Terms and Conditions
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of Tradedeal.in App.
As a User, your access to and use of the Site are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Site and/or availing any of the Services and/or Indirect Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Site and/or Services and/or Indirect Services being provided by Galaxy e Mind (Policies), as may be modified by Galaxy e Mind from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. Galaxy e Mind shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services on the Site including the Indirect Services, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep updated.
2. User Eligibility
The Services on the Site and the Indirect Services are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 ("Contract Act"). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Site ("User"). Any person using the Services and the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized by the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and the Policies.
Galaxy e Mind Platform
The Site is an online directory platform provided by Galaxy e Mind to its User's for (i) listing their business and products (defined below) and (ii) carry out online search for Products and to contact the Users that provide these Products. It is hereby clarified that Galaxy e Mind is not a party to any transaction between the Users of the Site and shall not be responsible in any manner whatsoever for any representations made by a User on the Site.
Galaxy e Mind shall also provide such other services as may be included and modified by Galaxy e Mind from time to time. The Services and Indirect Services are governed by these Terms and Conditions and all applicable Policies of the Site, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and Indirect Services shall be subject to these Terms and Conditions.
Front end services
i. Listing on the Site
Galaxy e Mind provides the User's with an online directory platform to the Users to list their businesses and products manufactured and/or distributed by the User's ("Products") on the Site. [and for other User's using the Site platform to conduct search and finding Products [User's shall also have the option of selling and purchasing Products through the Site's payment platform]
ii. Premium Listing
Galaxy e Mind shall offer the Users the option of availing premium listing services from Galaxy e Mind, wherein the Users shall have to pay the Premium Fee, as may be specified by Galaxy e Mind from time to time to get a premium listing on the Site.
iii. Search Platform
Galaxy e Mind shall provide the Users with a search engine platform on the Site to enable the Users to search for Products and to contact the User's that provide these Products.
iv. User Comments
v. Social Sharing
Galaxy e Mind shall provide the Users with the option of posting a link containing information regarding a listed User and/or its Products on their respective social networking accounts such as facebook, twitter, skype etc.
Galaxy e Mind shall issue a [quarterly] newsletter to the Users providing information on the listed Users and their business activities and Products.
Administrative services provided by Galaxy e Mind ("Indirect Services")
In addition to providing a platform to the Users for listing and search tools for Products on the Site, Galaxy e Mind shall from time to time provide additional administrative services such backend support for the smooth and proper functioning of the Site, brief description of the number of Users listed, providing the Users the facility to deactivate, delete, activate their listing on the Site, manage the comments posted by Users, manage the leads generated, data integration etc.
Payment gateway services
In the event the Products listed by a User on the Site are directly purchased from such User, then upon receipt of a prior written request from such User listing its business and Product, Galaxy e Mind may at its discretion facilitate/arrange associated services for such User including, payment gateway services for the payment which shall be governed by these Terms and Conditions and a Fees shall be payable by the User listing its business and Products on the Site to Galaxy e Mind as per the Terms and Conditions and the Policies.
The aforementioned Services and the Indirect Services are governed by these Terms and Conditions and applicable Policies of the Site, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
Use of the Site
It is hereby clarified that all information pertaining to the listed Users and the content advertised are provided by the Users registered with the Site and are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the business opportunity being offered under these Terms and Conditions.
The User, listing its business and Products, shall at its own, provide all relevant material and price information related to the Products to Galaxy e Mind for including the said information and details on the Site. All such information shall be provided to Galaxy e Mind in advance of listing of the User on the Site and shall be in the manner prescribed by Galaxy e Mind from time to time.
The User listing its business and Products on the Site, shall duly comply with all requirements specified in these Terms and Conditions and all other applicable Policies of the Site as may be amended from time to time by Galaxy e Mind.
The User listing its business and Products on the Site, shall be solely liable for quality, quantity, efficiency of the Products and the User's ability of selling the Products. Galaxy e Mind shall not be responsible for the quality, quantity, stability, or other specifications of the Products listed on the Site by the User. Galaxy e Mind shall not be responsible for any errors or omissions in relation to information provided on the Site pertaining to a User and its Products.
The User listing its business and Products on the Site, shall be solely responsible for accuracy of all information and/or validity of the prices and any other charges and/or other information relating to its business and the Products offered on the Site. [The rates provided to Galaxy e Mind for display on Site shall at all times include all applicable taxes, Fees, charges and any other payments due to any other parties by the User. The User listing its business and Products on the Site agrees that it shall keep Galaxy e Mind indemnified as per Sections 5 of these Terms and Conditions.]
