| 1. |
ACCEPTANCE OF TERMS AND CONDITIONS |
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As user of the website, you agree, without limitation or qualification of any kind, to be bound by and to fully comply with the terms and condition of the Agreement as well as with any specific condition of use associated with TOBOC.COM's services and/or products as provided in the website, wherever such conditions shall appear, also including further upgrades, additions or modifications thereof. |
| 2. |
GENERAL WEBSITE CONTENT |
| 2.1 |
The database content and design of this website, including but not limited to the information, texts, images, graphics, video and/or audio material, software, files, directories, listings and databases contained in the website ("website content") are Copyright of TOBOC B2B Marketplace India Pvt. India also doing business under the name of TOBOC.COM, and/or its assignees or licensors. |
| 2.2 |
The website content may not be reproduced or downloaded, in whole or in part, without the written permission of TOBOC B2B MARKETPLACE India Private Limited -(“TOBOC”). The website grants you a license of limited use allowing you to post within your screen, download or print part of the texts, images or other specific elements of the website content, and this, only for your personal custom usage or internal use, and not for commercial purposes, provided that you do not modify any of the website content, remove or modify any identification, brand or trade-marks, copyright or other proprietary notices appearing on the copies of the web pages or elements made under these terms. Moreover, without limiting the generality of the foregoing, it is forbidden to reproduce, alter, modify, adapt or incorporate the website content, in whole or in part, for use in other documents or in another websites, or to recompile, redistribute or retransmit the website content, in whole or in part, by any means, including without any limitations, through any newsgroup, mailing list, electronic bulletin board, server or other storage device connected to any network of any kind, in electronic or print form, without the prior written authorization of TOBOC. |
| 3. |
CONTENT GENERATED BY USERS |
| 3.1 |
As a User, you are fully responsible for any material or content you enter/post on the website including but not limited to text, images, graphics, sounds, e-mail messages, data and proprietary information such as contact information, company logos, products and/or services descriptions and company's financial profile, whether such content appear in your User listing in the database section of the website or in your User webpage (“user content”). Users are fully and solely responsible to ensure that user content posted, linked or otherwise published on the website is accurate, true, current and complete. TOBOC.COM only acts as a passive conduit with respect to online diffusion of users’ content. TOBOC does not systematically monitor, edit or control user content and does not sustain any legal responsibility, liability or accountability whatsoever in relation thereto. |
| 3.2 |
While TOBOC does actively monitor, or control users’ content posted on the website, TOBOC.COM reserves the right (which it may exercise at its sole discretion without notice) to verify and/or screen user content. TOBOC.COM does not make any commitment, representation or warranty with respect to the conduct of such verification and/or screening nor does it approve, endorse or certify user content, whether it was so verified and/or screened or not. TOBOC also reserves the right (which it may exercise at its sole discretion without notice), to delete, move or edit user content as well as to suspend or terminate any user's access to and use of the website. |
| 3.3 |
Users undertake not to make any illegal or fraudulent use of the website and more particularly, undertake not to- |
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| 3.3.1 |
Post, link to or otherwise publish any content that is unlawful, false, threatening, abusive, harmful, violent, harassing, libellous, pornographic, obscene or indecent; |
| 3.3.2 |
Post, link or otherwise publish any content which infringes copyright, patents, trade-marks, publicity or privacy rights or, generally, any third party right; |
| 3.3.3 |
Post, link or otherwise publish information and/or make offers which relate to counterfeit, stolen or fraudulent products and/or services, as the case may be; |
| 3.3.4 |
Post, link or otherwise publish any information unrelated to the website or the website's topics; |
| 3.3.5 |
Disguise the origin of any information provided in the website; |
| 3.3.6 |
Impersonate any person or entity (including TOBOC’s employees or hosts) or misrepresent any affiliation with any person or entity; |
| 3.3.7 |
Post or transmit on or from the website any information that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the website or any computer software or equipment; |
| 3.3.8 |
Post, link or otherwise publish any confidential information of another user or third party which have the purpose or effect of affecting the price or value of any security; |
