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Terms of Use

This Terms of Use is a legal agreement between Damodar Menon International Private Limited (“DMIL”) and You stating the terms that govern Your use of the Portal (defined below). THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

If you do not agree to be bound or cannot comply with any of the Terms of Use or the Privacy Policy, please do not continue with availing the services on our Portal. Your act of clicking on/checking the “I agree” tab/box below shall be deemed as agreement to these Terms of Use and the Privacy Policy.

ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

You and DMI shall hereinafter collectively be referred to as “Parties” and individually as “Party”, as the case may be.


I. GENERAL TERMS

Your use of www.TEXCHANGE.biz (the “Portal”) is governed by the following Terms of Use. Unless otherwise specified, You hereby represent and warrant that You are an individual aged eighteen (18) years or above. For the purpose of these Terms of Use, whenever the context so requires ‘You’ or ‘Your’ shall mean any natural or legal person who is (i) accessing the Portal without registering; or (ii) has agreed to become a buyer and/or seller on the Portal by providing Registration Data while registering on the Portal as Registered User. DMIL allows a person to access/browse the Portal without registering on the Portal, however, with limited functionality. When You use any of the services provided on the Portal through the Portal, You will be subject to these Terms of Use including any laws, rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part of this Terms of Use. DMIL reserves the right, at their sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. You shall be bound by any such revisions. If You do not agree to the revised Terms of Use and/or the Privacy Policy, then DMIL shall cease to provide the services to You through the Portal. If at any time You violate the Terms of Use stated herein and/or the Privacy Policy, then DMIL reserves the right to cease to provide the services to You. For the sake of clarity, all features regarding the Portal inter alia support for chat rooms, support services provided by DMIL will be available only during the Office Hours (defined below) of DMIL and shall be moderated and monitored by DMIL.


II. REGISTRATION

User agrees and understands that being a Registered User is a mandatory requirement for using the services, including that of buying and selling on the Portal. Registration on the Portal is free. User agrees to provide any and all information sought by DMIL at the time of registration, including without limitation the User’s name, email address, city, phone number etc. (“Registration Data”). The User shall be entitled to select a log-in name and password (“Log-in Details”). Before You are registered on the Portal, DMIL will undertake a verification process. Your account on the Portal shall become active upon the completion of the verification process by DMIL.

User” shall mean any natural/legal perso who accesses or use the Portal; For the purpose of this Terms of Use the term ‘legal person’ shall include a company, a partnership, association, society or any such legal entity as recognized under the applicable laws.

Registered User” shall mean any natural/legal person who has been registered on the Portal after the completion of the verification process by DMIL.


III. PROCESS TO USE THE PORTAL

By agreeing to use/avail the services available on the Portal, You agree to follow the following process:

  1. Enquiry. You, in the capacity of a Buyer/Seller can make an enquiry, in the format as available on the drop down menu options on the Portal to either purchase or sell listed items on the Portal (“Enquiry”). It is agreed that once an Enquiry is submitted by a Buyer/Seller, it will be deemed as a valid and binding offer on such Buyer/Seller, as the case may be, subject to the terms of this Terms of Use.

    In case of an Enquiry by a Buyer, the Enquiry should specify the following- (i) the description of goods; (ii) the quantity of goods that the Buyer wishes to buy (iii) the price the Buyer is willing to pay for such description and quantity of goods, and (iv) any other mandatory fields as specified on the Portal, from time to time.

    In case of an Enquiry by a Seller, the Enquiry should specify the following- (i) the description of goods, (ii) the quantity of goods that the Seller wishes to sell (iii) the price the Seller is offering such goods at and (iv) any other mandatory fields as specified on the Portal, from time to time. Such Enquiry by a Seller will be posted in the form of advertisements on the Portal.

    All communications addressed by the Registered Users to each other, on the Portal, shall strictly be in the form/language of the drop down menu options available on the Portal.

    Seller(s)” shall mean a user, being a natural or legal person, who has completed the registration process including executing all necessary documents, as applicable and has listed Products on the Portal with the intention to sell strictly such Products through the Portal.

    Buyer(s)” shall mean a user, being a natural or legal person, who has completed the registration process including executing all necessary documents, as applicable and has sent an Enquiry on the Portal with the intention to buy Products through the Portal.

