- Welcome to https://www.dutyexchange.com/(hereinafter be referred to as “Website”), an online market place to buy/sell Duty License; provided by Tradenomix (hereinafter the “Company”), a Private Company incorporated under the Companies Act 1956 (including without limitation any amendments/subsequent legislations), having its registered office at: ___________________________________________where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
- The term “You” or “User” shall mean any natural or legal person or entity including accessing or using the services provided on this Website.
- The term “We”, “Us”, “Our” shall mean https://www.dutyexchange.com/.
- The terms “Party”& “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
Term and Termination
This Agreement shall continue to be in full force and effect as long as you access and use the Website. Either You or We may terminate the agreement at any time, with or without cause. However, We reserves the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.
In order to make a sell/purchase however You may be asked to register by providing certain basic personal information which shall include but not be limited to the User’s Name, Company Name, Address, Contact Number, Email Id, etc.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
Mode of Payment
Net banking /Direct Debit payments from select banks in India. A list of banks is available at the time of ‘checkout’. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
You understand and agree that generally, we will not refund any payment once you accept offer and we provide our service to you. In certain instances, refunds may only be issued purely at the Company’s exclusive discretion and determination. Also, in case the seller does not agree to sell the scrips even after the confirmation, the refund will be credited in the bank account.
Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws
- Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website)
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
- Post any file that infringes the copyright, patent or trademark of other legal entities
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Violate any applicable laws or regulations for the time being in force within or outside India
- Do any act that threatens the unity, integrity, defence, 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
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
- Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers
Suspension of User Access and Activity
Notwithstanding other legal remedies that may be available to Us, We may in our sole discretion limit User access and/ or activity to any User and/or refuse to provide User with access to the Website, temporarily or permanently
- If the User is in breach any of the terms and conditions of this Agreement;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If Your actions may cause any harm, damage or loss to the other Users or to Us.
Indemnity And Limitations
You agree to defend, indemnify and hold harmless Us, our employees, directors, officers, agents and their successors and assigns against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall we be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.