Terms
Of Service ...
By using Eximkey.com's Online Service you agree and accept the following Terms of Service without any reservations.
Summary of Terms of Service:
A. You agree to provide true and correct information about yourself in the Eximkey.com's Online Service registration form.
B. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another party.
C. You agree not to use the Service for the transmission of "junk mail".
D. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Eximkey.com's Online Service (the "Service"), owned by Eximkey.com , is provided to you ("the User") under the terms and conditions of this Eximkey.com's Online Service Terms of Service.
1. USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by the User is untrue, inaccurate, not current or incomplete, Eximkey.com has the right to terminate the User's account and refuse any and all current or future use of the Service.
2. MODIFICATIONS TO TERMS OF SERVICE
Eximkey.com reserves the right to change the Terms of Service Agreement. The User will be notified of any such changes by a startup screen describing the changes.
3. MODIFICATIONS TO SERVICE
Eximkey.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that Eximkey.com shall not be liable to the User or any third party for any modifications or discontinuance of the
Service.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
The User will receive a password and account designation upon completing the registration process. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under the User's password or account. The User agrees to immediately notify the Service of any unauthorized use of the User's password or account or any other breach of security.
5. MEMBER CONDUCT
The User agrees to abide by all applicable local, state, national or international laws, rules and regulations in the User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. The User agrees to be solely responsible for the contents of the User's transmissions through the Service.
The User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service.
The User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. The User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. The User agrees not to transmit any material that violates any applicable local, state, national, or international laws, rules or regulations. The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, the User agrees not to transmit "junk mail",
"spam", "chain letters", or unsolicited mass distribution of email.
6.TERMINATION
The
User agrees that Eximkey.com may terminate the User's password,
account or use of the Service if Eximkey.com believes (a) that the
User has violated or acted inconsistently with the letter or spirit
of the Terms of Service Agreement, or (b) that the User has violated
the rights of Eximkey.com.
The
User acknowledges and agrees that any termination of Service under
this Agreement under any provision of this Agreement may be effected
without prior notice and acknowledgement.
Either
Eximkey.com or the Member may terminate this Agreement at any time
by giving a notice or sending an e-mail to the other party.
Upon
termination of the Agreement, the Member shall:
Honour and complete all outstanding transactions and effect the sale
/ purchase of Product or
Service made on or through Eximkey.com.
Pay
and settle all outstanding debts and dues in full to Eximkey.com
including , without limitation , the Transaction Fees, within 30 days from the date of
Termination.
7. DEALINGS
WITH ADVERTISERS
The User's correspondence with or participation in promotions of
Advertisers found on the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between the User and such Advertisers. The User agrees not to
hold Eximkey.com liable for any loss or damage of any sort incurred
as the result of any such dealings or as a result of the presence
of such Advertisers on the Service.
8. LINKS
The Service may provide, or the
Users may include in mail, links to other Web sites or
resources. The User acknowledges and agrees that Eximkey.com is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. The User agrees that
Eximkey.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with the use of or reliance on any such content,
goods or services available on such external sites or resources.
9
EXIMKEY.COM'S PROPRIETARY RIGHTS
The User acknowledges and agrees that content, including but not
limited to text, software, music, sound, photographs, graphics,
video, or other material contained in sponsor advertisements or
information presented to the User through the Service or Advertisers
is protected by copyrights, trademarks, service marks, patents, or
other proprietary rights and laws. The User acknowledges and agrees
that the User is permitted to use this material and information only
as expressly authorized by Eximkey.com or Advertisers, and shall not
copy, reproduce, transmit, distribute, or create derivative works of
such content or information without express authorization.
10.
INTELLECTUAL PROPERTY RIGHTS
All Users confirm and accept that all data / software developed or
collected by Eximkey.com in connection with the operation of the
website is the exclusive property of Eximkey.com
All
third party content published and / or posted on Eximkey.com is the
property of the respective copyright
owners and may not be copied or published or distributed in any way
by any of the Users for Commercial purposes.
Any
information provided by the Users during Registration, Posting an
Offer to sell / Buy a Product or Service, Acceptance of Offer, is
the sole responsibility of the User. All Users grant to Eximkey.com
a non-exclusive, worldwide, perpetual, irrevocable, royalty - free
right to use the information in connection with the operation of the
Internet Business. However, Eximkey.com may take action with respect
to such information and the Users as deemed necessary or appropriate
in the sole discretion of Eximkey.com, if Eximkey.com believes it
may create liability for Eximkey.com OR for other Users of
Eximkey.com or make or lose (in whole or part) the services of
ISP's of Eximkey.com or
other suppliers.