| 3.3.9 |
Collect, store or retransmit other users’ personal or proprietary data provided in the website; |
| 3.3.10 |
Restrict or inhibit any other user from using the website; |
| 3.3.11 |
Contravene any applicable law, statute or regulation, namely but not restrictively related to trade practices, import and export controls and/or restrictions, unfair competition and false advertising; |
| 3.3.12 |
Post, link or otherwise publish content or do anything in relation to the website which creates liability, adversely affects or is likely to create liability or adversely affect TOBOC' s business and/or reputation. |
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| 3.4 |
If a User breaches the terms and conditions imposed by this Agreement and posts user content that is misleading, untrue, offensive or likely to cause prejudice of any kind to anyone through its use, as another user of this website, you shall bear all risks associated with your use of such user content posted, linked or otherwise published on the website, and you should therefore not rely on any user content in making (or refraining from making) any specific investment or other business decision without prior verification. |
| 4. |
REGISTRATION PROCESS AND CONDITIONS |
| 4.1 |
To become part of the International Trade directory, you will be required to register with us by filling the online form available on TOBOC.COM and provide all the required information like company name, your name, contact information, nature of your business and its details etc. You are suggested to keep your supplied information up to date through regular visits to keep it true, accurate, current and complete. Providing any information that is untrue, inaccurate, not current or incomplete allows TOBOC the right to suspend or terminate your account. |
| 4.2 |
Minimum eligible age to register with TOBOC.COM is 18 years. |
| 4.3 |
Various functionalities or offers made available by TOBOC on the website may also be changed or withdrawn by TOBOC, from time to time, without prior notice. Any such alterations and/or additions are governed by the terms and conditions of this Agreement. |
| 4.4 |
Your membership with TOBOC.COM shall come into effect from the date of your registration on the website with the provision of your log-in information and password. You are fully responsible for maintaining your password and/or log-in information and not to reveal or pass it on to any third party. If you get noticed of any unauthorized use of your password and/or log- information or account, you shall immediately notify TOBOC by writing to us at support@toboc.com. The website cannot and will not be held liable for any loss or damage arising from your failure to comply with this requirement. |
| 4.5 |
As a registered user, you shall provide your e-mail address and all other information which are necessary to TOBOC.COM. Your e-mail address will not be published on the website. E-mail messages to and from other members of TOBOC.COM shall transit through your e-mail account available on the website. |
| 5. |
USERS' TRADING AND BUSINESS TRANSACTIONS |
| 5.1 |
TOBOC.COM provides an online platform allowing for the exchange of key trade information between international service and/or product suppliers. As such, TOBOC.COM only acts as a passive conduit for the exchange of user content which further enables trade or business transactions between said users. TOBOC.COM is not involved in and does not monitor, control or otherwise endorse trade or business transactions between users and shall not be held legally responsible, liable or accountable in any way whatsoever in relation thereto, namely but not restrictively, if the products/services are not available, not delivered on time, not of the quality represented, are defective, faulty, dangerous, counterfeit or otherwise not lawful or not satisfactory. |
| 5.2 |
Any transactional risks of any kind associated with the import, export, purchase or sale of products and/or services offered through the website shall be fully born by you as a user. You are solely and fully responsible with respect to all applicable terms and conditions pertaining to any trade or business transactions made in relation to your use of this website, including without limitation, any term and condition related to delivery, transportation, shipping, handling and storage, price, fees, taxes and payment, quality, returns, warranties and insurance, property titles, licenses and permits. |
| 5.3 |
In the event of a dispute involving a user of this Agreement with respect to any trade or business transaction, the said user hereby agrees to indemnify and hold TOBOC harmless against any liability, loss, damage, cost or expense, including reasonable attorneys' fees, (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against TOBOC as a result of or in connection with such transaction and/or dispute. |
| 6. |
INTELLECTUAL PROPERTY |
| 6.1 |
