Terms & Conditions
Terms and
Condition
Please read the terms and conditions before using www.tradengine.com.np
Tradengine.com.np hereby referred as “TradEngine”, “Tradengine”
“we”, “us”, “company” is a market place that promotes business conducted
between seller (also called as supplier, vendor) and buyers (also called
customer). The terms “You” “Your” or “User(s)”, refers to the person who
accesses or uses the website for any purpose.
By using the site you will adhere and comply with terms and conditions. If you
go through the site, it signifies you will accept all the terms and agree that
you have fully read and understood. The site is owned and operated by Trade
Engine Pvt. Ltd. (Vat No.: 609749436).
If you do not agree to the Agreement, you may not access or otherwise use the
Web Site in any manner.
A)
TradEngine website is merely a market platform
It is a website that connects buyer and
sellers to enter into the negotiation for purchase and sell of goods and
services. We do not negotiate on behalf of either seller or buyer. We are not
responsible for the price, quality, feature, product, service, genuineness,
lawfulness, availability and negotiation that go between buyers and sellers.
B)
Our services
I)
Leading supplier: It gives priority listing in
the category and increases visibility in the respective category of products.
It also benefits sellers with increased leads and enquiries
II)
Star supplier:
It gives priority listing (after/second to leading supplier) in the
category and increases visibility in the respective category of products. It
also benefits sellers with increased leads and enquiries
III)
Trust certificate: It is certificate provided
to sellers after complying all the company terms and condition and
verifications on several business related documents. Company reserves the right whether to provide
the certificate or not.
IV)
Verified Seller: Sellers are called verified
seller, when the verification of some documents are done (Eg. Vat registration,
email, phone etc.)
V)
Page or subdomain: It is designed and
published in company website where sellers can edit, add, and delete texts,
image, and video as per the requirement.
C)
Privacy Policy
The personal information and data provided to
us by you or your use of the Site will be treated as strictly confidential, in
accordance with the Privacy Agreement and applicable laws and regulations. If
you object to your information being transferred or used in the manner
specified in the Privacy Agreement, please do not use the Site.
D)
Intellectual property rights
The contents published in website are in the
sole ownership of Trade Engine Pvt. Ltd. The contents mean design, layout,
text, images, graphics, sound, video etc. posted in website or related pages
and other forms of social media/platform.
For any content and or link uploaded to the
Website by the User from other social platforms, the User should agree to abide
and accepts the terms and conditions.
The contents in website is copyrighted to
Trade Engine Pvt. Ltd. excluding any third-party content and any links to any
third-party websites being made available or contained on the Web Site. User(s)
may not use any trademark, service mark or logo of any independent third
parties without prior written approval from such parties.
URL’s/ Pages/Sub-domain names assigned by company
to User(s) (including both paid and free User(s)) are the exclusive property of
company and it cannot be assumed to be permanent in any case. Company reserves
the right, without prior notice, at any point of time, to suspend or terminate
or restrict access to or edit any URL's/Sub-domain names. In all such cases,
the company 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 on Web
Site as a convenience to User(s). User(s) acknowledge and agree that the
company does not have any control over the content of such websites and/ or any
information, resources or materials provided therein.
E)
Termination
The content and some features on the Web Site
are made available to User(s) free of charge. However, the company reserves the
right to terminate access to certain areas or features of the Web Site (to
paying or registered User(s)) at any time without assigning any reason and with
or without notice to such User(s).
The company reserves the right to terminate
the membership/subscription of any User(s) temporarily or permanently for any
of the following reasons:
i)
If any false information in connection with
their account registered with us is provided by such User(s), or if such
User(s) are engaged in fraudulent or illegal activities/transactions.
ii)
If such User(s) breaches any provisions of the
Agreement.
iii)
If such User(s) utilizes the Web Site to send
spam messages or repeatedly publish the same product information.
iv)
If such User (s) posts any material that is
not related to trade or business cooperation.
v)
If such
User(s) impersonates or unlawfully uses another person’s or business entity’s
name to post information or conduct business in any manner.
vi)
If such User(s) is involved in unauthorized
access, use, modification, or control of the Web Site database, network or
related services.
vii)
If such
User(s) obtains by any means another registered User(s) Username and/or
Password.
viii)
Or any other User(s) activity that may not be
in accordance with the ethics and honest business practices.
