2. Prohibited Content & Consents

a. The Company DOES NOT permit a User to host, display, upload, modify, publish any information, transmit, update or share OR provide any services or data, information or any Illegal/Prohibited Content. The User hereby represents and warrants that it shall not display, list, upload, modify, publish any information, data or materials and/or transmit or share anything that:

• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harm minors in any way;
• contain fraudulent information or makes fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or Illegal/Prohibited items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
• infringes any patent, trademark, copyright or other proprietary rights of any party;
• violates any law for the time being in force;
• is a part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;
• deceives or misleads the addressee about the origin of such messages;
• communicates any information which is grossly offensive or menacing in nature;
• relates 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 secrets or other proprietary right or rights of publicity or privacy, or any other third party rights;
• impersonates 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; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• contains 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 regulation;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
• is in contravention of the Information Technology Act, 2000 and any other law for the time being in force;
• opens links directly or indirectly to or include descriptions of goods or Services that are prohibited under the prevailing law; or
• Otherwise creates any liability or adverse publicity for the Company.

b. As a condition of use of the Service and the Site, the User warrants that it/they will not use the Site for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms, conditions, and notices including both specific and implied. In addition the Site shall not be used in any manner, which could damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site. The User shall refrain from obtaining or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

c. Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not Infocom/its users.

d. By acceptance of this Agreement and these terms & conditions, the User hereby agrees that it has obtained all requisite consents, licences, approvals and permissions from all requisite governmental and statutory authorities for the goods and services it shall Host on the Site.

3. Agreement between User and Company

a. The User understands that the Company through the Site provides hosting services to its Users. All Content listed on the Site is third party User generated content which is transmitted and/or hosted on the Site. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.

b. Most content and some of the features on the Site is made available to Users free of charge. However, Company reserves the right to terminate access to certain areas or features of the Site to Users at any time with or without giving any reason, with or without notice. Company also reserves the universal right to deny access to particular Users to any/all of its Services and/or content without any prior notice/explanation in order to protect the interests of Company and/or other visitors to the Site. Company reserves the right to limit, deny or create different type access to the Site and its content features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

c. Company reserves the right to list its registered Users on the Site and as well as on other network portals run by the Company. In case a User does not want to be listed on the Site or on any of our network portals, they can communicate the same to us in writing by sending an email to info@cholatrade.com.cholatrade@gmail.com

d. Users are advised to exercise due caution while transacting with a prospective buyer or a seller on the Site. Users must undertake interaction or transaction with organizations and/or individuals located on or through the Site, with reasonable caution and after undertaking thorough diligence on such organization and/or individual. Neither the Company nor its director’s, employees, officers or agents shall be liable to any User or otherwise, for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site.

4. Amendments/Modification of Terms of Use

The Company reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the changes associated with the User of the Services and changes on account of legal and/or statutory amendments. The User is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the Agreement. All amendments become effective immediately upon our posting to the Site.

5. Warranties and Disclaimer

a. Company has endeavored to ensure that all the information on the Site is correct, however Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Site. This Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Site.

b. Company does not make any representation or warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.

c. Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. of any kind about any product or services offered, displayed or hosted on the Site of its Users except to the extent that a Trust Stamp and/or Credit Report is obtained. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site.

d. The Company does not collect any Sensitive Personal Data/Information of a User.

e. Company conducts several phone enquiries on its Site to provide the Services, Company however does not have a mechanism to verify the credentials of these enquiries, hence buyers & sellers are advised to exercise due caution in dealing with these enquiries & finalizing business deals.

f. The Company provides the Site and Services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Site is at its own risk.

6. Membership Eligibility

The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site. The Company reserves the right to terminate the User membership and may refuse to provide the User with access to the Site if Company discovers that the User is under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Company unless specifically invited by the Company. If the User is registering as a business entity, the User hereby represents and warrants that the User has the authority to bind the entity to this Agreement.