    Products” [shall mean Primarily Greige Yarns and secondary products which fall under the category of ‘Other Textile Products’]
  2. Communication by DMIL. Upon making an Enquiry, the Portal will forward the Enquiry to the appropriate Seller(s) who are Registered Users, which matches Your Enquiry in terms of the description of the goods, etc. as the case maybe. For the avoidance of doubt, the Portal will not take any express action in relation to the Enquiry made by Seller(s).

    The Enquiry will be forwarded to the personal account of the Seller(s) on the Portal as a private message. Making Counter-Offers. If You are a Seller/Buyer, upon receipt of the Enquiry, You may either choose to accept the offer of the Seller/Buyer as received through the Enquiry, in which case the process at Clause IV will be followed; or You may make a counter-offer to the Enquiry from the Seller/Buyer and offer a new quantity, price and/or any other criteria involved at which you propose to sell/buy goods. (“Amended Enquiry”).
  3. Upon receipt of the Amended Enquiry, a Buyer/Seller may further amend the Amended Enquiry or accept the Amended Enquiry, in which case the process at Clause IV will be followed.

    The process of making offers and counter-offers as detailed above, can be repeated till it is accepted by both the particular Buyer and Seller. It is agreed that a Seller/Buyer may simultaneously deal with multiple Buyers or Seller, as the case may be. The Seller/Buyer has the right to agree to complete the Transaction with any Buyer/Seller, as it may deem fit.

    Both the parties can make counter offer either firm or subject to confirmation. In case of acceptance of any firm offer both parties are bound in the contract and the process under Clause IV shall ensue.

    You agree that DMIL shall have the right to intervene and censor any communication from getting delivered to the other side at any time, if the same is against any of the provisions of this Terms of Use and/or to safeguard its interests and/or in adherence to any applicable laws and/or any other reason which in DMIL’s opinion is detrimental to the business and goodwill of DMIL or the operation of the Portal.

IV. CLOSING OF THE TRANSACTION

  1. A Transaction between a Seller and Buyer shall be considered as closed if the Seller/Buyer accepts the offer made through an Enquiry by the Buyer/Seller, as the case may be.
Transaction” shall mean the agreement for sale of Products reached between a Buyer and Seller on the Portal.
  1. Upon closing of the Transaction-
    1. DMIL will send a communication to the relevant Sellers/Buyers that the Enquiry has matched and that no further offers can be made to the Enquiry;
  2. DMIL will electronically send a contract to each Buyer and the Seller who are parties to the Transaction. DMIL will electronically send the contract to the Buyer on behalf of the Seller and vice versa(“Agreement(s)”). The Buyer and Seller shall be obligated to execute the Agreement(s) with the Seller and/or Buyer through DMIL, as the case maybe (as made available by DMIL to You), in a manner explained therein. You agree and acknowledge, that as a Buyer/Seller You are legally obligated to complete the Transaction, execute Agreement(s) and enter sale contract with the Buyer/Seller (as the case maybe);
  3. You represent and undertake to execute necessary agreements with DMIL immediately upon completion of a Transaction which will, inter alia, include the provisions relating to payments to be made to DMIL. You further undertake to discharge your obligation to buy or sell and/or any other provisions/requirements pursuant to earlier agreements executed between DMIL and You as the case may be pursuant to the Transaction within a period as mentioned in the Agreement from the time of conclusion of the Transaction;
  4. The contact information for each other shall be provided in the Agreement(s), to enable You, in Your capacity as the Seller and/or the Buyer to get in touch with the other user for completing the buying and selling pursuant to the Transaction. You agree and acknowledge that Your contact details will be the Registration Data, as provided by You at the time of registration. You agree that any and all communications once the Transaction has ended and the contact details have been provided to either party, will always go through DMIL. You further agree that, if You are found in breach of this provision, then DMIL shall have the right to cancel Your registration and revoke Your Log-In Details.
  5. Buyers understand and agree that the price offered for a particular product on the Portal shall not reflect the duty structure, import taxes and any other taxes imposed under applicable laws of a particular territory and the same will vary, based on the jurisdiction.