If the company terminates the membership of
any registered User(s) including those User(s) who have subscribed for the paid
services with us, such person will not have the right to re-enroll or join the
Web Site under a new account or name unless invited to do so in writing by the company.
In any case of termination, no subscription/membership fee/charges paid by the
User(s) will be refunded. User(s) acknowledge that inability to use the Web
Site wholly or partially for whatever reason may have adverse effect on their
business. User(s) hereby agree that in no event shall the company be liable to
any 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.
F)
REGISTERED USER(S)
User(s) can become registered User(s) by
filling an on-line registration form on the Web Site by providing the required
information. TradEngine will establish an account for the User(s) upon
successful registration and will assign user ID and password for log-in access
to the Account. Users will be responsible for the content of all the messages
communicated through the account.
User(s) agree that by registering on the Web
Site, they consent to the inclusion of their personal data in our on-line
database and authorize us to share such information with other User(s).
The company may refuse registration and deny
the membership and associated User ID and Password to any User(s) for whatever
reason.
User(s) further agree and consent to be contacted by the company through phone
calls, SMS notifications or any other means of communication.
G)
Posting your content on website
Some content displayed on the Web Site 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
made at the respective sections of the Web Site
User(s) further understand and agree
company is not responsible for the
accuracy, propriety, lawfulness or truthfulness of any third party content made
available on the Web Site and shall not be liable to any User(s) in connection
with any damage suffered by the User(s) on account of the User(s)’s reliance on
such content. The company shall not be liable for 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 User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide with true, accurate, current and complete information to be
displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to
keep it true, accurate, current and complete.
The content, material or information submitted for display on the
Web Site does not contain:
i)
fraudulent information or attempted sale of
counterfeit or stolen items or belonged to other person or items whose sales
and/or marketing is prohibited by applicable law, or otherwise promote other
illegal activities
ii)
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;
iii)
defamatory, abusive libelous, unlawfully
threatening, unlawfully harassing, grossly harmful, indecent, seditious,
blasphemous, pedophilic, hateful, racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, leading to
breach of confidence, or otherwise unlawful or objectionable in any manner
whatever, vulgar, 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; discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age, 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 regulation.
iv)
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 information or
that are designed to interrupt, destroy or limit the functionality of any
computer resource
v)
materials to threaten the unity, integrity,
defense, 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
H)
Interaction between users
The company does not represent the seller or the buyer in
transactions and does not charge any commission for enabling any transaction
User(s) agree that company 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 any content, information or any other material provided on the Web Site , including,
without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
The company reserves the right to add/modify/discontinue any of the features offered
on Services
I)
Limitation of liability/disclaimer
The company makes no representations or
warranties about the validity, accuracy, correctness, reliability, quality,
stability or completeness of any information provided on or through the Web
Site. Company does not represent or warrant 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 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 at the User(s) sole discretion and risk and the User(s) is solely
responsible for any damage to its 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 the User(s) from Web Site or through or
from the Web Site shall create or be deemed to create any warranty not
expressly stated herein.
Under no circumstances shall the company be
held liable for any 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 the company, 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 their use of the Web Site (including but not limited to
the display of User(s) information on the Web Site) or from User(s)’s breach of
any of the terms and conditions of this Agreement
The company is not responsible for 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.
The
does not offer any guarantees or warranties on the medicinal products or
services displayed or listed on the Web Site and is not liable for any relevant
transaction between the User(s), including transactions involving sale of any
medicine(s) restricted and/or banned for sale by any governmental or any other
regulatory authorities.
J)
Taxes: You
shall be responsible for payment of all fees/costs/charges associated with the
purchase of products from the Site and you agree to bear any and all applicable
taxes as per prevailing law.
K)
Governing law and
dispute resolutions: These terms and conditions are governed by and
construed in accordance with the laws of the Federal Democratic Republic of
Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the
courts in Katmandu.
The company reserves the right in its sole
discretion to remove material/content/photos/offers displayed on the Web Site
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