Welcome to matexbuyer.com website (hereinafter referred to as “the website).
The services on this website are provided by MatexNet Pvt. Ltd. (hereinafter referred to as “MatexNet”).
MatexNet is an e-commerce service provider mandated by the seller to facilitate sale of assets through its website. The website is an online platform, a virtual market place, that sellers and buyers utilize to meet and interact with one another for their transactions. MatexNet is considered as third party not particularly interested in the products being sold.
This document is an electronic record in terms of Information Technology Act, 2000 and is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
Seller: Seller referred to herein is any legal entity who wishes to sell its product through the website and who has mandated MatexNet to provide the website and allied services to list its product for facilitating the salel its products through the website.
Buyer: Buyer referred to herein is any legal entity who has registered as a Buyer on the website to buy the products listed therein by the Seller.
User: User is any legal entity who uses the website and/or the allied services provided by MatexNet.
MatexNet and the users of the Website ("You", "Your", "User"/"Users").
If you do not agree to or wish to be bound by Agreement, you may not access to or otherwise use the website.
AMENDMENT TO USER(S) AGREEMENT
MatexNet 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 publication. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. 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 changed terms.
The services on the website are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. MatexNet advises its users that while accessing the website, they must follow/abide by the related laws. MatexNet is not responsible for the possible consequences caused by your behavior during use of website. MatexNet may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Website at any time.
When You use the Website or send emails or other data, information or communication to MatexNet, You agree and understand that You are communicating with MatexNet through electronic records and You consent to receive communications via electronic records from MatexNet periodically and as and when required.
REGISTRATION AND YOUR ACCOUNT
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 website by giving desired information (name, contact information, details of its business, etc.). MATEXBUYER.COM 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. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email ID and cell number as the case may be.
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 the website during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize MATEXBUYER.COM to share such information with other user(s). MATEXBUYER.COM may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification and without giving any reason thereof.
Despite my and my organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by MatexNet through phone calls, SMS notifications or any other means of communication, in respect to the services provided by MatexNet on the website.
You agree, inter alia, to:
1. Provide true, accurate, current and complete information about yourself in the registration form available on the website
USE OF THE WEBSITE
You understand and agree that MatexNet and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. MatexNet has no control over the third party user generated contents.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which You does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens 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.
- Shall not be false, inaccurate or misleading;
- Shall not, 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.
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
- MatexNet runs its business on the basis of a robust website. MatexNet is outsourcing server space from a third party hosting company and hence shall ensure the smooth running of the website in all good faith and intention. However, MatexNet will not be held responsible for any failure of power, network, server, Internet connectivity, at any point directly or indirectly affecting the online transactions between sellers and buyers.
Matexnet takes no responsibility of the quality, quantity of the products displayed on the website, and the documentation details of Buyers/Sellers. Both the Buyers & Sellers agree to defend indemnify and hold harmless MatexNet from any loss, damage, cost and expenses caused by any reason during the transactions on the website. In no event shall MatexNet be liable for any loss for the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the sellers and buyers agree to have discussed all the related matters regarding the transactions and have understood in full that MatexNet has provided an online platform to facilitate the sale and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time. Since MatexNet does not possess knowledge base of the products under transaction both the parties agree that the matter contained in the products as a part or as a whole does not violate any applicable law. MatexNet is only an e-commerce service provider, and is not and cannot be a party to or control in any manner any transactions between the Seller and the Buyer.
- The Seller agrees to limit the liability of MatexNet to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs, so that the total aggregate liability of MatexNet to the Seller shall not exceed its total fee receivable from the Seller. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
- MatexNet does not warrant that the information on this website is complete, true, accurate or non-misleading.
GOVERNING LAW AND JURISDICTION
This Term of use is governed and construed in accordance with the laws of the Union of India. Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India in all disputes arising out of or relating to the use of the services and the website.