Examples of such Personal Data you may provide to us include your name or other identification number, telephone numbers, mailing address, email address, network data and any other information relating to any individuals which you have provided us in any forms you may have submitted to us, or via other forms of interaction with you.
Collection of Personal Data
Generally, Tradly collects Personal Data, either directly from you or from your authorised representatives (i.e. persons whom you have authorised, persons who have been validly identified as being you or your authorised representative pursuant to our then-current security procedures), from third parties, or from publicly available sources or through our mobile app platform or website in the following ways:
- when you submit a form for registering as a customer on our website or any other forms relating to any of our Products and Services
- when you interact with our customer service team, for example, via telephone calls, letters, face-to-face meetings and emails
- when you use some of our services, for example, websites and apps including establishing any online accounts with us
- when you request that we contact you, be included in an email or other mailing list
- when you respond to our promotions, initiatives or to any request for additional Personal Data
- when you are contacted by, and respond to, our marketing representatives and customer service team
- when we receive references from business partners and third parties, for example, where you have been referred by them
- when you submit your Personal Data to us for any other reasons.
When you browse our website or use our mobile app, you generally do so anonymously but please see paragraph 7 below on cookies.
If you provide us with any Personal Data relating to a third party (e.g. information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the Products and Services you have requested.
Purposes for the Collection, Use and Disclosure of Personal Data
Tradly collects, may use and disclose your Personal Data for the following purposes:
- responding to your queries and requests;
- managing the administrative and business operations of Tradly and complying with internal policies and procedures;
- facilitating business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving Tradly or any of its related corporations;
- matching any Personal Data held which relates to you for any of the purposes listed herein;
- resolving complaints and handling requests and enquiries;
- preventing, detecting and investigating crime and analyzing and managing commercial risks;
- providing media announcements and responses;
- monitoring or recording phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
- organising promotional events;
- legal purposes (including but not limited to obtaining legal advice and dispute resolution);
- conducting investigations relating to disputes, billing or fraud;
- meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on Tradly (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations); and
- purposes which are reasonably related to the aforesaid.
Where permitted under the Act:
Tradly may also collect, use and disclose your Personal Data for the following “Additional Purposes”:
- analytics and tracking,
- conducting market research and surveys to enable us to understand and determine customer location, preferences and demographics to develop special offers and marketing programmes in relation to Tradly’s Products and Services, and to improve our service delivery and your customer experience at our touchpoints;
- providing additional Products and Services and benefits to you, including promotions, loyalty and reward programmes from Tradly;
- matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of Products and Services by Tradly;
- leads generation and management for marketing Tradly’s Products and Services;
- administering contests, competitions and marketing campaigns, and personalising your experience at Tradly’s touchpoints;
- communicating to you advertisements involving details of our Products and Services, special offers and rewards, either to our customers generally, or which we have identified may be of interest to you (including but not limited to upselling, cross selling and online marketing);
- organising promotional events and corporate social responsibility projects; and
- purposes which are reasonably related to the aforesaid.
In addition, where permitted under the Act and subject to the provisions of any applicable law, your Personal Data may be disclosed, for Tradly’s Additional Purposes, to the vendors or other third party service providers in connection with promotions and services offered by Tradly.
Tradly may also collect, use and disclose your Personal Data for the following “Preferred Partners Additional Purposes”:
- conducting market research and surveys to enable us to understand and determine customer location, preferences and demographics to develop special offers and marketing programmes with our preferred partners;
- matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision, marketing or offering of products and services (including promotions, loyalty and reward programmes) by our preferred partners;
- leads generation and management for marketing the products and services offered by our preferred partners;
- administering contests, competitions and marketing campaigns in connection with the products and services offered by our preferred partners;
- communicating to you advertisements involving details of the products, services, special offers and rewards offered by our preferred partners, either to our customers generally, (including but not limited to upselling, cross selling and online marketing); and
- purposes which are reasonably related to the aforesaid.
In addition, where permitted under the Act and subject to the provisions of any applicable law, your Personal Data may be disclosed, for Preferred Partners’ Additional Purposes, to the vendors or other third party service providers in connection with promotions and services offered by Tradly’s preferred partners.
If you have provided your telephone numbers, Tradly may contact you using such telephone numbers (including via voice calls, sms, fax or other means) with information about our Products and Services or those products and services offered by our preferred partners (including discounts, flash sales and special offers).
In relation to particular Products and Services or in your interactions with us, we may also have specifically notified you of other purposes for which we collect, use or disclose your Personal Data. If so, we will collect, use and disclose your Personal Data for these additional purposes as well, unless we have specifically notified you otherwise.
Please be aware that once we receive confirmation that you wish to withdraw your consent for marketing or promotional materials/communication, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials/communication during this period of time. Please note that even if you withdraw your consent for the receipt of marketing or promotional materials through a specific mode, we may still contact you for other purposes in relation to the Products and Services that you hold or have subscribed to with Tradly.
