Tpois Info Private Limited /Tpois.com Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of Tpois.com (hereinafter referred to as "web site"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the "User(s)") and Tpois Info Private Limited (hereinafter referred to as "TIPL/Tpois").
Before you subscribe to and/or begin participating in or using web site, TIPL believes that user(s) have fully read, understood and accepted the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
- "Company" means Tpois Info Private Limited, a Company incorporated under the Companies Act, 1956 and having its registered office at D-3/2, Okhla Industrial Area, Phase II, Okhla, New Delhi - 110020, along with its unit for the Company's website called Tpois.com and where the context so requires, means and includes all Tpois Info Private Limited's officers, directors, employees and subsidiary, associate and affiliate entities, and/or business entities with whom Tpois Info Private Limited enters into a partnership or strategic or financial alliance.
- "User" is defined as a person whether legal or juristic, or any body corporate who makes use of the Site in any manner and includes all individuals and/or corporate members/subscribers who use the Services provided by the Site, whether or not for any payment. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User; and Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site. Each registered User is given a unique User ID by the Site.
- “Content” means its design, layout, text, images, graphics, sound, video etc
1. WEBSITE-MERELY A VENUE/PLATFORM
Web site acts as a mere venue/platform for our members for buying, selling and other business services by way of locating companies to trade with, through our on-line Portal (Website).
TIPL/TPOIS does not take part in the actual transaction that takes place between the buyers and sellers and hence is not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members/User(s) only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between ‘TIPL/Tpois’ and other parties.
2. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by “Tpois.com”. TIPL/TPOIS services are available only to those individuals or companies who can form legally binding contracts under the applicable law. i. e. user(s) must be at least 18 years of age and not ineligible in law to enter into contract to be eligible to use our services.
TIPL/Tpois advises its users that while accessing the web site, they must follow/abide by the related laws. TIPL/Tpois is not responsible for the possible consequences caused by your behavior during use of web site. TIPL/Tpois may, in its sole discretion, refuse the service to anyone at any time without assigning any reason whatsoever.. The service is not available to temporarily or indefinitely suspended members/User(s) of web site.
3. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered parties - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all TIPL/Tpois services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions stated herein shall prevail.
TIPL/Tpois , the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that TIPL/Tpois, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by TIPL/Tpois under the Terms shall be considered part of the Services.
You acknowledge and agree that while TIPL/Tpois may not currently have set a fixed upper limit on the number of transmissions/transactions you may send or receive through the Services, TIPL/Tpois may set such fixed upper limits at any time, at TIPL/Tpois’s discretion.
TIPL/Tpois reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
TIPL/Tpois may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. TIPL/Tpois reserves the right to modify, cancel and discontinue its Program without notice to the User.
You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Gmail, Twitter, linkedin etc.). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to TIPL/Tpois . You authorize TIPL/Tpois to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
In creating an account and/or claiming your business listing, you represent to TIPL/Tpois that all information provided to TIPL/Tpois in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to TIPL/Tpois that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by TIPL/Tpois , or provide or use false information to obtain access to a business listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause TIPL/Tpois or third parties to incur substantial economic damages and losses for which you shall be held liable and accountable.
By creating an account, you agree to receive certain communications in connection with the Site or Services. For example, you might receive comments or friend requests from other Users.
In case, User adds an item in the wish list Shown / Selected / Shortlisted by you, “TPOIS.COM”/TIPL/ OWNERS / FOUNDERS / EMPLOYESS have no commitment on delivery / Price/ availability / Quality/ Quantity / Durability /performance / Accuracy / Reliability / Merchantability / Fitness / Validity / Correctness / Stability of the product.
All services are offered without any performance guarantee in terms of no. of enquiries, confirmed orders etc.
Company reserves the right to list its registered Users on the Site and as well as on other network portals run by the Company
4. AMENDMENT TO USER(S) AGREEMENT
TIPL/Tpois may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
5. INTELLECTUAL PROPERTY RIGHTS
TIPL/Tpois is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with TIPL/Tpois, its affiliates or licensor's of TIPL/Tpois content, as the case may be.
All rights, not otherwise claimed under this agreement or by TIPL/Tpois, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. TIPL/Tpois does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall TIPL/Tpois be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
By submitting Your Content you hereby irrevocably grant TIPL/Tpois a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. The word “use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant TIPL/Tpois the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against TIPL/Tpois , any third party services and our and their users.
The information presented here has been compiled from publicly aired and published sources. TIPL/Tpois respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. TIPL/Tpois reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
- All content on this web site is the copyright of TIPL/Tpois except the third party content and link to third party web site on our website.