The User listing its business and Products on the Site , confirms and undertakes ownership of the Products and confirms that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the Site.
The User listing its business and Products on the Site, shall comply with all applicable laws and regulations applicable to its business and in offering the Products and shall ensure that all requisite approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable such User to conduct its business and offer the Products for sale through the Site and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies.
The User does hereby specifically agrees that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations, guidelines, bye laws and notifications made there under, [while assessing or feeding any information/data into the computers, computer systems or computer network of Galaxy e Mind]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made there under, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The listed User hereby acknowledges and grants Galaxy e Mind a worldwide license to reproduce, display and copy the information provided by the User, including the User's intellectual property solely not limited to trademark, trade names, or copyrights for the purpose of hosting the information on the Site.
The User acknowledges that it shall take all precautions as may be directed by Galaxy e Mind to ensure that there is no breach of security and integrity of the Site. Galaxy e Mind shall not be responsible for any loss incurred by a User for a failed / incomplete Transaction on the Site.
The User acknowledges that Galaxy e Mind has no connection or interest whatsoever in the business of the User listing its business and Products on the Site or the Products marketed by such Users and Galaxy e Mind does not in any manner take part in the business of the User, directly or indirectly and is not responsible for the Products provided by the User. [A User buying the product hereby acknowledges that before placing an order for a Product the User being the buyer has performed a diligence and background check of the User listing its Product and is entering into the transaction being aware of the Terms and Conditions]. The User further acknowledges that Services and Indirect Services being provided by Galaxy e Mind are being provided by it as an independent contractor, and Galaxy e Mind is in no manner acting as an agent of either the User or of the third party service provider.
The User acknowledges that the Site shall provide information pertaining to other User's availing the Services and/or Indirect Services and information pertaining to Galaxy e Mind. The User hereby agrees that it shall not copy, modify or distribute or misuse any information provided on the Site for its personal use or gain. The User acknowledges that Galaxy e Mind is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Terms and Conditions. In this regard "Intellectual Property" shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to Galaxy e Mind.
The User further acknowledges that Galaxy e Mind may collect, transfer, store and use the information provided by such User on the Site for the purpose of providing the Services and the Indirect Services.
The User acknowledges that Galaxy e Mind's liability with respect to the Services and Indirect Services shall be limited and shall be as per these Terms and Conditions. Galaxy e Mind reserves the right, in its sole discretion and without assigning any reason, to exclude certain Products offered by a User from being displayed for sale on the Site, wherein such Products are deemed unfit or unsuitable by Galaxy e Mind at its sole discretion.
The User agrees and confirms that the sole and exclusive responsibility and obligation of Galaxy e Mind is to ensure that the Services and Indirect Services are being provided in compliance of all applicable laws, rules and regulations.
The User acknowledges that the Services to the Site may be interrupted while browsing, transacting, using or uploading information on the Site. The User's further agree that Galaxy e Mind reserves the right to suspend the Services and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of Galaxy e Mind.
The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the Site, then the only remedy a User shall have will be to not use the Services and discontinue using its account on the Site. However till such time that the User uses the Site and avails the Services and/or the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.
The User agrees and confirms that the payment gateway is being provided by Galaxy e Mind on a best efforts basis with all efforts to keep these valid and subsisting. Galaxy e Mind shall not in any manner be liable to a User for failure or delay in providing these Services.]
A User will be required to provide a valid phone number in order to avail the Services provided by Galaxy e Mind. By registering their phone number with Galaxy e Mind, the User consents to be contacted by Galaxy e Mind via phone calls and/or SMS notifications.
The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that
i. belongs to another person and to which a User does not have any right to;
ii.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;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. 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.
The Services are being rendered by Galaxy e Mind to a User listing its business and Products on the Platform, for a service fee payable to Galaxy e Mind ("Fee") which shall be intimated by Galaxy e Mind to the User listing its business or Products, from time to time. Galaxy e Mind shall charge an additional fee for providing the premium listing service to the listed Users ("Premium Fee"), as may be notified by Galaxy e Mind from time to time.
The User listing its business and Products on the Site, shall keep Galaxy e Mind, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
(i) breach or non-performance by the User of any of its undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions;
(ii) any claim or proceeding brought by any of the customer of the Products or any other person against Galaxy e Mind in respect of any Products or [a transaction on the Site], whether or not such complaint was settled by the User who sold the Product or was an unsettled claim;
(iii)any negligent act or omission or default or misconduct or fraud of the User or its agents or its customers;
(iv) any hacking or lapse in security of the Site or the data on the Site;
(v) any act, deed, omission or non-performance on the part of the User which renders the Transaction conducted through the Site invalid.