As the user, you represent that you own all rights and interests, including copyright and trade-mark rights, or have acquired all necessary third party authorization in relation to entering and posting user content on the website. You hereby guarantee that user content that you have entered and posted on the website does not violate any third party copyright (including moral rights, as the case may be), trade-marks rights, trade secrets or any other proprietary information of any kind. |
| 6.2 |
You agree to hereby grant TOBOC a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license any user content you have entered and posted on the website at any time, in whole or in part, and in any form now existing or to be discovered, for any purpose related to the exploitation and/or promotion of the website. |
| 7. |
REGISTERED USERS' REPRESENTATIONS AND INDEMNITY |
| 7.1 |
As a registered user, you represent that you have the authority to bind the business entity you act on behalf of to this Agreement with respect to the use of this website, that all the user content you have entered on the website is accurate, complete, current, and that such user content rightfully belongs to the business entity duly represented by you. |
| 7.2 |
As a registered User, you are fully and solely responsible for your use of this website and for the user content that you have entered and posted on the website. As a consequence, you undertake to indemnify and hold TOBOC harmless against any liability, loss, damage, cost or expense, including reasonable attorneys' fees (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against TOBOC as a result of a breach of any of the covenants, undertakings, warranties or representations made in this Agreement to which the foregoing indemnity relates. TOBOC reserves the right to contact you be e-mail or phone or other means with regard to the use of the website. |
| 8. |
LIMITATION OF LIABILITY AND WARRANTY |
| 8.1 |
THE INFORMATION PROVIDED IN THIS SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND NO WARRANTY, EXPRESS OR IMPLIED, IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT. TOBOC, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES DOES NOT ACCEPT ANY LIABILITY FOR ANY ERROR OR OMISSION. YOU ALSO RECOGNIZE AND ACCEPT THAT TOBOC., ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM FAULTY COMPUTER COMPONENTS, SOFTWARE OR COMMUNICATION LINKS, RELATED TO THE LOSS OR NONEXISTENCE OF COMMUNICATIONS CAPABILITY OR RELATED TO FAULTY, INCOMPLETE OR INCOMPREHENSIBLE TRANSMISSION OR TO A TRANSMISSION ERASED BY ANY COMPUTER OR NETWORK. |
| 8.2 |
TOBOC., ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES DO NOT OFFER ANY WARRANTY WHATSOEVER AND SHALL NOT BE HELD RESPONSIBLE WITH RESPECT TO THE PERFORMANCE OF USERS' REGISTRATION TO THE WEBSITE IN TERMS OF BUSINESS OPPORTUNITIES, CONTACTS ACHIEVED, NUMBER OF VISITS OR ANY OTHER BUSINESS RESULTS OR EXPECTATIONS OF ANY KIND. |
| 8.3 |
WHILE TOBOC AGREES TO MAKE ITS BEST EFFORTS IN ORDER TO HAVE ITS WEBSITE OPERATIONAL AND ACCESSIBLE ON A REASONABLE BASIS, NO WARRANTIES ARE OFFERED WHATSOEVER AS TO THE TECHNICAL PERFORMANCE OF ITS WEBSITE AND OFFERS NO GUARANTEE OF MERCHANTABILITY. TOBOC, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL IN NO EVENT BE HELD LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE WEBSITE, INCLUDING DAMAGES ASSOCIATED TO THE LOSS OF PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTIONS OR LOSS OF DATA. |
| 8.4 |
TOBOC, its agents, affiliates, directors, officers and employees shall not be liable for any users’ claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from the use or inability to use this website. |
| 9. |
LINKED SITES |
| 9.1 |
TOBOC is not liable for the content of other websites available through hyperlinks from this website, including a user's linked website, as the case maybe (hereinafter “linked sites”). Such linked sites have been created by third parties and TOBOC is not acting as an editor or publisher of the information and material contained in these sites. TOBOC is not affiliated with and does not endorse the linked sites, the owners or operators of the linked sites or the products and/or services made available on these sites. This website is not sponsored by the linked sites or their owners or operators. The act of navigating to these websites and adding them to your bookmarks shall be treated as your sole responsibility. |
| 9.2 |
TOBOC may refuse the use of hyperlinks to this website if the link is made to another page than the home page of this website, through deep linking, framing or mirroring, or if the surrounding context in which the hyperlink is used is harmful to the honour, reputation or commercial interest of TOBOC. |
| 10. |
TOBOC'S USE OF USER CONTENT |
| 10.1 |
As a user, you understand and agree that whether or not your registration is still in force, TOBOC may sell or transfer to third parties any or all of the user content you have provided and posted on this website, in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of TOBOC, provided that the third party to which the information is transferred or sold to has expressly committed to protect your PII and seek confirmation from you on any further use of the information. You accept that TOBOC transfers and allows for the posting of your user content on any other TOBOC partner, affiliate or co-brand’s website, as the case may be. |