- TIPL/Tpois is not an expert in your intellectual property rights, and it cannot verify that the users of our online marketplace - who can post literally tens of thousands of trade leads for items on the website each day - have the right to sell the goods offered. TIPL/Tpois will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. TIPL/Tpois is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, TIPL/Tpois is not endorsing a claim of infringement. Neither, in those instances in which TIPL/Tpois declines to take down a listing, is TIPL/Tpois determining that the listing is not infringing, nor is TIPL/Tpois endorsing the sale of goods in such cases.
- TIPL/Tpois respects the intellectual property rights of others, and we expect our user(s) to do the same. TIPL/Tpois believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the " TIPL/Tpois content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with TIPL/Tpois, or otherwise commercially exploiting the TIPL/Tpois content. Systematic retrieval of TIPL/Tpois content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TIPL/Tpois is prohibited.
- In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of TIPL/Tpois 's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. In case you infringe the intellectual property sight of any one, you shall be solely lible for its consequences. TIPL/Tpois reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the TIPL/Tpois service, or if TIPL/Tpois believes that user(s) conduct is harmful to the interests of TIPL/Tpois, its affiliates, or other users, or for any other reason in TIPL/Tpois 's sole discretion, with or without cause.
- URL's/Sub-Domain Names assigned by TIPL/Tpois to its users (which includes both paid and free) is the exclusive property of TIPL/Tpois and it cannot be assumed to be permanent in any case. TIPL/Tpois reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, TIPL/TPOIS WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
6. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and TIPL/Tpois has no control over such sites i.e content and resources provided by them.
TIPL/Tpois may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. TIPL/Tpois believes that user(s) acknowledge that TIPL/Tpois has no control over such third party's site, does not monitor such sites, and TIPL/Tpois shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Users shall be charged on listing of their products & services through TIPL/Tpois by paying:
Annual Mode: One time fee of Rs. xxxxxx - (non refundable).
Multi Year: One time fee of Rs. xxxxx/- (non refundable).
* These rates are excluding taxes and subject to change at the sole discretion of management.
6. GRIEVANCE REDRESSAL
For any complaints and grievances, User may contact the Grievance Officer, Tpois Info Private Limited, D-3/2, Okhla Industrial Area, Phase II, New Delhi – 110 020 India. +91-11-47105100; or email: [email protected]
All complaints to the Grievance Officer shall be made in writing giving a detailed description of the complaint/grievance of the User.
The Grievance Officer shall redress all complaints as soon as possible.
7. SUSPENSION, REINSTATEMENT AND REFUNDS
- Without prejudice to any other rights or remedies that may be available to it, the Company may suspend all services provided, remove and/or disable any and all User Hosted data and content and/or limit access rights of a User for a breach or violation as is set forth herein.
- User hereby authorizes Company to remove and/or disable User hosted data and/or content or to limit Services to a User against whom a complaint is received, which remain unresolved or is not amicably settled within thirty (30) days of the date of the complaint by the aggrieved User.
- When the Service subscribed for is suspended without remedy for more than 45 (forty five) days, the Company shall have the option to terminate the membership of the User and the consequences set forth in Termination Clause.
- The Company may at its discretion and subject to such terms as it deems proper, reinstate a User and/or User Hosted data and restart a Service
In case, due to whatever reason(s), if an Advertiser /user asks for cancellation of advertisement / listing, the amount paid will not be refunded by the company on cancellation as per the policy of the company.
It is agreed by the parties, that no listing or advertisement fees will be refunded in any case on cancellation by whatever reason.
8. INDEMNITY CLAUSE
The User admits and acknowledges that:-
- The Company cannot take responsibility or control the information provided by the Users, which is made available on the Website of the Company as the Company has provided information, display of the products of the User on its Website in good faith and solely based on representations of the User, which the Company has no reason to disbelieve.
- The User shall be solely and exclusively responsible in respect of all or any liability arising out of any sale of any product/services and/or consequent to any display of any product or its description and features as the Company has only provided the link to the User and nothing more.
- The Company in no way may be held liable for User provided information that may turn out to be offensive, harmful, inconsistent, inaccurate, or deceptive.
- The User has represented that it has all rights in the products and service and the content provided on the Website of the Company in respect of the products or service does not and shall not infringe any applicable law, rules or regulations and does not infringe the trademark, copyright and/or the patents or any other proprietary or any other rights of any third party in the said product or service and such product, service or its content does not contain libelous, tortious, or any unlawful information in any manner whatsoever.
