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www.onlinetradeprofit.com
(hereinafter referred to as the "Website") and owns, has the license to use or otherwise has the right to use, free of any pending or threatened liens, all content, graphics, HTML and ASP or other scripts displayed and used on the Website.
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THE USE OF THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE.
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ONLINETRADEPROFIT has launched and established an online trading service on the Website (hereinafter referred to as the "Service"). ONLINETRADEPROFIT has exclusive and sole discretion to select the Customers who would be entitled to use access and benefit out of the Service.
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ONLINETRADEPROFIT also reserves the absolute right and discretion to decide on the criteria for selecting the Customers to participate in the Service offered hereunder.
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The offering of the Service is subject to the requisite permissions, approvals, licenses and any other clearance from the appropriate regulatory authority viz., Commodities and Exchange, and any other relevant authority that may be the regulatory authority of the Service. The Service offered by ONLINETRADEPROFIT envisages a Customer registering as a client.
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This Service on the Website does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. This Service is not intended to be any form of an investment advertisement, investment advice or investment information and has not been registered under any Commodities law of any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to provide such information, otherwise the same shall not be considered an information. The distribution of this Service or content in other jurisdictions may be restricted by law and the persons who access the Service should inform themselves about, and observe any such restrictions. By accessing and surfing this Website, the Customer agrees to be bound by the foregoing limitations.
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No information, market analysis, research report, etc. on the Website is to be construed as a representation with respect to shares, Commodities or other investment regarding the legality of an investment therein under the respective applicable investment or similar laws or regulations of any person or entity accessing the Website.
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This Service is provided on an "As Is" basis. ONLINETRADEPROFIT, disclaim any warranty of any kind, imputed by the laws of any jurisdiction, whether express or implied, as to any matter whatsoever relating to the Service, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non infringement. ONLINETRADEPROFIT and the Service and the Offer are subject to the jurisdiction only of the courts of the Republic of India at Ahmedabad (Gujarat State).
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Use of the Service is at any persons; including Customers, own risk. The data and information provided on the Website is not advice, professional or otherwise, and should not be relied upon as such. Neither the information, nor any opinion contained in this Website constitutes a solicitation or offer by ONLINETRADEPROFIT to buy or sell any Commodities, futures, options or other financial instruments or provide any investment advice or service. ONLINETRADEPROFIT or their employees have or may have an outstanding buy or sell position or holding in the Commodities, options on Commodities or other related investments of issuers and companies mentioned herein. The investments discussed or recommended in the market analysis, research reports, etc. may not be suitable for all investors. Investors must make their own investment decisions based on their specific investment objectives and financial position and using such independent advisors as they believe necessary. Information herein is believed to be reliable but onlinetradeprofit does not warrant its completeness or accuracy. The content of the articles and the interpretation of data are solely the personal views of the contributors and do not in any way reflect the views of ONLINETRADEPROFIT Users are advised to peruse the articles and other data in the Website only as information and to rely on their own judgment when making investment decisions.
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Neither ONLINETRADEPROFIT nor its Affiliates shall be precluded from making any contract or entering into any arrangement or transaction with the companies mentioned herein or with itself in the ordinary course of business or from undertaking any banking, financial or agency services for the companies or for itself or from underwriting or guaranteeing the subscription of or placing or subscribing for or otherwise acquiring, holding or dealing with any of the stocks or shares or debentures or debenture stocks or any other Commodities whatsoever of the companies or in which the companies may be interested, either with or without a commission, or other remuneration or otherwise, at any time entering into any contract of loan or deposit or any other contract or arrangement or transaction with the companies or being concerned or interested in any such contract or arrangement or transaction which any other company or person would be entitled to enter into with the companies and they shall not be in anyway liable to account either to the companies or any person visiting or accessing the Website including a Customer of the Service for any profits made by them thereby or in connection therewith and the ONLINETRADEPROFIT. Or its owner or Affiliate shall also be allowed to retain for their or his own benefit any customary share of brokerage, fee, commission, interest, discount or other compensation or remuneration allowed to them.
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ONLINETRADEPROFIT along with its directors, employees, associates or other representatives and its Affiliates along with its directors, employees, associates or other representatives shall not be liable for damages or injury arising out of or in connection with the use of the Website or its non-use including non-availability, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business; under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website, site-related services, or any products or services and claims of third parties damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer vi r us, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from or relating to any of the services offered or displayed by OnlineTradeProfit on the Website.
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ONLINETRADEPROFIT makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content on the Website. ONLINETRADEPROFIT shall not be responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The links being provided to the Customer are only for convenience, and the inclusion of any link does not imply endorsement by ONLINETRADEPROFIT of the site, or its content or the sponsoring organization. By providing access to other websites, ONLINETRADEPROFIT is not recommending the purchase or sale of the Commodities issued by it nor is it an endorsement of services provided by its sponsoring organization.
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The maximum liability of ONLINETRADEPROFIT to its clients shall be subject to the amount of fees paid by the clients for the services that he/she may have availed of through the Website or in pursuance of the Offer or the Service.