7. Electronic Communications

a. The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email, telephone or by posting notices on the Site. The User hereby agrees that all agreements, notices, demands, disclosures and other communications that the Company sends electronically including by posting on Site, satisfy the legal requirement that such communication is in writing.

b. User hereby authorizes Company to contact them periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a User does not wish to receive calls/other communications from Company or its employees, they must inform Company in writing by sending an email to info@cholatrade.com.

8. Platform for Communication

The Site is also a venue where Users may interact with one another for their transactions. Company is not and cannot be a Party to or control in any manner any transaction between two Users of the Site. Consequently:

• Company is not responsible for any non-performance or breach of any contract entered into between Users. Company cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users.
• The Site is also a channel of communication whereby the Users can reach a large base of persons in the global market. The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer, respectively. At no time shall the Company have any obligations or liabilities in respect of any such contract. The Company is not responsible for unsatisfactory or delayed performance of any services and/or delayed delivery of goods or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable to any User. The Company shall not be liable for any product or services offered on the Site. All goods and Services Hosted on the Site are those of the User(s)/Supplier(s) etc. unless otherwise mentioned therein.
• The User independently agrees upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users or third parties that it may interact with on the Site.

9. Trade Lead Ratings

The Company encourages Users to 'rate' the companies they do business with on this e-marketplace. Trade lead Ratings are based on actual responses (positive or negative) that Users receive while transacting with various parties. Buyers rate sellers on service and product quality. In turn, sellers rate buyers based on ease of transaction, timely payments etc. The following points should be considered when rating a Trade Leads.

• Do NOT abuse the Trade Lead Rating system. Abuse of the Trade Lead Rating system includes using the user id of another User or the Users own secondary user ids to raise the Users own Trade Lead rating or lower the rating of another Trade Lead member; or the use of threatening, abusive, racially vilifying, discriminatory or profane language. If the User's language is in any way offensive, the offended User can initiate legal proceedings against the User and shall be held liable for the comment.
• The Company reserves the right to delete any rating without prior notice and/or at its sole discretion upon an investigation into the rating. The ratings system promotes freedom of expression on Company, however the Company encourage Users to rate other Users singularly based on their experiences while transacting business. The Company shall remove Users feedback only in exceptional circumstances.
• The Company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular User. Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live Trade leads of that User will be closed and Trade leads that are loaded shall be deleted as well.
• The Company reserves the right to suspend and reactivate any user id depending on negative or positive ratings of the particular User. Company may also caution Users transacting with buyers/sellers who have been suspended. Once a User is suspended, all live Trade leads of that User will be closed and Trade leads that are loaded shall be deleted as well.

The Company shall not be held liable under any circumstances for the data or information and/or content of a Trade Lead Rating.

10. Use of User Information for promotions by Company

a. Company may use the User Information, Data or materials (“Collected Information”) to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The Collected Information does not qualify as Sensitive Personal Data/Information. The Collected Information does not/will not be disclosed to third party(ies) unless you respond to the marketing, promotion or advertising message sent by such third party(ies). The Collected Information may be transferred, stored, used and processed at any place worldwide by the Company.

b. In case of a merger, amalgamation or a ‘buy-in’ or ‘buy-out’ or a financial or strategic tie-up or similar alliance of/by the Company, the Collected Information may be transferred or assigned to the entity with whom the Company is entering into a merger, amalgamation, ‘buy-in’ or ‘buy-out’, financial, strategic or similar alliance with, as the case may be. If a User objects to this collection and/or transfer/assignment, please do not use the Site.

11. No Guarantee of Businesss

Cholatrade.com does not guarantee business from the leads generated. Cholatrade.com shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the Website. Advertiser understands that Cholatrade.com’s only obligation is to place the premium ads on the Website in the manner provided for in these Terms. Accuracy of the information/content provided is the advertiser's responsibility and Cholatrade.com will not be held responsible for false claims made by the advertiser.