V. SELLING:

As a Registered User, You may list items for sale on the Portal in accordance with the policies, incorporated by way of reference in the Terms of Use. You must be legally able to sell the item(s) You list for sale on our Portal. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions. All listed items must be listed in an appropriate category on the Portal. All listed items must be kept in stock for successful fulfillment of sales. You agree and acknowledge by initiating an Enquiry/responding to an Enquiry, You are making a valid offer to the Buyer, as understood within the ambit of the Indian Contract Act, 1872. You will not withdraw Your offer once Your product has been listed for sale. Additionally, by listing a product on the Portal in the capacity of a Seller, You represent and agree to abide by any and all provisions of all agreements, executed by You inter alia the provisions of the Terms of Use.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You, in Your capacity as a Seller agree to refund any amounts that You may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Portal. DMIL reserves the right to delete such multiple listings of the same product listed by You in various categories.

You must complete the transaction with the Buyer and supply the item as per the shipping and delivery details mentioned in the item description of the Agreement(s).


VI. TERMS OF USE

By agreeing to use/avail the services, You represent, warrant, undertake and confirm that -

  1. The Registration Data provided by You is true, current, complete and accurate in all respects. You agree to promptly update Your Registration Data, in case of any change, so that Your information remains true, current, complete, and accurate at all times.
  2. If You have registered on the Portal on behalf of any company, partnership firm, limited liability partnership and/or anybody corporate, then You have the complete right and authority to provide the Registration data, create an account on the Portal, access the Portal and/or deal on behalf of and bind such company, partnership firm, limited liability partnership or any body corporate;
  3. Your Registration Data and any other personal data collected by DMIL is subject to DMIL’s Privacy Policy as available at http://texchange.biz/Home/PrivacyPolicy. DMIL may collect information such as occupation, language, zip code, area code, unique device identifier, location, customer preferences, and the time zone, where the services are used.
  4. DMIL may access, preserve, and disclose Your Registration Data subject to the Privacy Policy, if required to do so by law or in a good faith and belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms of Use; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of DMIL, affiliates, its users and the public.
  5. DMIL shall be entitled to suspend, , without any prior notice to You, Your access to the whole or any party of the services and/or Portal if in the opinion of DMIL you have acted in contravention of these Terms and Conditions. DMIL further has the right to temporarily suspend access to the whole or any part of the services and/or the Portal for any technical/operational reason. DMIL may, but shall not be obliged to, give You as much notice of any interruption of access to the services as is reasonably practicable. DMIL will restore access to the services as soon as it is reasonably practicable after temporary suspension. You agree that such decision shall be based on the sole discretion of DMIL and any decision taken in this regard shall be final and binding on You.
  6. Your participation on the Portal is at DMIL’s discretion. DMIL reserves the right to disallow your participation on the Portal.
  7. DMIL shall be under no liability whatsoever to You in the event of non-availability of the Portal or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, industrial action, man-made disaster, satellite failure or any other cause whatsoever beyond the control of DMIL, and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then DMIL shall be at liberty and entitled in their sole discretion to cancel any services to You forthwith and such decision shall be final and binding.
  8. You shall not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content. For the purposes of these Terms of Use, ‘Content’ means all visible and background material available on the Portal, including any proprietary material, DMIL logo, DMIL trade-mark, trade-name belonging to DMIL and any material which is owned by DMIL.
  9. You will not hyperlink urls of other sites and/or insert interstitial ads and/or promotion webpages, upload malware, Trojan and/or any virus on the Portal.
  10. You agree that DMIL owns and retains all rights to the Content. You further agree that the Content You access and view as part of the services is owned or controlled by DMIL, its affiliates and or its licensors. The Content is protected by copyright, trademark, and other laws related to intellectual property. You undertake not to challenge and/or dispute DMIL’s ownership of the Content, its trademark (including but not limited to TEXauction, TEXchange), trade name and/or the DMIL logo available on the Portal, at any time in any part of the world.
  11. You are responsible for the security and proper use of Your unique Log-in Details that You enter while registering on the Portal and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized persons.
  12. For the avoidance of doubt, by submitting any information including communication, offer, e-mail, You represent that the information or contents thereof are not confidential or comprise any sensitive personal information. For the purposes of these Terms of Use, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information;
  13. You shall not host, display, upload, modify, communicate, publish, transmit, update or share any information or product/goods/item that-
    1. belongs to another person and to which You do not have any right to;
    2. 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 whatsoever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. 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 to any other nation. You also represent and warrant that your use of the Portal and your act of posting any information/data on the Portal does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights;
    10. is false, misleading or inaccurate.
  14. You shall not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any server, computer, network, or to any of the services offered on or through the Portal, by hacking, password "mining" or any other illegitimate means;
  15. DMIL may discontinue any features, functionality of the Portal at its sole discretion;
  16. As long as You comply with these Terms of Use, DMIL grants You a personal, limited, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Portal (“License”).
  17. You confirm, agree and represent that Your act of availing services on the Portal including execution of the Terms of Use including any earlier agreements between the Parties shall supersede all and any agreements/arrangements, which You may have with third parties including but not limited to Selling, Buying and will have no bearing on any portion of the Terms of Use including any other written agreement between You and DMIL.

