with or without cause.
Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to tradebrio.com or another tradebrio.com group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
Users Email Accounts
An electronic or web-based email account with limited storage space may be assigned to the User for sending or receiving email. The User shall be responsible for all usages and the content of all the messages communicated through the Email Account, as well as the consequences of any such message. The Registered User shall not use the Email Account for 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, the Registered User shall 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.
Users as Business Units
If the Registered User is a business unit, you signify that you have the authority to attach the entity to this Agreement; also, the address you use while registering is the principal place of business of such business unit; furthermore, all other information submitted to tradebrio.com and its affiliates during the registration process is true, accurate, current and complete. To fulfill the purposes of this provision, a branch or representative office will not be considered a separate business unit and its principal place of business will be considered to be that of its head office.
As a Registered User, you agree to the inclusion of your personal data in our Global B2B Database and authorize tradebrio.com and its affiliates to share such information with other Users. For bigger audience the User profile may be translated automatically using Google translation API.
tradebrio.com or its affiliates can postpone or terminate any User Account or Email Account at any time after giving 24-hours prior notice to the Registered User; provided, however, that notice is not required for termination under such circumstances like (i) in tradebrio.com view, there is any breach of the conditions of this Agreement by the Registered User; or (ii) tradebrio.com. in has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (iii) tradebrio.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, tradebrio.com other Users, or tradebrio.com or its affiliates.
Sale/Transfer of Account to Third Party
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of tradebrio.com may postpone or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section. Denial of Registration or Issuance of Account Information tradebrio.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
Content Posting on the Site
Posting Content on the Site
You must be a Registered User in order to post information on the Site using the User Control Panel (My Account) and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of "Registered User" section above and any terms and conditions applicable to the relevant Service.
Relationship between User and tradebrio.com
There is no sales agency relationship created between any User and tradebrio.com, our affiliates, directors, officers or employees by virtue of tradebrio.com's display of any of the User's information on the Site.
Every User hereby represents warrants and agrees to (i) provide tradebrio.com with true, accurate, current and complete information to be displayed on the Site and (ii) maintain and amend all information without any delay to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, authority to tradebrio.com to display and use all information provided by such User in line with the purposes put forward in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Users and Third Party Content Rights
Every User hereby represents, warrants and agrees that they have obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required regarding any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to tradebrio.com or authorizes tradebrio.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, 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 Site, are hereafter referred to as "Third Party Rights." Every User hereby represents, warrants and agrees that they are solely responsible for ensuring that any material or information it posts on the Site or provides to tradebrio.com or authorizes tradebrio.com 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. Every User hereby represents warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third party rights.
Information needs to be submitted to tradebrio.com
Every User hereby represents warrants and agrees that all the information submitted by them to tradebrio.com for display on the Site shall not:
contain fraudulent information or make any type of fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is impermissible according to the law, or promote any type of illegal activity;
be part of a scheme to deceive other Users of the Site or for any other illegal 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;
impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
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 offence, give rise to civil liability, or otherwise violate any law or regulation;
solicit business from any Users in connection with a commercial activity that competes with tradebrio.com.
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 or other materials that violate any law or regulation or are prohibited under this Agreement;
breach any provision in the Product Listing Policy;
Create any liability for tradebrio.com or its affiliates/partners.
Policy regarding the Materials Displayed on the Site
tradebrio.com has full rights to remove any material displayed on the Site which it believes to be wrongful in the eyes of law, and could subject tradebrio.com to financial obligation, violates this Agreement or is otherwise found inappropriate in tradebrio.com's opinion. tradebrio.com also 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. Furthermore, tradebrio.com can disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of any kind of legal action, and tradebrio.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against tradebrio.com for such disclosure. In connection with any of the foregoing, tradebrio.com may suspend or terminate the Account of any User as tradebrio.com deems appropriate in its sole discretion. User agrees that tradebrio.com shall have no liability to User, including no liability for consequential or any other damages, in the event tradebrio.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that tradebrio.com may take such actions.