- The Company has the right to advise the prospective guest/client to exercise caution and display a disclaimer in respect of the fact that the Company has no liability of any kind or nature whatsoever and is not promoting or endorsing any product or service and that the Company is only giving the uploading rights to the User to upload its product or service and its contents on the Website and that the Company shall not be responsible or liable for the quality, quantity, description, content and/or other information in respect of the product and/or service.
- The prospective guest/client may not be registered on the Website of the Company and if an inquiry is sent by the Company to a User listed on the Website of the Company, the Company takes no responsibility about the veracity/genuineness of the prospective guest/client or its whereabouts and the Company has only in good faith forwarded such inquiry to the User and the Company would not entertain any claims of any kind or nature whatsoever from the User or any other person in connection with any act, deed, thing or any act of omission or commission done or committed by the User(s)/client.
- The User further hereby indemnifies and keeps the Company and its Directors, Managers, officers, employees, representatives and/or any other persons in day to day in-charge and management of the Company harmless and indemnified against any costs, damages, liabilities or other consequence of any of the actions taken by any person in respect of any product or service sold or displayed and/or in respect of any contents of the said product including on account of any of the factors mentioned in the foregoing sub-paragraph (i) to (vii) above.
- The User further undertakes that if the Company is made a party to any of the litigation by any person or in any proceeding initiated by any Government agencies than the User shall indemnify the Company and its Directors, Managers, officers, employees, representatives and/or any other persons in day to day in-charge and management of the Company in respect of any cost or expenses incurred in defending any such action and the User shall without demur reimburse the cost, expenses to the Company as is demanded by the Company from the User.
Most of the contents and some of the features on the web site are made available to visitors free of charge. However, TIPL/Tpois reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. TIPL/Tpois also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of TIPL/Tpois and/or other visitors to the web site. TIPL/Tpois reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
TIPL/Tpois withholds the right to temporary or permanent termination of membership of any user for any of the following reasons : if user(s)
- have provided any false information in connection with the member account to TIPL/Tpois, or are engaged in fraudulent or illegal activities.
- The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
- Utilizes web site to send spam messages or repeatedly publish the same product information.
- Posts any material to members that are not related to international trade or business cooperation.
- Impersonate or unlawfully use another companies name to post information or conduct business of any form
- Any unauthorized access, use, modification, or control of the web site data base, network or related services.
- Obtain by any means web site member's user name and/or password.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Violate our Guidelines and Policies;
- Is harmful, threatening, abusive, harassing, tortuous, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials
- “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
If TIPL/Tpois terminates user(s) membership, user(s) will not have the right to re-enroll or join TIPL/Tpois under a new account or name unless formally invited to do so by TIPL/Tpois. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
10. REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). TIPL/Tpois will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to TIPL/Tpois during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize TIPL/Tpois to share such information with other user(s). TIPL/Tpois may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a Registered membership at any time without any prior notification in interest of TIPL/Tpois or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of TIPL/Tpois in any way.
You consent that :
“Despite my and my organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Tpois Info Private Limited (TIPL/Tpois) through phone calls, SMS notifications or any other means of communication, in respect to the services provided by TIPL/Tpois.”
11.DATA PROTECTION :
Cookies are used on our websites to provide information to users in a systematic manner for better user experience. Cookies are small text files which are sent from TIPL/Tpois web server to your PC, where they are usually stored on your hard disk. Cookies do not become a part of your system and cannot cause any damage to your system. The use of these cookies does not involve the storage of personal data, nor are they linked with your personal user data. Most browsers are set to accept cookies automatically. However, you can deactivate the storage of cookies, or you can reset your browser to indicate when a cookie is being sent.
13. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
TIPL/Tpois in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither TIPL/Tpois nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. TIPL/Tpois is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, TIPL/Tpois is not responsible for the conduct of user(s) activities on the web site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
- provide TIPL/Tpois with true, accurate, current and complete information to be displayed on the web site and
- maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to TIPL/Tpois to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web 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 web site (hereafter referred to as"Third Party Rights").
User(s) hereby represent, warrant and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site 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. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to TIPL/Tpois for display on the web site will not:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the web site or for any other unlawful 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;
- 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 grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- 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 offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with TIPL/Tpois;
- 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 that are prohibited under the prevailing law; or
- impersonate another person;
- harm minors in any way;
- threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- be in contravention of the Information Technology Act, 2000 and any other law for the time being in force;
- contain or use any software to automatically download or/and extract either a complete or/and partial listing from Tpois.com data base without prior consent from TIPL/Tpois in writing.
- Otherwise create any liability or adverse publicity for the Company.
- Otherwise create any liability for TIPL/Tpois or its affiliates.
- TIPL/Tpois reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject TIPL/Tpois to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in TIPL/Tpois's opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
- In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear the risk that web site may take such actions.
