USE OF THE SERVICES OFFERED BY STEELBAZAR WEBSITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS OF USE CONTAINED BELOW. YOUR USE OF THE SERVICES OFFERED BY STEELBAZAR WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORISED TO USE STEELBAZAR WEBSITE FOR ANY PURPOSE.
TERMS AND CONDITIONS OF USE
These terms and conditions together with terms and conditions stated in other Sites governs your use of Steelbazar Website and constitutes your binding obligations towards Steelbazar.
1. Eligibility
Access to the services offered on the Steelbazar Web Site is available only to registered users ("Members"). Unless a user is registered as a member, the user will not be permitted to use the Steelbazar Web Site. Membership is available to qualified persons (individuals and corporate bodies) in the steel industry who are capable of forming legally binding contracts under applicable law. A qualified user can apply to become a Member of Steelbazar Web Site by completing a Registration Form and by selecting a User Name. Applicants will be required to go through an offline verification process as determined by Steelbazar from time to time. Notwithstanding anything to the contrary, Steelbazar may refuse an application for membership in its sole discretion and/or limit a Member's use of the Steelbazar Web Site at anytime in its sole discretion, and without assigning any reason. If a registration form is accepted, the user is notified and then registered as a Member.
2. Corporate Member
A corporate body which is a Member ("Corporate Member") shall provide to Steelbazar a list of persons ("Authorised Persons") who are authorised to represent the Corporate Member on Steelbazar Web Site and/or Exchange. Steelbazar shall not be responsible for the acts and/or omissions of the Authorised Persons of a Corporate Member. A Corporate Member shall inform Steelbazar any time it makes a change to the list of Authorised Persons and Steelbazar shall have the right to rely on whatever information available to Steelbazar and the representations made by such Authorised Persons, without any liability.
In addition to the Corporate Member's User Name and Trading Password, Authorised Persons would be given individual passwords for accessing the Steelbazar Web Site and/or Exchange. No transaction will be validated unless the User Name and individual password of the Authorised Person is used.
Steelbazar reserves the absolute right to deny access to Steelbazar Web Site and/or the Exchange to any Member who is not in compliance with these Terms and Conditions of Use and the terms and conditions stated on other Sites or whose membership has been terminated.
3. Membership Fees
Initially the membership is being offered under three categories namely Silver, Gold and Platinum amongst these silver membership is free but for availing gold and platinum benefits, members would be required to pay the annual membership fees and security deposit as per the rules of Steelbazar from time to time. Steelbazar has the right to deny access to Steelbazar Web Site and/or Exchange to any Member who has not paid the requisite membership and/or renewal fees. The security deposit is refundable and non interest bearing with a locking period of one year minimum.
4. Use of Passwords; Access to Steelbazar Website and Exchange
Access to Steelbazar Website is through a combination of a User Name as selected by the Member and Trading Password which has been notified by Steelbazar to the Member. A Member is responsible for keeping its User Name and Trading Password strictly confidential and not allows and/or permits any of the User Name and/or Trading Password to be used and/or utilised by other third parties. Steelbazar shall not be responsible for any damages or liabilities resulting from third party use of a Member's User Name and/or Trading Password.
The User Name and Trading Password provide access to the [Exchange] and allow a Member to commence and conclude an action on the [Exchange]. No Member is permitted to access the services provided on Steelbazar Website using the User Name and Trading Password of another Member.
A Member is responsible for providing all equipment necessary to access Steelbazar Website.
5. Availability
Steelbazar Website is usually available 24 hours a day, 7 days a week. However, Steelbazar reserves the right to make Steelbazar Website unavailable from time to time for any reason whatsoever and Member agrees that Steelbazar shall not be liable for any damages whatsoever arising from the interruption, suspension or termination of Steelbazar Website.
6. Use of Steelbazar Web Site and Exchange
A Member will also be able to offer steel products and/or services for sale and to engage in negotiations and close transactions with other Members at Commerce. Members can be both buyers and sellers. If a Member offers products or services for sale or responds to an inquiry, the Member is considered a "Seller". If a Member responds to an offered product and/or service, or posts an inquiry for the purchase of products and/or services, the Member is considered a "Buyer".
A Member will have access to all news, information and content available on Content, subject to payment of such fees as may be determined by Steelbazar from time to time and to post information on Community, in accordance with the terms and conditions herein and therein contained.