12. Advertiser Obligations:

Advertiser agrees to make all payments due to Cholatrade.com in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-payment instructions in respect of such cheques. The Advertiser recognizes that Cholatrade.com has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is a bona fide business organization or individual carrying on business in relation to the items disclosed to Cholatrade.com, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) all Classified(s) provided to Cholatrade.com is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and Cholatrade.com shall bear no responsibility for the same. The Advertiser agrees to be bound by all applicable policies of Cholatrade.com relating to Classifieds and the Website, and the Advertiser grants to Cholatrade.com a worldwide intellectual property licence (including a copyright and trade mark licence) relating to all intellectual property rights in the Classified(s) to do any acts in relation to the Classified(s) which Cholatrade.com may deem necessary to fulfil its obligations.

13. Confidentiality

a. All information and data submitted and/or Hosted by the User shall become the property of the Company. Except for disclosures of the nature set forth herein including in Clause 13, Company shall not release any such data and information without the prior consent of the User.

b. The User has access to only his own data and information stored in the database at the Company (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time provided the terms and conditions and this Agreement are complied with.

c. All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party using the Site and misused or results in unsolicited messages from such third parties, then such actions are beyond the control of Company and the Company accepts no responsibility or liability whatsoever for such actions.

d. The Company does not require a User to disclose to its employees and/or other User’s any Sensitive Personal/Confidential Information on the Site.

e. The User is cautioned not to reveal any Sensitive Personal/Confidential Information to third parties on the Site.

14. Limitation of Liability

• In no event shall the Company be liable for:
• any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) arising out of or in connection with the Site, its Services or this Agreement (however arising, including negligence); and/or
• any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer telecommunications or any other equipment failures, electrical power failures, strike, labour disputes, riots, insurrections, civil disturbances, shortage of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.

• The Company, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. All such warranties, representations, conditions and undertakings are hereby excluded.
• User(s) acknowledge that inability to use the website wholly or partially for whatever reasons may have an adverse effect on its business. The Company assumes no liability whatsoever for any monetary or other damage suffered by the User including on account of any one or more of the following:
• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Services;
• The use or inability to use the Site or the Services;
• Any interruption or errors in the operation of the Site or the Services;
• Any unauthorized access by third parties (or User’s) to data or sensitive Personal Data/Information or other private information of a User;
• Any false, misleading or incorrect data or information Hosted on Site by a User or false misleading or incorrect statements or conduct of a User;
• Any violation of third party rights or claims or demands whatsoever in relation to the products or Services Hosted on the Site;
• Any matters relating to Services and/or the Site however arising, including negligence.
• Notwithstanding anything contained herein, the Company's liability in any and all circumstances shall be limited to the lesser of the amount of fees and/or charges paid by the User or Rs. 10,000/- (Indian Rupees Ten Thousand) or the US$ Dollar equivalent thereof.

16. Notices

Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail to Head office-135, 3^rd Lane, Vasantdada Market Yard, Sangli-416416, Maharashtra, India or e-mail to: - info@cholatrade.com(in the case of the Company) or to the email address the User provide during the registration process (in case of the User). Notice shall be deemed given 24 hours after email is sent, unless the sending Party is notified that the email address is invalid. Alternatively, the Company may give the User notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 (three) days after the date of mailing.

17. Termination of Agreement

a. The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove any content Hosted within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable whether for refunds or otherwise, to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.

b. If the Company terminates User(s) membership, User(s) will not have the right to re-enroll or join Site under a new account or name or an alias unless formally invited to do so by the Company. Notwithstanding any contained herein, no membership charges will be refunded to a User in case of termination.

18. Liabilities upon Termination

a. Without prejudice to any rights or remedies available to the Company, the User shall upon termination of the Agreement be liable for payment of any balance fees or charges payable until the Date of Termination.

b. The amounts due and payable to the Company by the User upon termination shall be payable within 30 (thirty) days of the Date of Termination.