The User listing its business and Products will defend, indemnify and hold harmless Galaxy e Mind, its directors, officers, employees, representatives and agents against all any liability, damage, loss and expense relating to any claim for infringements of trademark, trade names, other intellectual/industrial property rights or copyrights filed against Galaxy e Mind or its affiliates resulting from the displaying the and intellectual property on behalf of the User on the Site.
The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.
6. Limitation of Liability
Under no circumstances will the Galaxy e Mind, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives involved in creating, producing, maintaining or distributing the Site be liable for any loss of:
(ii) business or business opportunities;
(iii) savings you expect to make;
In the event Galaxy e Mind is in breach of any of the Terms and Conditions, Galaxy e Mind will only be liable for losses you have suffered as a direct result. Galaxy e Mind shall not liable for any other loss due to third party actions, due to defamatory statements or liability for a Product or otherwise as a result of:
(i) using or relying on the Site;
(ii) not being able to use the Site;
(iii) any mistake, fault, failure to do something, missing information, or virus on the Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
(iv) theft, destruction of information or someone getting access to our records, programs or services without our permission;
(v) goods, products, services or information received through or advertised on the Site or any links provided by the Site; or
(vi) any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the Site.
7. Disclaimer of Warranties and Liabilities
It is hereby clarified that the Services and the Indirect Services made available to a User through the Site are provided on an 'as is' and 'as available' basis, and Galaxy e Mind expressly disclaims any and all warranty except warranty expressly stated herein, 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.
The Site may provide links to other Sites of the Users registered and Galaxy e Mind has no control over, and accepts no liability, obligation, or responsibility for, the content or performance of other web sites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked web site, its content, its owner, its performance, or its owner's products or services.
8. Intellectual Property
The User, where applicable, hereby grants Galaxy e Mind and its associates and representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos of a User, listing its business and Products on the Site. The User, where applicable, hereby confirms that such User has the requisite right to use the said marks and logos and to grant permission to use as stated herein. Such User shall retain all intellectual property rights in such marks.
Nothing contained herein shall authorize a User to use, display or exploit the intellectual property rights of Galaxy e Mind without the prior written consent of Galaxy e Mind.
The User, where applicable, shall keep all the information pertaining to the Services including but not limited to the customer data and the transactions on the Site ("Confidential Information"), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of Galaxy e Mind.
Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by Galaxy e Mind to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.
11. Consequences of Termination
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. Galaxy e Mind and the User (where applicable) availing the Services provided by Galaxy e Mind, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the termination taking effect.
All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by Galaxy e Mind from time to time in respect of these Terms and Conditions, whether in respect of the Services and/or Indirect Services provided by Galaxy e Mind or otherwise shall be returned immediately to Galaxy e Mind.
12. General Provisions
No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between Galaxy e Mind and the User's listing their business and Products and do not attempt to create any employee-employer or agency relationship. The Services and/or Indirect Services are being rendered by Galaxy e Mind as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Galaxy e Mind and the User hereto or any affiliates or subsidiaries thereof or to provide either Galaxy e Mind or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Galaxy e Mind or the User.
Publicity: All joint publicity initiatives shall be subject to separate marketing initiative contracts to be executed between Galaxy e Mind and User, as may be applicable. Galaxy e Mind at all times shall have the right to use the name and/or trademark/logo of the User's listing their business and Products in its sales or marketing publication or advertisement to communicate the brands/ Products available on the Site in the context of these Terms and Conditions.
Assignments: Galaxy e Mind may assign, in whole or in part, the benefits or obligations of these Terms and Conditions and the Policies to its associate's of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Galaxy e Mind shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms and Conditions, without the prior written permission of Galaxy e Mind.
Force Majeure: Galaxy e Mind shall not be liable for its failure to perform under these Terms and Conditions and the Policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Galaxy e Mind, payment gateways or the logistic support partner.
Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Galaxy e Mind. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Survival of Provisions: The terms and provisions of these Terms and Conditions, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination.
Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
Non Solicitation: The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by Galaxy e Mind.
Non-Exclusivity: It is agreed and clarified that the arrangement set out by these Terms and Conditions and the Policies between Galaxy e Mind and the User is on a non-exclusive basis.
Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be All Indiain idustries, if to Galaxy e Mind, if to User, it shall be to the address registered with Galaxy e Mind.
Amendment: These Terms and Conditions and Policies may be varied, amended or modified by Galaxy e Mind at any time. The last amended version shall be available on the Site at all times