Web site acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the web site. TIPL/Tpois do not have any role in developing the content.
14. INTERACTION BETWEEN USERS
TIPL/Tpois provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions. Web site 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 web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Since it is not possible in all cases and is not 100% fool-proof, TIPL/Tpois cannot and does not confirm each user(s) purported identity. TIPL/Tpois encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume 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 web 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 mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you 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 user(s) of the web site as a result of purchase and sale transactions in connection with using the web 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 Risks".
User(s) agree that TIPL/Tpois shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage etc. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify TIPL/Tpois (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. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use TIPL/Tpois database and/or services to send 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. In the event of theft or/and loss of user identification or/and password or/and security word by any third party, User shall remain liable for use of the services by any third party. Further, as a Registered User, user(s) will 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.
TIPL/Tpois reserves the right to add/modify/discontinue any of the features offered with a service.
15. LIMITATION OF LIABILITY/DISCLAIMER
You are advised to read and understand the contents of this disclaimer clause carefully before you access and avail the services of TIPL/ Tpois and its related sites.
TPOIS.COM / TIPL / OWNERS / FOUNDERS / EMPLOYEES of “TIPL/ Tpois” are only an intermediary offering their platform to facilitate the transactions between Seller / Service Provider /Customer/Buyer/User and is not and shall be a party to or shall have control in any manner any transaction(s) between the Seller / Service Provider /Customer/Buyer/User. TIPL/ Tpois / OWNERS / FOUNDERS / EMPLOYEES shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller / Service Provider and both Seller / Service Provider and Customer/Buyer/User shall settle all such disputes without involving TPOIS.COM / TIPL / OWNERS / FOUNDERS / EMPLOYEES in any manner.
The features, services and products on the web site are provided on "as is" and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, warranties of title, warranties of any kind about any product or services offered, or displayed or hosted on the site quantity, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby expressely excluded. TIPL/TPOIS/ OWNERS / FOUNDERS / EMPLOYEES make no representations or warranties about the quantity, validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the web site. TIPL/TPOIS/ OWNERS / FOUNDERS / EMPLOYEES do not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and TIPL/Tpois/ OWNERS / FOUNDERS / EMPLOYEES make no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site shall be done at your sole discretion and risk and you are solely responsible for any damage to your 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 you from web site or through or from the web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for any delay or failure or disruption of the contents or services delivered through the web 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, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agrees to indemnify and save web site, its affiliates, owners, founders, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, owners, founders, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, its affiliates, owners, founders, 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 web site. User(s) hereby further agree that web site 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 you. Web site 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 web site in asserting any available defenses.
Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no product can be advertised on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not TIPL/Tpois and its users.
Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
The use or the inability to use the web site;Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
Violation of Third Party Rights or claims or demands that User(s) manufacturing, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web 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(s);
Statements or conduct of any User(s) of the web site; or
Any matters relating to Premium Services how-so-ever arising, including negligence.
You hereby agree that registration and subsequent availing of the services on this site is subject to the discretion of TIPL/Tpois.
TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES do not guarantee the accuracy, authenticity and completeness of the services available on their site/sites as this is the sole responsibility of the source from where such information originates and TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES shall not be held liable or responsible for any loss or damages caused to person or organization
The services, prices and information available on the site are subject to change and variable at any time without notice. The information and services at this Site may not be updated, and TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES are not under any legal obligation to have the updated information and services on the site and are not liable for any direct and indirect loss or damage.
TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES can't be dragged for non updation of the information on the site in any court of law except as expressly provided herein, TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES neither make nor provide any representation or warranty, express or implied, as to the services or any software, equipment or systems, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, or arising from course of performance or course of dealing, or that the services shall be provided error-free or uninterrupted. TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES make no representation or warranty with respect to, and shall not be responsible or liable for, any (a) corruption, damage, loss or mis-transmission of data, (b) security of data during transmission via public telecommunications facilities or (c) of the content of any data provided by client or client's representatives on the site
TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES will not be responsible for the delivery of products purchased or sold during the auction and shall also not be responsible for any loss or damage of the products or delay in delivering the products or services.
TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES are not responsible for price changes and prices are valid for a particular auction scheduled for a particular period of time.
Any deletion of equipment/ machinery/ etc. can also be done by TIPL/Tpois without any notification even before the subscription period is expired.
Any misuse of the details/ specification/ contact details/ pictures by any third party the source/ owner of the equipment/ manufacturing brand/ company, shall hold TIPL/Tpois responsible for the same.
