Terms and Conditions
These terms of sale ("terms of sale") is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000.These terms of sale does not require any physical, electronic or digital signature.
MatexNet Pvt. Ltd. (MatexNet) Is an intermediary in the form of an online marketplace and its role is limited to managing the website (www.matexbuyer.com) to enable seller/s to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between seller/s and the buyer/s. The sale and purchase are directly made by the Seller/s and buyer/s and are subject to these terms.
Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. At no time shall MatexNet have any obligations or liabilities in respect of such contract nor shall MatexNet hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.
These Terms of Sale are subject to revision at any time and hence Buyers and are requested to carefully read these Terms of Sale from time to time before making any purchase of the Products. It shall be the Buyer’s responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of Sale of the Seller on the Product listing.
- SELLER: -Seller referred herein is any legal entity registered with matexbuyer.com to exhibit,advertise, display, make available and offer to sell their products to enable buyer/s to purchase the products so offered
- SERVICE PROVIDER: MatexNet Pvt. Ltd. (hereinafter referred to as “Matexnet”) is an e-commerce service provider mandated by the seller/s to facilitate virtual sale by the seller/s. Matexnet will only facilitate the transaction/s between the Seller/s and the Buyer/s and are considered as third party not particularly interested in the item/s being sold on behalf of seller.
- BUYER – Any person - as an individual OR a proprietor OR a partner OR an authorized representative of any company OR any legal entity and who is registered with matexbuyer.com and who accepts the products offered by the Seller/s either in part or in full is considered as a Buyer.
- Timing of online Transaction: Time, wherever mentioned in any document relating to the online transaction, refers to Indian Standard Time (IST) i.e. UTC + 05.30 hrs. All the timings of the online transaction shall be based on the time indicated by the Server hosting the website www.matexbuyer.com. It shall be the endeavour of MatexNet to ensure that the Server Time reflects as closely as possible the Indian Standard Time (IST) i.e. UTC + 05.30 hrs. However, in the event of any deviations between the Server Time and the Indian Standard Time, the timing of online transaction would be guided by the Server Time.
- Website: Website means www.matexbuyer.com owned and maintained by MatexNet and shall include the collection of HTML and / or Internet media residing on server/s operated by MatexNet or its technology partners
1.1 After intending Buyers register with MatexNet on the website, they will be allotted a unique user identification (User ID) by MatexNet and they will be prompted to enter a password. This is the log in password. The log in password is a string of characters (combination of alpha, numeric & special characters) used to authenticate the identity and provide access to various resources on the website. The log in password has to be a combination of alpha and numeric characters. Special characters can also be included to strengthen the log in password. Buyerss are solely responsible for all use and for maintaining and protecting the confidentiality of their User ID and password.
2.0 OFFER & ACCEPTANCE
2.2 SELLER reserves the right to modify and amend the terms & conditions and announce the same at any time before the transaction concludes and it is binding on the Buyer.
2.3 All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective Seller/s in addition to these Terms of Sale. In the event a Seller is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by Sellers and will be fulfilled by the Sellers.
2.4 The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to MatexNet. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer.
2.5 With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
- Seller has the right to sell the Products to the Buyer on or through the Website;
- Products shall be free from any charge or encumbrance in favor of third party;
- Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
- Product shall meet the description and specifications as provided on the Website.
3.1 The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products is subject to such faulty Selling Price and shall be subject to the discretion of the Seller, and as such may not be a valid acceptance and such transaction can be avoided by the Seller.
3.2 All prices indicated are generally inclusive of all applicable taxes unless stated otherwise.
3.3 The Selling Price inclusive of all taxes in respect of a Product purchased by a Buyer shall be received by the seller in full as per the mode and method as may be agreed between the Seller and the buyer through the website.
4.1 The mode of delivery shall be as agreed between the Seller and the Buyer. The risk of any damage, loss or deterioration of the products during the course of delivery shall be on the Seller.
4.2 On receipt of the agreed sale consideration, Seller shall ensure that the purchased product is dispatched to the Buyer within the such time period as agreed with the Buyer along with all the required information, manuals, accessories(where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. Seller shall also issue a corresponding invoice in the name of the Buyer, which Invoice shall be sent to the Buyer along with the Product.