7. Systems Integrity
Member agrees to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to Member's use of Steelbazar Web Site and the Exchange. Without limiting the foregoing, Members are responsible for observing all applicable tariffs and trade laws.
Member agrees not to tamper in any way with the software or functionality of Steelbazar Website. Member further agrees not to invade by any means or in any manner other Member's privacy.
8. Information posted on Steelbazar Website
All Members are allowed to post information on Steelbazar Website provided that they are solely responsible for whatever information those are so posted. Members agree and acknowledge that Steelbazar has no obligation to monitor and/or scan through and/or verify the truth, completeness, objectivity or usefulness of, the contents and/or the information that Members shall post on Steelbazar Website.
Notwithstanding the aforesaid, if Steelbazar is of the opinion that such information may give rise to liability to Steelbazar or other parties or Members or interfere with or impair Steelbazar relationship with any Member, then Steelbazar shall have the right to remove and/or take such action against such Member as Steelbazar shall deem fit and necessary with respect to such information.
Without prejudice to the aforesaid, by way of example and not as a limitation, any information posted on Steelbazar Website must meet the following criteria:
a) must not infringe any third party's rights including but not limited to copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
b) must not violate and/or constitute a breach of any applicable law, statute, rule or regulation;
c) must not be indecent, obscene in nature or contain pornography;
d) must not be offensive on racial, ethnic, sexual or any other grounds;
e) must not be defamatory, trade libelous, threatening or harassing;
f) must not be fraudulent or involve the sale of stolen items;
g) must not link directly or indirectly to or include descriptions of products and/or services that
i. are prohibited by applicable law and these Terms and Conditions of Use, or
ii. Concurrently listed for sale on a website other than the Exchange. In addition, a Member will not be allowed to post on Steelbazar Website or sell on the Exchange any product or service which, by paying Transaction Fee to Steelbazar could reasonably be expected to result in violation of any applicable law, statute, rule or regulation.
9. Transactions on the Exchange
All transactions of buying and selling steel products and/or services through or on the Exchange are governed by the Terms of use. Each Member shall be deemed to have agreed to abide by the Transaction Rules together with any amendments, revisions and supplements as Steelbazar may set out and/or prescribe from time to time.
10. Transaction Fees
Member (where such Member has initiated a Transaction in terms of the Transaction Rules) agrees to pay to Steelbazar the Transaction Fee on any transaction on the Exchange that becomes binding for Buyer and such Seller in accordance with the Transaction Rules whether or not such Transaction is consummated. This fee is calculated according to the Steelbazar Transaction Fee Schedule. Member's obligation to pay Steelbazar the Transaction Fee is in terms of the Transaction Rules and is due to Steelbazar within 30 days after receipt of Steelbazar invoice.
11. Circumvention of Steelbazar
Member agrees not to identify and engage in negotiations with counterparty on the Exchange and then agree on the terms of the same transaction off the Exchange or otherwise circumvent the payment to Steelbazar of the Transaction Fee contemplated in these Terms and Conditions. A Member who agrees on the terms of a transaction off the Exchange is still liable to pay Steelbazar the applicable Transaction Fee for such transaction. In addition, any Member who engages in circumvention is subject to having its membership in Steelbazar immediately and permanently revoked.
12. Terms and Conditions between Members
Upon registration of a Member, these Terms and Conditions of Use, as may be amended, modified or replaced from time to time, accessible through the Steelbazar Website and the Transaction Fee Schedule governs your use of Steelbazar Website and participation in the Exchange and constitutes a Member's "Membership Agreement".
13. Steelbazar not a Party
Although Members post their products and/or services to the Exchange, Steelbazar Website is merely a venue where Members may agree on the terms of transactions. Steelbazar is not and cannot be a party to or control in any manner any transaction between Members on the Exchange.
Steelbazar does not set or endorse the price, quality, safety, conformance or other contract terms of the transaction, the legality of the products and services offered or the ability of a Member to fulfill a contractual obligation. Steelbazar cannot and does not control the truth or accuracy of postings, the ability of Members as to the sale or purchase of products and/or services, or whether Members will complete the sale of products and/or services they offer. Steelbazar is not responsible with respect to payment or collection for orders made and bids placed on Steelbazar Website.
Steelbazar shall not be liable to Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of Steelbazar Website by Member.
