IndiaMART Terms and Conditions of Use
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
following demonstrates terms and conditions of use (here-in-after referred
to as an "Agreement"), applicable to your use of IndiaMART.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 IndiaMART
InterMESH Ltd. (hereinafter referred to as "IIL").
Before you subscribe to and/or begin participating in or using web site,
IIL believes that user(s) have fully read, understood and accept the
If you do not agree to or wish to be bound by agreement , you may not
access or otherwise use the web site.
I. WEBSITE- MERELY
Web site acts as a mere venue/platform for our members to
negotiate/interact for buying, selling and other business services by way
of locating companies to trade with, through our on-line exchange.
We do not take part in the actual transaction that takes place between
the buyers and sellers and hence are not a party to any contract for sale
negotiated between buyers and sellers. All transactions will be the
responsibility of the members only. This agreement shall not be deemed to
create any partnership, joint venture, or other joint business
relationship between IIL and other party.
II. 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 IIL. Our services are available only to those
individuals or companies who can form legally binding contracts under the
applicable law. Therefore, user(s) must not be a minor as per Indian Law,
i. e. user(s) must be at least 18 years of age to be eligible to use our
IIL advises its users that while accessing the web site, they must
follow/abide by the related laws.
IIL is not responsible for the possible
consequences caused by your behaviour during use of web site. IIL may, in
its sole discretion, refuse the service to anyone at any time. The service
is not available to temporarily or indefinitely suspended members of web
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered -
free or paid user(s) who access the web site for any purpose.
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 IIL 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 applicable to such specific
services shall prevail.
IV. AMENDMENT TO USER(S)
IIL 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
V. INTELLECTUAL PROPERTY
IIL 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 IndiaMART.com,
its affiliates or licensor's of IndiaMART.com content, as the case may be.
All rights, not otherwise claimed under this agreement or by
IndiaMART.com, 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. IIL 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 IIL 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.
The information presented here has been compiled from publicly aired and
published sources. IIL respects these sources and is in no way trying to
infringe on the respective copyrights or businesses of these entities. IIL
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.
VI. LINKS TO THIRD PARTY
"IndiaMART", "IndiaPROFILE", "IndiaLIST",
"IndiaHOME", "IndiaSERVER", "IndiaMART.COM",
and related icons and logos are registered trademarks or trademarks or
service marks of IIL in various jurisdictions and are protected under
applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks
is strictly prohibited.
All content on this web site is the copyright of IIL except the third
party content and link to third party web site on our website.
IIL is not an expert in your intellectual property rights, and we
cannot verify that the users of our online marketplace - who post
literally tens of thousands of trade leads for items on the website
each day - have the right to sell the goods offered. We will
appreciate your assistance in identifying listings which may not
appear on their face to infringe your rights but which you believe are
infringing. IIL is also not an arbiter or judge of disputes about
intellectual property rights. By taking down a listing, as a
prudential matter, IIL is not endorsing a claim of infringement.
Neither, in those instances in which IIL declines to take down a
listing, is IIL determining that the listing is not infringing, nor is
IIL endorsing the sale of goods in such cases.
IIL respects the intellectual property rights of others, and we
expect our user(s) to do the same. We 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 "IIL 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 IIL, or otherwise commercially exploiting the
IIL content. Systematic retrieval of IIL 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 IIL 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 IIL's services, you agree
that you will not use the web site service to infringe the
intellectual property rights of others in any way. IIL 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 IIL service, or if
IIL believes that user(s) conduct is harmful to the interests of IIL,
its affiliates, or other users, or for any other reason in IIL's sole
discretion, with or without cause.
URL's/Sub-Domain Names assigned by IIL to its users (which includes
both paid and free) is the exclusive property of IIL and it cannot be
assumed to be permanent in any case. IIL 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, IIL 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.
Links to third party sites are provided by web site as a convenience to
user(s) and IIL has not have any control over such sites i.e content and
resources provided by them.
IIL 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. IIL believes that user(s) acknowledge that IIL has no
control over such third party's site, does not monitor such sites, and IIL
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.
Most content and some of the features on the web site are made available
to visitors free of charge. However, IIL 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. IIL
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 IIL and/or other visitors to the web
site. IIL 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.
IIL withholds the right to temporary or permanent termination of
membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information
in connection with the member account to IIL, or are engaged in fraudulent
or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use
agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same
(d) Post any material to members that is not related to international
trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post
information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the web
site data base, network or related services.
(g) Obtain by any means web site member's user name and/or password.
If IIL terminates user(s) membership, user(s) will not have the right to
re-enroll or join IIL under a new account or name unless formally invited
to do so by IIL. 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.
VIII. 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.). IIL 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 IIL 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 IIL to share such
information with other user(s). IIL 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 IIL or general interest
of its visitors/other members without giving any reason thereof.
Registered User are not a part or affiliate of IIL in any way.
Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by IndiaMART InterMESH Limited ("IIL") through phone calls, SMS notifications or any other means of communication, in respect to the services provided by IIL.
IX. DATA PROTECTION
Personal information supplied by user(s) during the use of web site is
X. POSTING YOUR CONTENT ON
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.
IIL in such case is not the author. The content here is contributed by
anonymous, registered or paid user(s). Neither IIL 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. IIL 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, IIL 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:
(a) provide IIL with true, accurate, current and complete information to
be displayed on the web site and
(b) 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 IIL 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, warrants 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
User(s) hereby represent, warrant and agree that information submitted to
IIL 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
- Be defamatory, libelous, unlawfully threatening or unlawfully
- 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
- Solicit business from any User(s) in connection with a commercial
activity that competes with IIL;
- 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
- Link directly or indirectly to or include descriptions of goods or
services that are prohibited under the prevailing law; or
- Otherwise create any liability for IIL or its affiliates.