4.3 Buyer shall be bound to take delivery of the Products purchased by the Buyer that are in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to MatexNet for any loss of any fee or charges that MatexNet shall haveearned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to MatexNet are not consequential or indirect.
4.4 The rights, title and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products and the risk of loss shall pass on to the Buyer upon delivery of Product.
5.0 RETURN OF PRODUCTS
5.1 Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
5.2 The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
5.3 In the event of return of the Product by the Buyer on account of damage, loss or deterioration, and duly accepted by the Seller, then the Seller shall refund to the Buyer the Selling Price paid by the Buyer to purchase the Product.
6.0 CANCELLATION OF TRANSACTION / ORDERS
6.1 Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel by the Seller directly. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to MatexNet. If Buyer's order is so cancelled, after the payment has been processed then the Seller shall refund to the Buyer the Selling Price paid by the Buyer to purchase the Product. The above is the sole remedy of the Buyer and the sole liability of the Seller for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
6.2 Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
7.0 GOVERNING LAW
These Terms of Sale shall be governed in accordance with the laws of India
8.1 MatexNet runs its business on the basis of a robust Web Site. 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 responsible for any failure of power, Network, server, hosting server, Internet connectivity, ISP or otherwise at Buyer’s end or at MatexNet directly or indirectly affecting online transaction.
8.2 MatexNet does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by sellers accessible through the website or any linked sites. MatexNet makes no representations or warranties whatsoever about, and shall not be liable for, the Seller or any such third parties, their products including representations relating to quality, merchantability, fitness of a product or service for a particular purpose, and non-infringement of third party intellectual property rights. Any transactions that buyer may have with Sellers are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and MatexNet does not accept any responsibility for the same. MatexNet also does not accept any responsibility for the usage of the products by the buyer. Both the buyers & sellers agree to defend indemnify and hold harmless, MatexNet from any loss, damage, cost and expenses caused by any reason to the Buyer/s and / or Seller/s during this transaction. 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 matter regarding this transaction and have understood in full that Matexnet has provided an online marketplace to facilitate the transaction between the Seller/s and the Buyer/s 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 etc. Since MatexNet does not possess knowledge base of the products under transaction both the Seller/s and Buyer/s 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 Buyer. MatexNet shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Seller and Buyer
8.3 MatexNet specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and MatexNet shall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchase confirmation order. MatexNet shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
8.4 The Seller/Buyer 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/Buyer shall not exceed its total fee receivable from the Seller/Buyer. 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.
8.5 Wherever images of the product and the sale price are displayed, Buyers may note that MatexNet does not represent or warrant that they are accurate, complete, reliable, current or error-free and valid. Any error in the image or the price shall be solely attributed to the Seller and not to MatexNet. Product description and the availability of the product are Seller’s responsibility.
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.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, PAN number, TIN number, website address, Trade Mark Certificate number, Patent certificate Number, products they buy/sell/trade/manufacture/import/export, the services they provide etc. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider utilized, IP address from where they log in, Digital Signature certificate used by them and other similar information.
Web browser cookies
How we use collected information
Matexnet Pvt. Ltd. may collect and use Users personal information for the following purposes:
1. To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
2. To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
3. To improve our Site
We may use feedback you provide to improve our products and services.
4. To facilitate your participation in transactional events
We may use the information Users provide about them to facilitate them to participate in the transactional events on this website. We do not share this information with outside parties except to the extent necessary to provide the service and if called for by Statutory Authorities.
5. To send periodic emails, SMS and messages through linked sites
We may use the email address / Mobile phone number to send User information and updates pertaining to the transactional events. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails / SMS /messages through linked sites, the user may contact Matexnet.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not disclose or share Users personal identification information except as directed by law, No specific information about the user will be shared with any third party unless any of the following conditions is met.
• To help complete a transaction initiated by the user.
• The user has specifically authorized it.
• The disclosure is necessary for compliance of a legal obligation.
• The sharing is necessary with Government agencies mandated under law.
• The information is shared with any third party ordered under law.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Matexnet Pvt. Ltd.
4 & 5, First Cross, K.R.Colony
Domlur Layout, Bangalore - 560071.
Matexnet will not be liable, if any third party accessed the information through devious or illegal methods or due to accidental leakage.
Date: August 31, 2013.