Data loaded on www.tpois.com is from the specific company source and www.tpois.com TIPL do not take any responsibility for the authentication of the data.
The price offered by us is valid only for a defined period of time and after that date it will be automatically removed / Blocked without any correspondence/ intimation to you.
The details available on site are on “as in where in basis” and we would hold no Responsibility/ Guarantee/ Durability / Quality / Price / Stock Availability for the items details.
As this is just information sharing website /Portal. Where TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES hold no responsibility for any kind of data.
There is no guarantee for the sale of such items by TIPL/Tpois, It is just a website / Portal where your company subscribed us to list your co.’s Surplus / non-movable / Surplus Product / Manufacturing Items / Services provided by your co.’s for the purpose showing your Item on Internet, and any party interested in the above Items/ Services of your co.’s can / Would directly get in touch with yours co.’s of further Quotes / Price suitable to you for any Business / Commercial transactions.
At www.tpois.com we do not do any commercial transaction, as this is only a website / Portal providing information.
You will not be the only co.’s data available / listed in this website/ Portal, we are open / reserve the right to include as many as co.’s possible to include co.’s on this website / Portal of similar Industries / Services / for same Items / Product national or internationally.
There is no system/ Method of refund of any amount of the subscription fee once paid and deposited in our Account.
The co.’s cannot raise any kind of claim regarding anything on TIPL/Tpois / OWNERS / FOUNDERS / EMPLOYEES since the information loaded on our website / Portal is given / provided by yourself only.
This is a public place where anyone can view / retrieve data, so no objection of any kind will be entertained once the data is listed on our website / Portal.
The company does not permit a user to display / publish any information which contains prohibited or illegal Adultery contain.
The company reserves the right to change the terms, conditions, and notices under which the services are offered at any time without giving any information / notice to the users.
User hereby consents to receive communication from TIPL/Tpois as any of the method by E-mail, by phone, etc.
By Accepting the terms and conditions you also allow us to put your company name and logo in our marketing material / show your name and logo in our clientele list etc.
This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.
Company conducts several phone enquiries on its Site to provide the Services, Company however does not have a mechanism to verify the credentials of these enquiries, hence buyers & sellers are advised to exercise due caution in dealing with these enquiries & finalizing business deals.
All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to TIPL/Tpois in the following manner: to Tpois Info Private Limited, D-3/2, Okhla Industrial area, Phase II, Delhi 110020.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to web site, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.
17. ARBITRATION CLAUSE FOR DISPUTE
Any dispute or difference of any nature whatsoever arising out of or in relation to this Agreement including in respect of the indemnity clause of this Agreement shall be finally decided by a Sole Arbitrator to be nominated by the Director of the Company (hereinafter referred as "the nominating authority"). The Sole Arbitrator so appointed by the nominating authority shall be a practicing Advocate of not less than 5 years in practice or a retired judge of the High Court. The User shall not be entitled to raise any objection to any such Sole Arbitrator appointed by the nominating authority on any ground whatsoever. The arbitration shall be held in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any other applicable law at the relevant point of time. The language of the arbitration shall be English and the award rendered in arbitration shall be a reasoned award in writing and shall be conclusive and binding on the parties. The venue of arbitration shall be at New Delhi, India.
18. GOVERNING LAW AND DISPUTE RESOLUTIONS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Web site's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives TIPL/Tpois's right to act with respect with subsequent or similar breaches.
Web site shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
All calls to TIPL/Tpois are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from TIPL/Tpois may be monitored and recorded.
User reviews do not reflect the opinion of TIPL/Tpois. TIPL/Tpois receives multiple reviews by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Tpois is the personal opinion of the user/reviewer only. Tpois is a neutral platform, which solely provides a means of communication between users/reviewers including users or owners/representatives with access to business page. The advertisements on Tpois are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that isn’t true about the TIPL/Tpois, the best option for the company’s representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Company believes that any particular user’s review violates TIPL/Tpois Policy, TIPL/Tpois may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
20. USER FEEDBACK
If you share or send any ideas, suggestions, changes or documents ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) TIPL/Tpois is under no obligation of confidentiality with respect to such Feedback, (iii) TIPL/Tpois may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against TIPL/Tpois and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by TIPL/Tpois on the Services are subject to change without specific notice to you. In consideration for TIPL/Tpois granting you access to and use of the Services, you agree that TIPL/Tpois may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to TIPL/Tpois by third parties. Responsibility for ensuring that material submitted for inclusion on the Site or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TIPL/Tpois found on or through the Site and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. TIPL/Tpois will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Site and mobile apps.
This document is an electronic record in terms of the Information Technology Act, 2000 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2000.