VII. COMMUNICATION

Upon use of the Portal, You agree and understand that You are communicating with DMIL through electronic records and You consent to receive communications via electronic records from DMIL. DMIL will communicate with You by email, SMS or by posting notices on the Portal. You agree that all agreements, notices, disclosures and other communications that DMIL provides to You electronically satisfy any legal requirement that such communications be in writing. You represent and warrant that while using the services available on the Portal, You shall never attempt to contact the seller/buyer, as the case maybe, on a direct basis. You further understand and agree that such an act on Your part, shall be construed as a material breach of Your obligation towards these Terms of Use and result in immediate termination of services and revocation of the License and You will be liable to indemnify DMIL fully and to the maximum extent permitted under law. You additionally agree and understand that You shall be receiving email communication from DMIL with respect to all and any Transactions relating to You.

Notwithstanding anything contained in these Terms and Conditions, You agree that You will maintain confidentiality in respect of any information received by You on the Portal including without limitation any Offer(s), Counter-Offer(s), Enquiry and Seller/Buyer details. You will not use or disclose such information except in cases as enumerated under these Terms of Use and as required for the purposes of dealing with the Registered Users on the Portal in compliance with these Terms of Use. You agree, understand and confirm that a breach of this provision will be deemed a material breach of these Terms of Use and will result in DMI preventing Your access on the Portal including suspension of Log-in Details.


VIII. PLATFORM FOR COMMUNICATION

The Portal is merely a platform hosted by DMIL for buyers and sellers to facilitate their transaction and for communication with each other. DMIL is not a negotiating party at any point and is merely a conduit of communication of offers as made available to DMIL by the respective buyer and/or seller.

In light of the above, You are and acknowledge that-

  1. Any and all commercial/contractual terms are off(i) Any and all commercial/contractual terms are offered by and agreed to between buyers and sellers alone and the buyer and seller are solely responsible for fulfilling the commercial/contractual terms. The commercial/contractual terms may include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. DMIL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers, unless explicitly agreed to between the Buyer/Seller and/or DMIL, as the case maybe, on a case to case basis.;
  2. DMIL does not make any representation or give a warranty as to specifics (such as quality, value, salability, merchantability etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Portal. DMIL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Portal. DMIL accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You represent and undertake that any product, goods offered by you on the Portal is not illegal, prohibited, restricted or hazardous;
  3. DMIL is not responsible for any non-performance or breach of any contract entered into between buyers and sellers and You agree not to hold DMIL responsible for the same. DMIL cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Portal. DMIL shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers. To that extent, You agree to not make DMIL a party to any suit vis-à-vis any dispute in transaction with a third party;
  4. DMIL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users including sellers and/or buyers. You are advised to independently verify the bona fides of any particular user that You choose to deal with on the Portal and use Your best judgment in that behalf;
  5. DMIL does not at any point of time during any transaction between You and the buyer/seller, as the case maybe on the Portal come into or take possession of any of the products or services offered by buyer/seller, as the case maybe nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to You;
  6. At no time shall DMIL hold any right, title or interest over the products nor shall DMIL have any obligations or liabilities in respect of such contract entered into between You and the buyers/sellers, as the case maybe. DMIL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered;
  7. The Portal is only a platform that can be utilized by You to reach a larger base to buy and sell products or services;
  8. You release and indemnify DMIL and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the users of the Portal and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, DMIL cannot take responsibility or control the information provided by other users of the Portal which is made available on the Portal. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Portal.