14. Links to Third Party Sites
Steelbazar Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Steelbazar and Steelbazar is not responsible for the availability of such Linked Sites and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Steelbazar is not responsible for webcasting or any other form of transmission received from any Linked Site. Steelbazar is providing these links to member only as a convenience, and the inclusion of any link does not imply endorsement by Steelbazar of the site or any association with its operators.
15. Disclaimer
Steelbazar provides Steelbazar Web Site and the Exchange on an "as is" and "as available" basis and without warranty or condition, express or implied. Member agrees that use of Steelbazar Web Site and Exchange is at Member's sole risk. Steelbazar expressly disclaims all warranties of any kind, including, but not limited to,
(i) the implied warranties of merchantability,
(ii) fitness for a particular purpose and non-infringement,
(iii) that service will be continuous, uninterrupted and/or error-free,
(iv) As to the quality, identity or reliability of any Buyer or Seller and whether you should do business with such Buyer or Seller, and
(v) As to the accuracy of postings made on the Steelbazar Website by or on behalf of Seller or Buyer.
Members agree to comply fully with all applicable laws, rules and regulations. Specifically, Members agree that Steelbazar Website and the Exchange are not to be utilized to facilitate collusion or other conduct in violation of Antitrust Laws.
16. Indemnification
Without limiting the generality or effect of other provisions of these Terms and Conditions of Use, as a condition of membership, each Member agrees to indemnify, hold harmless, and defend Steelbazar and each of its affiliates including their respective officers, directors, sub-contractors, agents, employees, successors and assigns against any and all claims, losses, liabilities and damages including without limitation to attorney fees, incurred or allegedly incurred by Steelbazar arising out of, based upon or resulting from such Member's breach of these Terms and Conditions of Use.
17. Intellectual Property Matters
Members acknowledge and agree that all data developed and/or collected by Steelbazar in connection with the operation of Steelbazar Website and the Exchange shall be exclusive property of Steelbazar.
All third party content published and/or posted on Steelbazar Website is the property of the respective copyright owners and may not be copied or distributed in any way by Members for commercial purposes.
However, Steelbazar does not claim ownership of the information/materials that Members provide to Steelbazar (including feedback and suggestions) or post, input or submit to any Steelbazar Website or its associated services (collectively "Submissions"). However, by posting, inputting, providing or submitting Submissions Member grants Steelbazar and its affiliated companies, a non-exclusive, worldwide, perpetual, irrevocable royalty free right to use the Submissions in connection with the operation of their internet businesses.
Steelbazar use of Member's confidential information set forth on the Exchange will be in accordance with the then current Steelbazar Privacy Policy, the terms and provisions of which are herein incorporated by reference.
18. Governing Law
These Terms and Conditions of Use and the terms and conditions contained in other Sites and the relationship between Members and Steelbazar shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws. Member and Steelbazar agree that any dispute or claim arising out of or relating to these Terms and Conditions of Use and the relationship between Members and Steelbazar shall be submitted to the exclusive jurisdiction of the courts located at New Delhi, India.
19. Termination
Either Steelbazar or Member may terminate the Membership at any time by serving a notice in writing or through e-mail on the other party.
Upon termination of the Membership, Member shall immediately
(a) pay and settle all outstanding debts and dues in full to Steelbazar including without limitation the Transaction Fees and Membership Renewal Fees within 30 days from the date of termination,
(b) honor and complete all outstanding transactions and effect the sale and/or purchase of products and/or services made on or through the Exchange before the termination of the Membership,
(c) Return to Steelbazar all items as Steelbazar has provided to the Member during the period of Membership.
Incase the outstanding amounts are not received; Steelbazar reserves the right to adjust the same from the refundable security deposit of the member lying with Steelbazar.
20. Modification of these Terms and Conditions of Use
Not withstanding anything contained any where on this Site, Steelbazar in its sole discretion reserves the right, at any time, to add or delete or modify some or all of these Terms and Conditions of Use, including but not limited to Membership fees/charges. The amended Terms and Conditions of Use will be posted on Steelbazar Website and the effective date of any such amendment will be the date on which the amended Terms and Conditions of Use is so posted. In addition, Steelbazar will e-mail all Members a notice of the amended Terms and Conditions of Use and the amended Terms and Conditions of Use shall then constitute a Member's Membership Agreement.