IIL 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 IIL to liability,
violates the terms and conditions and/or Agreement or is otherwise
found inappropriate in IIL'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. IIL do
not have any role in developing the content.
XI. INTERACTION BETWEEN USERS
IIL 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 and does not charge any
commission for enabling any transaction. 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. Web site uses several techniques (such as TrustSEAL) to verify
the accuracy and authenticity of the information our user(s) provide us.
However, since it is not possible in all cases and is not 100% fool-proof,
IIL cannot and does not confirm each user(s) purported identity
(including, without limitation, TrustSEAL Members). IIL 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
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
User(s) agree that IIL 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. In the event of a dispute with any party to a transaction,
user(s) agrees to release and indemnify IIL (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 IIL 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. 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.
IndiaMART reserves the right to add/modify/discontinue any of the features offered with a service.
XII. LIMITATION OF
The features and services on the web site are provided on an "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, quality, durability, performance,
accuracy, reliability, merchantability or fitness for a particular
purpose. All such warranties, representations, conditions, undertakings
and terms are hereby excluded. IIL makes no representations or warranties
about the validity, accuracy, correctness, reliability, quality,
stability, completeness of any information provided on or through the web
site. IIL does 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 IIL makes 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
is 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 an delay or
failure or disruption of the content 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 agree to indemnify and
save web site, its affiliates, 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, 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, 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.
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 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)
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; 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 however arising, including
All notices or demands to or upon web site shall be effective if in
writing and shall be duly made when sent to IIL in the following manner:
to IndiaMART InterMESH Limited, 8th Floor, Advant-Navis Business Park, Plot No-7, Sec-142, Noida, Uttar Pradesh, India.
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.
XIV. GOVERNING LAW AND
shall be governed in all respect by the laws of Indian Territory. IIL
considers itself and intended to be subject to the jurisdiction only of
the Courts of Noida, Uttar Pradesh, India. The parties to this Agreement
hereby submit to the exclusive jurisdiction of the courts of Noida,Uttar
- 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 IIL'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 IndiaMART 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 IndiaMART may be monitored and recorded.
The above mentioned terms and conditions of use and/or Agreement and
IIL with respect to access to and use of the web site, superseding any
prior written or oral agreements in relation to the same subject matter
Under Big Buyer banner, IndiaMART InterMESH Limited (“IndiaMART”) shall develop the MICROSITE for the USER(S) company on its website (i.e. www.indiamart.com), wherein IndiaMART shall display all the leads of the USER(S) company separately, which would help USER(S) in finding out the RIGHT suppliers in short period of time.
- USER(S) company hereby grant right to IndiaMART to use its Intellectual Property on its website in relation to the requirements posted by the USER(S) on Indiamart.com
- USER(S) company ensures that the contents provided to INDIAMART shall not contain any material which is offensive / derogatory / explicit / perverse to any specific race, gender or class of persons or degrading to public conscience or morals and do not breach any applicable law.
- INDIAMART makes no representations or warranties to USER(S) with respect to services provided by INDIAMART under Big Buyer banner.
- INDIAMART hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by INDIAMART under the Big Buyer banner.
- All intellectual property rights in the logos, brands and trademarks of USER (S) Company used in relation to the above mentioned service shall vest with the USER(S) Company only.
- (A) In no event shall IndiaMART be liable to USER(S) Company for any special, exemplary, indirect, incidental, consequential, punitive or for any damages arising out of or in connection with respect to the above mentioned service.
XVII. Pharmaceutical Product/Service Policies
Indiamart.com is a platform that does not facilitates the purchase of pharmaceutical products, in fact, it only advertise and/or showcase the pharmaceutical products posted by the Suppliers listed on the website – www.indiamart.com
. The Buyers and Suppliers assure IndiaMART and hereby agree to abide by and be compliant of all the related laws, rules, regulations, notifications or orders issued by the Government of India or any of its Agencies from time to time.
IndiaMART shall not be responsible for any information/content related to the Medicine(s) and/or Drugs, posted/provided/displayed by the listed Suppliers on our website – www.indiamart.com
, as we are only a medium of advertisement for the Buyers and Suppliers.
Suppliers of the Medicines and/or Drugs hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescriptive Medicines and/or Drugs mentioned in the Schedules of the Drugs and Cosmetics Act, 1940, without the Certified Practitioner’s Prescription. In the event of breach of such condition, IndiaMART shall not be liable and responsible in any manner whatsoever, as IndiaMART does not take part in the actual transaction that takes place between the Buyers and Suppliers.
User(s) of the website – www.indiamart.com
undertake and agree to INDEMNIFY and hold harmless IndiaMART or any of its affiliates, directors, officers, employees or representatives from and against any/all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which IndiaMART may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
In compliance with Drug and Cosmetic Act and Rules, we don't display or list the Medicines and/or Drugs mentioned in the Schedule X of the Drugs and Cosmetics Act, 1940.
IndiaMART does not offer any guarantees or warranties on the medicinal products or services displayed or listed on our website – www.indiamart.com
and is not liable for any transaction between the Buyers & Suppliers as such, including the sale of any medicine(s) restricted and/or banned for sale by the Governmental or any other Regulatory Authorities.