11.USE OF Eximkey.com
Eximkey.com
acts only as a Marketplace to provide the Users and the Providers a
platform for placing their offers and inquiries and for on-line
negotiation. Eximkey.com have
no control over the quality, legality of the offers provided
or the inquiries sought; the truth or the
accuracy of the listings or the ability of those who have
placed their inquiries or offers to complete the transactions and
therefore shall not be in any way liable.
12.LIABILITY
Eximkey.com
shall not be liable to any User or any third party for any direct,
indirect, incidental, special, punitive or consequential loss of
Profit, loss of earnings, loss of business opportunities, damages,
expenses or costs resulting directly or indirectly from or otherwise
arising (including inadvertence
or negligence) in connection with the usage of Eximkey.com
website.
13.TRANSACTION RULES
All
transactions of buying and selling of products / services are
governed by the Transaction Rules set out in each Transactional
Module. Each User shall be deemed to have agreed to the
Transactional Rules together with any modifications, revisions or
supplements as Eximkey.com may decide from time to time.
14.TRANSACTION FEES
Any
User (who has initiated a transaction as per the Transaction Rules)
agrees to pay to Eximkey.com the transaction Fees for any
transaction on Eximkey.com whether or not the said transaction is
physically consummated. The fees is calculated according to the
Eximkey.com Transaction Rules governing each of the Transactional
Modules. This amount would form a part of the
Monthly Bill sent to the User who would be obliged to settle
the same by the 10th day of the
following month failing which interest on monthly compounded
basis at 18% per annum shall be charged.
15.PLACING AN OFFER TO BUY
A
User can put an offer to Buy a Product or Service by filling the
appropriate Form(s) on Eximkey.com . In doing so, the Buyer User is
obliged to complete the transaction by physically purchasing the
product / using the Service in question from the Seller User who has
accepted the Buyer's offer / whose offer has been accepted by the
Buyer. Further, both the Users are obliged to honour all terms and
conditions including , but not restricted to price, accepted by
negotiation or otherwise, against the said transaction.
16.PLACING AN OFFER TO SELL
An
offer to sell a product / service can be placed by any User either
directly or after viewing the offers to buy as displayed on
Eximkey.com depending on the individual Transactional Module.
In
doing so, the Seller User is obliged to complete the transaction by
physically tendering the product / service in question to the Buyer User
who has accepted the Seller's offer / whose offer has been
accepted by the Seller.
Further,
both the Users are obliged to honour all terms and conditions
including but not restricted to price, accepted by negotiation or
otherwise, against the said transaction.
17.PROCESS MANIPULATION
No
User shall place bogus
offers in any way that distract from legitimate offers or entice the
Product / service provider / User in committing any favors to the User
Process
manipulation is strictly forbidden.
Eximkey.com
reserves the right to keep a track of all successful and
unsuccessful transactions and enquiries / offers and may display the same to any product /
service provider as deemed fit by Eximkey.com according to
it's own discretion.
18.BREACH OF AGREEMENT
Eximkey.com
may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate the membership, current offers or transactions,
and any other information the User places on the site on breach of this
Agreement or if Service is unable to verify or authenticate any
information provided by User.
19.JURISDICTION
The
Terms and Conditions set above and the relationship between the User
and Eximkey.com shall be governed by the laws of India without
regard to the conflict of laws. The User and
Eximkey.com agree that any dispute or claim arising out of or
relating to these Terms and
Conditions shall be submitted to the exclusive jurisdiction
of the courts located in Mumbai, India.
20.INDEMNITY
The User shall always keep the Eximkey.com indemnified against any
violation of the aforesaid terms and conditions by the User or by
anyone on behalf of the User.
21.WAIVER
Overlooking
the breach by the User of any terms and conditions above mentioned
or lack or delay in follow up action on the part of Eximkey.com
shall not be treated or construed as waiver by Eximkey.com of such
breaches.
By using
eximkey.com you unconditionally agree to each of the
Terms and Conditions set forth herein. We request you to kindly keep
a copy of the signed Terms
and Conditions for your records.
|