IX. LINKED DESTINATIONS AND ADVERTISING

Part of this Portal contains advertising and other material submitted to DMIL by third parties. Although acceptance of advertisements on the Portal on request is subject to DMIL’s terms and conditions, DMIL expressly disclaims any liability arising out of the usage of these products or services advertised on the Portal. The Portal may contain articles on various topics contributed by several individuals and third party content aggregators. The views are exclusively their own and do not represent the views of DMIL, affiliates and/or its management. All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of the Portal. While using the Portal for information purposes or otherwise, You acknowledge and accept the above disclaimer and agree to do so at Your own risk and You agree that DMIL is not liable for any loss or claim that You may have basis such usage.

If DMIL provides links to other websites, You should not infer or assume that DMIL operates, controls, or is otherwise connected with these other websites. When You click on a link on the Portal, DMIL will not warn You that You have left the services and are subject to the terms and conditions (including privacy policies) of another website. In some cases, it may be less obvious than others that You have left the services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use and/or Privacy Policy to govern Your use of another website or destination.

DMIL is not responsible for the content or practices of any website or destination other than the Portal, even if it links to the Portal and even if the website or destination is operated by a company affiliated or otherwise connected with DMIL. By using the services, You acknowledge and agree that DMIL is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Portal.

DMIL takes no responsibility for advertisements or any third party material posted on any of the Portal, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the services are between You and the advertiser, and You agree that DMIL is not liable for any loss or claim that You may have against an advertiser.


X. INDEMNITY

You agree to defend, indemnify and hold harmless DMIL, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the services on the Portal; (ii) Your violation of any term of these Terms of Use and/or the Privacy Policy; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right basis the user material; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of Use and Your use of the service on the Portal.

DMIL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to You in any manner whatsoever, in relation to the Portal and/or availing any services on the Portal.


XI. GOVERNING LAW

You shall comply with the laws of India and/or any laws that may apply to You.

Notwithstanding the conflict of laws principle, the Terms of Use shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the use of the Portal and/or availing the services on the Portal shall be referred to a sole arbitrator appointed by DMIL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by You.

Subject to the above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. Notwithstanding the foregoing, You agree that DMIL has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.


XII. DISCLAIMER OF WARRANTIES

DMIL, affiliates and service provider provide the Portal and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that Your use of the Portal is at Your own risk.


XIII. LIMITATION OF LIABILITY

IN NO CASE SHALL DMIL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, DMIL’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DMIL does not warrant that product description or other content of this Portal is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.


XIV. GENERAL

If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

You acknowledge that Your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use.

These Terms of Use and Privacy Policy constitute the entire agreement between You and DMIL governing Your use of the services on the Portal, superseding any prior agreements between You and DMIL regarding such use.

You hereby acknowledge and agree that the relationship between You and DMIL and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

This Terms of Use shall apply mutatis mutandis to any earlier written agreements executed between DMIL and You , which may include inter alia provisions regarding a facilitation charge after a successful completion of a Transaction, as applicable and shall be final and binding on You.


XV. CONTACT

If You have any questions, complaints or claims with respect to the Portal and/or services, then such correspondence should be directed to the address as given below-

DamodarMenon International Private Limited
302, Surya Kiran Building, 19, K.G.Marg, New Delhi-110001. India.

Alternatively, You can email Your concern to the contact information -
contact@texchange.biz

You agree and acknowledge that owing to the evolving nature of the services, these Terms of Use will be amended from time to time. You shall be solely responsible to keep yourself apprised of the changes which will be reflected in this document from time to time. DMIL will not send any private communication to You of any change. It is agreed that You will be bound to the amended Terms of Use at all times.

This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Any information gathered through this Terms of Use shall be subject to our Privacy Policy which is incorporated herein by reference and available at [http://texchange.biz/Home/PrivacyPolicy].

Copyright © 2013-2016 Damodar Menon International. All rights reserved. Terms and Conditions/Terms of Use | Privacy Policy