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ONLINETRADEPROFIT shall not be liable for any misrepresentation, falsification, and deception or for any lack of availability of services through the Website, even if the same are advertised for on the Website.
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No judgment or warranty or representation is made with respect to the accuracy, timeliness, or suitability of the content of other services or sites to which these screens link, and ONLINETRADEPROFIT shall not be responsible there for.
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ONLINETRADEPROFIT shall not be liable if the Customer downloads any information or software from this Website. ONLINETRADEPROFIT shall not be liable if the Customer makes a copy, modifies, uploads, downloads, transmits, (re) publishes it or removes or obscures any intellectual property, including trademarks, copyright or other notices or legends contained in any such information or otherwise distributes any service or content from this Website. ONLINETRADEPROFIT shall not bear the responsibility if the Customer modifies or uses the content or services he/she gets from this Website for any purpose other than those permitted, and in doing so violates the intellectual property including trademarks, copyright and other proprietary rights of ONLINETRADEPROFIT
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The Website contains features of the services that are currently being offered by the ONLINETRADEPROFIT and those intended to be offered in the future. OnlineTradeProfit intends to launch the services confirming with the features listed on the Website in to, however due to business need and regulatory requirement the final launch may contain variations. Not withstanding anything contained in the Website regarding the services, ONLINETRADEPROFIT may decide to postpone the offering of the services or may even decide to withdraw the offering or even a currently offered service altogether.
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This disclaimer shall be applicable to any person visiting/accessing the Website and/or a Customer entering into an agreement related to availing of the Service offered by ONLINETRADEPROFIT.
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The display, description or references to any products, services, publications or links on the Website shall not constitute an endorsement by ONLINETRADEPROFIT of such products, services, or links.
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Our Commitment to Privacy:
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Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
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The Information We Collect:
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This notice applies to all information collected or submitted on our site. On some pages, you can order products, submit your information for listing, show interest to get more information, and get register for more benefits. The types of personal information collected at these pages are: Name, Address, Phone, business description etc...
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The Way We Use Information:
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We do not share this information with outside parties except to the extent necessary to complete that particular order or requirement.
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We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website etc, but we would not disclose anything that could be used to identify those individuals.
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Our Commitment to Data Security:
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To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
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How You Can Access Or Correct Your Information:
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You can correct fatal errors in your personally identifiable information by sending us a request that credibly shows error.
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To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
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How to Contact Us:
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Should you have other questions or concerns about these privacy policies, please send us an email.
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User Agreement
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Defined Terms
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Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:
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"Registration" shall mean and include the User completed application form, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Onlinetradeprofit may in its absolute discretion add to the Site from time to time. It shall deem to have been executed at Ahmedabad(Gujarat)INDIA.
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"Company" means OnlineTradeProfit, a Company Registered with TRADEMARK and having its registered office at 7/84 Pooja Apparatment,Gate No:2,Near Himmatlal Park Bus Stand Azad Soceity Road,Ambawadi,Ahmedabad-380015, along with its unit for the Company's website called onlinetradeprofit.com and where the context so requires, means and includes all Id's associates and affiliate entities.
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"Credit Report" is a paid service provided to a User to obtain information about another company or legal entity, including detailed analytical information about profitability, past and present trading analysis and ownership essentially with a view to analyze their credit rating and stability.
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"Date of Commencement" is the date indicating the acceptance of the application by the User to the Service. It shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
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"Date of Termination" is the date when the User's subscription comes to an end and/or the date mentioned in a letter of termination issued by the Company.
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"On-line Catalogue" is a platform wherein a User can showcase its/his products or services on-line by posting on the Site the photographs and ordering information of such product and/or service.
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"Party" or "Partie(s)" means the User and/or the Company in reference to the context.
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"Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.
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"Services" means the Services provided by the Company to the User of the Site and includes the following facilities:
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Services to the User wishing to post his contact details in the Jewellers and Assocations Member Detail/or other such directory services published in print or in other media by the Company;
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Services to the User who wishes to advertise and gain exposure for their business through On-line Catalogs, Website Hosting, Trade Leads, Trade Lead Ratings and/or Banners through www.onlinetradeprofit.com
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Services to the User who wishes to insert advertisements at OnlineTradeProfit.com;
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Services to the User who wishes to credit and financial information to entrepreneurs and/or obtains a credibility or trustworthiness of a User Company including through a Credit Report or a Trust Stamp;
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Services to the User who wishes to obtain ready to use global tender information of all major global and Indian tenders;
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Such other or further services that may be provided by the Company and/or OnlineTradeProfit.com from time to time.
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"Site" means onlinetradeprofit.com and includes any link which opens with the site.
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"Tenders" is a service provided by the Company whereby the User can access a database that contains the latest information on tenders floated by government and private organizations all over the globe.
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"Trade Leads" is a service provided to a User wherein a User posts information about a particular product and/or service that he wishes to procure or sell on the Site.