| 10.2 |
This website is designed for business-to-business (B2B) operations and is therefore primarily addressed to companies and other forms of corporate entities involved in international trading activities. As a registered User, you understand and agree that all proprietary information entered on the website, whether in the obligatory or optional fields provided, will be posted on the website and made available to other users and to the public. However, TOBOC wishes to maintain and protect the integrity and privacy of personally identifiable information, whether such information belongs to an individual or a corporate entity. To that effect, we invite you to read our Privacy Policy. |
| 11. |
TERMINATION |
| 11.1 |
A registered user's membership shall stand terminated immediately, upon service of a written notice to User, in the following circumstances- |
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| 11.1.1 |
if TOBOC is informed of the initiation of proceedings pursuant to any laws relating to insolvency or bankruptcy or if any proceedings are instituted against a user; if a receiver, Trustee or any other person having similar powers is named in respect of all a substantial part of a user's assets or business; if any person, company or legal entity being lawfully authorized to do so, takes possession of all or part of a user's assets, business or real property, or upon one of the user's voluntary or forced dissolution or liquidation; |
| 11.1.2 |
if a user has failed to comply with any material term, covenant, obligation or representation set out in this Agreement. |
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| 11.2 |
TOBOC may also terminate a User's membership upon completion of ten (10) days of receipt of a written notice of termination, for any reason, at TOBOC discretion, namely if it has any reason to believe that a user's continued membership may be prejudicial to TOBOC business or reputation or to other users. |
| 12. |
EFFECT OF TERMINATION |
| 12.1 |
Upon termination of the Agreement, subject to the provisions contained in subsection 10 related to TOBOC rights to use the user content, a user's membership shall immediately cease to have effect together with all the user's privileges, rights and benefits related to such membership, without any monetary obligation, indemnity or compensation on TOBOC part. TOBOC shall delete such user content from the website within a reasonable delay. TOBOC reserves all its recourses at law if termination has occurred pursuant to the user's default to comply with the provisions of the Agreement. |
| 13. |
AMENDMENTS TO THIS AGREEMENT |
| 13.1 |
This Agreement may be amended or updated at any time by TOBOC. Any material change made to this Agreement which may affect users shall be posted by TOBOC on the website. As a user, you have the obligation to check the website from time to time in order to determine if such amendments have been made. |
| 14. |
FINAL PROVISIONS |
| 14.1 |
The parties represent and warrant that they have the capacity to enter into this Agreement and that this Agreement constitutes legal, valid and binding obligations of their part. |
| 14.2 |
If any provision of this Agreement is determined by a court to be void and unenforceable, such provision shall not affect any other provision of this Agreement or their validity or enforceability. |
| 14.3 |
TOBOC shall have the right to assign any of its obligations and duties with regards to this Agreement to any person or entity. |
| 14.4 |
This Agreement has been drawn up in the English language to benefit the maximum number of the website’s users who are proficient with this language. |
| 14.5 |
This Agreement shall be governed and construed in accordance with the Laws of Republic of India and all parties agree that only the courts of Bangalore shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement. |
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Changes to this Policy: |
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This Policy may be modified from time to time. Any modifications to our Policy will be reflected first on this page, so we invite you to check back regularly. If there is a significant change, we will indicate it on our Website and provide a link to the new Policy. |
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Grievance Officer: |
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Ms. Anne Francis is designated as a Grievance Officer for addressing issues of any grievance with respect to the Terms and Conditions. Her contact details are as follow:
Phone:+91-80-40640000
Email:anne.francis@toboc.com |
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Feedback: |
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If you have any questions/feedback, you can contact us at:
TOBOC B2B MARKETPLACE INDIA PVT LTD
CPB Complex, #749, 1st A Cross,
Krishna Temple Road,
Indiranagar 1st Stage,
Bangalore-560038, India
Email: info@toboc.com |