Disclosure of Personal Data
Tradly will take reasonable steps to protect your Personal Data against unauthorised disclosure. Subject to the provisions of any applicable law, your Personal Data may be disclosed, for the purposes listed above (where applicable), to the following:
- Tradly’s related corporations and employees to provide content, Products and Services to you, address your questions and requests in relation to your customer accounts, subscription and billing or order arrangements with us as well as our Products and Services, to activate, deactivate, install, maintain and operate our systems and/or services;
- agents, contractors or third party service providers who provide operational services to Tradly, such as courier services, telecommunications, information technology, payment, printing, billing, payroll, processing, technical services, training, market research, call centre, security or other services to Tradly;
- vendors or third party service providers in connection with marketing promotions and services offered by Tradly or its preferred partners;
- commercial shops and retailers in relation to providing rewards and benefits;
- any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving any of the Companies;
- relevant government regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority; and
- any other party to whom you authorise us to disclose your Personal Data to.
- enabling certain features and functions on our websites and mobile apps, eg. remembering your user-id, browsing and other service preferences
- building up a profile of how you and other users use the website and mobile apps
- improving the efficiency of our websitea and mobile apps
- administering services to you and to advertisers; and
- establishing usage statistics
Most internet browsers and application settings provide you the option of turning off the processing of cookies (please see the “help” section of your browser or mobile device, as applicable), but this may result in the loss of functionality, restrict your use of the website or mobile app and/or delay or affect the way in which it operates.
Advertisements on the Tradly website and/or mobile apps may be provided by third party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to do this), and to track how many people have seen it more than once. Tradly does not control these third parties and their cookie policies and if you have questions about their cookie policies, please contact Tradly and we will try our best to assist by providing you information about these third party advertising agencies.
Tradly is not responsible for the Personal Data policies (including Personal Data protection and cookies), content or security of any third party websites linked to the Tradly website.
Tradly uses features of Google Analytics, please see this link //www.google.com/policies/privacy/partners/ for how your data is collected and //tools.google.com/dlpage/gaoptout for how to opt-out of any Google Analytics tracking.
As part of the above, Tradly may use Google Analytics features based on Display Advertising, including but not restricted to the following: Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings (//www.google.com/settings/ads), you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
Tradly also uses Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show Tradly ads on sites across the Internet. Tradly and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitors’ past visits to Tradly, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Tradly.
When you log on to the Tradly website, Tradly with the help of Google Analytics may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this Personal Data Protection Policy.
This Personal Data Protection Policy and your use of this website shall be governed in all respects by the laws of India.
Welcome to Tradly! By accessing or using the Tradly website, the Tradly service, or any platform or application (including mobile applications) made available by Tradly (together, the “Services”), however accessed, you agree to the following terms and conditions.
- Application and Acceptance of the Terms
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Tradly, or (b) you are not permitted to receive any Services under the laws of India or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Tradly may amend any Terms at any time by posting the relevant amended and restated Terms on the platforms through which our Services may be accessed. By continuing to use the Services and the applicable platforms, you agree that the amended Terms will apply to you.
1.4 If Tradly has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Tradly or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Tradly.
- Provision of Services
2.1 You must register as a member in order to access and use some Services. Further, Tradly reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Tradly may impose in our discretion.
2.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Tradly may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.3 Tradly may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
2.4 Some Services may be provided by Tradly’s affiliates as independent contractors.
- Users Generally
3.1 As a condition of your access to and use of the Services, you agree that you will comply with all applicable laws and regulations when using the Services.
3.2 You agree to use the Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Services (the “Service Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Service Content for the purposes of operating a business that competes with Tradly, or otherwise commercially exploiting the Service Content. Systematic retrieval of Service Content from the Services 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 Tradly is prohibited. Use of any content or materials on the Services for any purpose not expressly permitted in the Terms is prohibited.
3.4 Tradly may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that Tradly has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Tradly and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Tradly’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Services or providing any User Content to Tradly or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Tradly to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Services, the provision of any Services and/or the business of the User. You confirm and warrant to Tradly that you have all the rights, power and authority necessary to grant the above license.
- Member Accounts
4.1 Users must be registered on the Sites to access or use some Services (a registered User is also referred to as a”Member” below). Tradly may reject User’s application for registration for any reason.
4.2 Upon registration on the Services, Tradly shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Tradly immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Tradly or other Users of the Sites. Member shall indemnify Tradly, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Tradly shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
- Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that you have full power and authority to accept the Terms, to grant any applicable license and authorization and to perform the obligations hereunder.
5.3 Each Seller represents, warrants and agrees to Tradly that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
5.4 Each Seller further represents, warrants and agrees that the User Content that you submit, post or display shall:
- a) be true, accurate, complete and lawful;
- b) not be false, misleading or deceptive;
- c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.5 Each Seller further represents, warrants and agrees that you shall:
- a) carry on your activities in connection with the Services in compliance with any applicable laws and regulations;
- b) conduct your business transactions with other users of the Services in good faith;
- c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- d) not use the Services to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- f) not engage in spamming or phishing;
- g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- h) not involve attempts to copy, reproduce, exploit or expropriate Tradly’s various proprietary directories, databases and listings;
- i) not involve 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;
- j) not involve any scheme to undermine the integrity of the data, systems or networks used by Tradly and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
- k) not engage in any activities that would otherwise create any liability for Tradly or our affiliates.