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"Technical Analysis" is a subscription facility for individual client(s), using which listed does not play any role in the production/ quality-analysis of these commodities.
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"User" is defined as an individual or corporate member/subscriber of the Site who makes use of 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; Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site. Each User is given a unique User ID by the Site.
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Agreement between User and Company
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The Site is operated by OnlineTradeProfit and its affiliates/ associates. The Services are offered to the User conditioned on the acceptance without modification of the terms, conditions, and notices contained herein. Use of the Siteby a User constitutes agreement to all such terms, conditions, and notices. If the User does not agree with any part of the following terms, conditions and notices, it/they must not use the Services.
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These terms and conditions constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Company.
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Modification of these Terms of Use
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The Company reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the User of the Services. The User is responsible for regularly reviewing these terms and conditions. Company has endeavored to ensure that all the information on the Company is correct, but Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information contained on the Site.
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User Amendments
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The User is advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.
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Membership Eligibility
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The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.
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Electronic Communications
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The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications is in writing.
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Platform for Communication
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The Site is also a venue where Users may interact with one another for their transactions. Company is not and cannot be a Party to or control in any manner any transaction between two Users of the Site. Consequently:
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Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
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Company does not make any representation or Warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
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Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site
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The Site is also a channel of communication whereby the Users can reach a large base of persons in the global exim market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User.
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The User independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users or third parties that it may interact with on the Site.
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Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other Users which is made available on the Site. The User may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.
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Breach
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Without limiting other remedies, Company may limit the Users' activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the Users membership, and/or refuse to provide the User with access to the Site:
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If the User is in breach of the User Agreement or the documents it incorporates by reference;
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If Company is unable to verify or authenticate any information the User provides; or
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If it is believed that the User actions may cause legal liability for the User, other Users or the Company.
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If a User puts any material into the Sitesystems which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.
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Company may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if the User breaches the Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and to take strict legal action including but not limited to an initiating criminal proceedings against the User in this regard.
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Privacy
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The Company does not sell or rent the Users personal information to third parties for their marketing purposes without the Users explicit consent. The Company stores and processes User information on computers that are protected by physical as well as technological security devices. If the User objects to any of this please do not use the Site.
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No Warranty
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The Company provides the Site and Services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Site is at its sole risk.
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Confidentiality
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All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not release any such data and information to any third party without the prior consent of the User.
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The User has access to only his own data and information stored in the database at the Company (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
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All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party and misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the Company accepts no responsibility or liability whatsoever for such actions.
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Ownership of Intellectual Property
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All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Companyshall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
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16. Waiver and Severability
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The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall endeavour to give effect to the Parties' intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
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Limitation of Liability
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In no event shall the Company be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) arising out of or in connection with the Site, its Services or this Agreement (however arising, including negligence).
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Company's liability in any and all circumstances shall be limited to the lesser of the amount of fees and/or charges paid by the User or Rs. 1,000/- (Indian Rupees one Thousand).
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The Company, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:
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The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or Any interruption or errors in the operation of the Site.
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Indemnity
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The User hereby agrees to indemnify and hold the Company its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the User's breach or violation of this Agreement or the documents it incorporates by reference, or violation of any law or of the rights of a third party and/or any dispute(s), claim(s), litigation or other civil or criminal proceeding between a User and another User/third party transacting on this Site or using the Services.
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Notices
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Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail Attn: Patners, OnlineTradeProfit, 71475,Kokadiyanipole,Sarangpur,Ahmedabad-380001 (in the case of the Company) or to the email address the User provide during the registration process (in case of the User). Notice shall be deemed given 24 hours after email is sent, unless the sending Party is notified that the email address is invalid. Alternatively, the Company may give the User notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 (three) days after the date of mailing.
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Third Party Content, Sites and Services
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The Site and Content available through the Service may contain features and functionalities that may link or provide the User with access to third party content which is completely independent of the Site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
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User's interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such organizations and/or individuals. The User should make whatever investigation necessary or appropriate before proceeding with any online transaction with any of these third parties.
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The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third party, the User understands and agrees that the Company is under no obligation to become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases the Company, its Directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service(s).
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Relationship of the Parties
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It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.
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Prohibition against Unlawful Use
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As a condition of use of the Service and the Site, the User warrants that it/they will not use the Site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The User shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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Termination of Service
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The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove and discard any content within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
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Liabilities upon Termination
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It the Agreement is terminated pursuant to Clause 23 set forth above, without prejudice to any other remedies available to the Company, the User shall be liable for payment of any balance fees or charges payable until the Date of Termination.
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The amounts due and payable to the Company by the User upon termination shall be payable within 30 (thirty) days of the Date of Termination.
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Suspension
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If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it, suspend the Service provided to the User.
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When the Service subscribed for is suspended without remedy for more than 30 (thirty) days, the Company shall have the option to terminate the membership of the User and the consequences set forth in Clause 24 shall follow.
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Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
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Governing Law and Jurisdiction
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This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
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The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Ahmedabad-(Gujarat), India.
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