Policy for Buyers and Suppliers
Transactions on tradebrio.com
tradebrio.com does not represent any seller or the buyer in any specific transactions and does not charge any commissions on the completion any transactions. It only provides an electronic web-based platform for exchanging information regarding products and services to every buyer and seller, therefore tradebrio.com cannot be held responsible or liable for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that many people with false identity may approach them and we can't do anything about it. Therefore be careful before starting any business transaction as tradebrio.com would not be responsible or do anything, if something wrong happens. tradebrio.com uses several techniques to verify the accuracy of the information provided by users at the time of registration. However, because user verification on the Internet is difficult, tradebrio.com cannot and does not confirm each user's purported identity (including, without limitation, Trust Stamp Members and Gold Members). We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming 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 Site. 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 miss-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User 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 Users of the Site as a result of purchase and sale transactions in connection with using the Site 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 Threats". Each User agrees that tradebrio.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Threats.
User Responsibility regarding Transactions
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify tradebrio.com(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
Limitation of Liability
Features and Services on the Site
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND tradebrio.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, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
Liability of Information Displayed on the Site
TO THE MAXIMUM EXTENT PERMITTED BY LAW, tradebrio.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, tradebrio.com DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND tradebrio.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
Liability/Limitation of Downloaded Materials
Any material downloaded or otherwise obtained through the Site is done at each User's own wish and risk and therefore each User is solely responsible for any damage to his/her computer system or loss of data that results from the downloading any such material. No advice or information, whether oral or written, obtained by any User from tradebrio.com or through any means from the Site will create any warranty not expressly stated herein.
Delay or Failure in Service Due to Uncontrolled Circumstances
Under no circumstances tradebrio.com would be responsible if any delay or failure or disruption of the content or services happens through the Site 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
RESPONSIBILITY OF CONTENT POSTED ON THE SITE
Each User hereby agrees to retrieve and safeguard tradebrio.com and its affiliates, directors, officers and employees harmless, from any and all types of losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save tradebrio.com, 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 breach of any representations and warranties made by User to tradebrio.com, including but not limited to those set forth in Sections 5 above. Each User hereby further agrees to indemnify and save tradebrio.com, 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 Site. Each User hereby further agrees that tradebrio.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. tradebrio.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with tradebrio.com in asserting any available defenses.
Obligations regarding the Possible Damages Due to Unknown Reasons
tradebrio.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 or otherwise or any other damages resulting from any of the following:
the use or the inability to use the Site;
any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site 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 Site; or
any matters relating to Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of tradebrio.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the tradebrio.com service shall be limited to USD 100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the tradebrio.com service must be filed within one (1) year from the date the cause of action arose.
Intellectual Property Rights
tradebrio.com is the sole owner or lawful licensee of all the rights to the Site and the tradebrio.com Content. The Site and tradebrio.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and tradebrio.com Content shall remain with tradebrio.com, its affiliates or licensors of the tradebrio.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by tradebrio.com are hereby reserved.
All notices or demands to or upon tradebrio.com shall be effective if in writing and shall be duly made when sent to tradebrio.com in the following manner: to tradebrio.com, Hemkunt Chamber ,317- 3rd Floor, Nehru place, New Delhi, India
All notices or demands to or upon a User 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 to tradebrio.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
tradebrio.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
Immediately upon tradebrio.com's posting such notice on an area of the Site that is publicly accessible without charge.
tradebrio.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
tradebrio.com's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives tradebrio.com's right to act with respect with subsequent or similar breaches.
tradebrio.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Services to any person or entity (including any affiliates of tradebrio.com). The User may not assign, in whole or part, this Agreement to any person or entity.
This Agreement shall be governed by the laws of the New Delhi (India) Special Administrative Region ("New Delhi, India") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi.
If there is any difference between the English version and another language version of this Agreement, the English language version shall prevail.