5.6 Seller may not use the Services and member account to engage in activities which are identical or similar to Tradly’s e-commerce marketplace business.
5.7 If Seller provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.8 Seller agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Tradly’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Tradly shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.9 Seller acknowledges and agrees that Tradly shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services. Tradly does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Seller. Each Seller is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.10 Seller acknowledges and agrees that each Seller is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
- Breaches by Members
6.1 Tradly reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Tradly or our affiliates to liability, or is otherwise found inappropriate in Tradly’s opinion.
6.2 If any Member breaches any Terms or if Tradly has reasonable grounds to believe that any Member is in breach of any the Terms, Tradly shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Tradly shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Tradly. The penalties that Tradly may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Tradly may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Seller would be considered as being in breach of the Terms in any of the following circumstances:
- a) upon complaint or claim from any third party, Tradly has reasonable grounds to believe that such Seller has willfully or materially failed to perform your contract with such third party including without limitation where the Seller has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Seller has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
- b) Tradly has reasonable grounds to suspect that a User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- c) Tradly has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
- d) Tradly believes that the Member’s actions may cause financial loss or legal liability to Tradly or our affiliates or any other Users.
6.4 Tradly 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. Further, Tradly may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Tradly shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Tradly for such disclosure.
6.5 If a Member is in breach of the Terms, Tradly also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Tradly also reserves the right to disclose the records of such breach to any of the Sellers. Such Sellers may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Tradly affiliates.
6.6 Tradly may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service without being liable to the Member if Tradly has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Tradly and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Tradly shall have the right to publish the records of such breach on the Services. Tradly shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify Tradly, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Services, or from your breach of the Terms.
6.8 Each User further agrees that Tradly is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Seller. Tradly reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Tradly in asserting any available defenses.
- Transactions Between Buyers and Sellers
7.1 Through the Services, Tradly provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. However, for any Services, Tradly does not represent either the seller or the buyer in specific transactions. Tradly does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Services or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Services, 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 Services. 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 refund/payment, cost mis-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 Sites 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 products originally obtained by Users of the Services as a result of purchase and sale transactions in connection with using the Services 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 Risks”. Each User agrees that Tradly shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 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 Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably required by Tradly in connection with your transactions conducted on, through or as a result of use of the Services. Tradly has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Tradly (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
8.1 To the maximum extent permitted by law, the services provided by Tradly on or through the sites are provided “as is”, “as available” and “with all faults”, and Tradly 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, and undertakings are hereby excluded.
8.2 To the maximum extent permitted by law, Tradly makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the Services; Tradly does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and Tradly makes no representations or warranties of any kind concerning any product or service offered or displayed on the Services.
8.3 Any material downloaded or otherwise obtained through the Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Tradly’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Tradly or through or from the Sites shall create any warranty not expressly stated herein.
8.4 The Sites may make available to Users services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Tradly and our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save Tradly, our 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 such User’s use of the Services (including but not limited to the display of such User’s information on the Services) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Tradly, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 Tradly, including but not limited to those set forth in Section 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Tradly, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 Services. Each User hereby further agrees that Tradly is not responsible and shall have no liability to you, 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. Tradly reserves the right, at our 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 Tradly in asserting any available defenses.
8.7 Tradly 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, equity or otherwise or any other damages resulting from any of the following.
- a) the use or the inability to use the Services;
- b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Services;
- c) violation of Third Party Rights or claims or demands that a Seller’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on or through the Services 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;
- d) unauthorized access by third parties to data or private information of any User;
- e) statements or conduct of any User of the Services; or;
- f) any matters relating to Services however arising, including negligence.
8.8 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Tradly has been advised of or should have been aware of the possibility of any such losses arising.
- Force Majeure
9.1 Under no circumstances shall Tradly be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or any other cause whatsoever, 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.
- Intellectual Property Rights
10.1 Tradly is the sole owner or lawful licensee of all the rights and interests in the Services and the content of the Services except products displayed by Third Party Providers. The Services and content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Services and content of the Services (other than excluded content) shall remain with Tradly, our affiliates or licensors of the Services’ Content, as the case may be. All rights not otherwise claimed under the Terms or by Tradly are hereby reserved.
10.2 Tradly may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.1 All legal 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 Tradly, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
- a) Tradly is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- b) immediately upon Tradly posting such notice on an area of the Services that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Tradly sends to you electronically satisfy the legal requirement that such communication should be in writing.
- General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Tradly with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Tradly and Sellers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Tradly’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Tradly’s right to act with respect to subsequent or similar breaches.
12.6 Tradly shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Tradly). You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms shall be governed by the laws of India regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of India.