The website, www.plybazar.com is a B2B web based marketplace of plywood and wood based industry for exchanging, exploring and enhancing business online. It is owned and managed by Bhagwati Automation Pvt. Ltd.
PLYBAZAR makes available a variety of products and services through PLYBAZAR.com (collectively, the "Products and Services") subject to these general Terms and Conditions ("Terms and Conditions").
Because the Terms and Conditions contain legal obligations, please read them carefully.
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions.
It is mandatory for all users of the website to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site.
For purposes of this Agreement, a "User" is any person who accesses the website for whatever purpose, regardless of whether said User has registered with PLYBAZAR.com as a registered User or whether said User is a paying customer for a specific service provided by PLYBAZAR.com A User includes the person using this website and any legal entity which may be represented by such person under actual or apparent authority.
Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized customer' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
Any person/entity that joins the website www.plybazar.com just with the intention to enlist his listing and showcasing his business online without availing any specialized services there to.
Access to the website and certain features are provided to all Users free of charge. However, the website reserves the rights, without prior notice, to restrict access to certain areas or features of the website "Paid Services" to paying Users or Users who under go a specific registration process. Access to and use of these Paid Services is governed by additional Terms and Conditions under separate agreements in addition to this Agreement.
You as the author of your pages take full responsibility for its contents. As the author you state your page contains nothing illegal, pornographic. As the author, you also state that nothing on your page is copyrighted material. By using the website and its Services, the Users represent and warrant that
(i) All registration information submitted is truthful and accurate.
(ii) The User will maintain the accuracy of such information.
(iii) The User is 18 years of age or older.
(iv) The use of the website does not violate any applicable law or regulation.
You agree that PLYBAZAR.com has the right (for any reason or no reason) to remove any page. By submitting your pages, you are agreeing to all conditions as below.
(1) Pages are subject to removal, if there is no member login on PLYBAZAR.com for 90 days.
(2) PLYBAZAR.com reserves the right to delete any page it deems unacceptable for any reason without prior notice.
Here are the examples.
* Pages containing critical errors
* Pages containing anything illegal
* One company's pages built by multi-IDs
* Pages for testing
(3) PLYBAZAR.com makes no guarantee as to the availability of service.
(4) A valid email must remain on your page(s) or it will be removed.
(5) Pages can not contain, or contain links to, any of the following:
nudity, sex, pornography, foul language, hate propaganda, anything illegal, mail fraud or pyramid schemes. This includes anything considered Adult material.
(6) You can not copy any other page and/or images without prior consent from the originator of the other page and/or images.
(7) You can not obtain paid advertising for your page. Paid advertising is reserved forPLYBAZAR.com You can advertise your company or products here, but you can not get paid from an outside source to advertise on your page.
(8) PLYBAZAR.com reserves the right to change these rules at any time without notice.
(9) In no event the website will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the website.
(10) The Users agree to use this website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party.Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website. If any member/individual; /entity become aware of any inappropriate content by any member of this website, or otherwise please contact us by clicking on the "Feedback".
(11) The website shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification.
(12) The website shall have a sole discretion regarding deletion of his member's classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in any case and in any circumstance.
(13) This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to ExportersIndia.Com and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
(14) PLYBAZAR.com may amend this Agreement at any time by posting the amended and restated Agreement on the website. The amended and restated Agreement shall be effective immediately upon posting. Posting by PLYBAZAR.com of the amended and restated Agreement and your continued use of the website shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of PLYBAZAR.com
(15) Membership is activated within 7 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however the Web pages are created as per the information/approval provided by the member and may take some time however no relaxation will be provided/allowed for the said period..
(16) Members be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and PLYBAZAR.com or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The members are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.
(17) The Bhagwati Automation Pvt. Ltd. reserves their rights to block or delete the webpage at any time without assigning any reason etc. and the member/s will have no claim or right whatsoever against PLYBAZAR.com or Bhagwati Automation Pvt. Ltd. under any circumstances.
(18) Users agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned pzoint of contact; with respect to the subscribed services of PLYBAZAR.com or Bhagwati Automation pvt. Ltd.
(19) Membership charges are subject to revision and are at the discretion of the PLYBAZAR.com
"IMPORTANT" please read carefully before registering your trading item(s) on PLYBAZAR.com
* You may not post, sell or buy any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction on PLYBAZAR.com
* Please be aware that PLYBAZAR.com does not permit any trading items that are illegal, infringe upon the intellectual property rights of others, or may easily be used for illegal purposes.
* As a member of PLYBAZAR.com, you are responsible for ensuring that the trading items you have posted are legal or permissible.
Thus, before posting any product, selling lead and/or buying lead, you need to make sure that your trading items are NOT against the 'Product Listing Policy'.
PLYBAZAR.COM reserves the right to remove any trading items that violate the 'Product Posting Policy' without further notice. plybazar.com also reserves the right to disable the accounts of any members who continue to violate the 'Product Posting Policy' after having been warned.
1 Users may use this website solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the website(the PLYBAZAR Content) for the purpose of re-selling or re-distributing the PLYBAZAR Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with PLYBAZAR, or otherwise commercially exploiting the PLYBAZAR Content.
2 Some of the PLYBAZAR Content displayed on this website is provided or posted by third parties (Third Party Content). Neither PLYBAZAR nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of PLYBAZAR's display of the Third Party Content on the website. Any Third Party Content is the sole responsibility of the party who provided the content. PLYBAZAR is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, PLYBAZAR is not responsible for the conduct of any User's activities on the website, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3 PLYBAZAR may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. User acknowledges that PLYBAZAR has no control over such third party's website and PLYBAZAR shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
4 Messages or information sent by a User through communication systems provided by the website, or through emails, fax or letters to addressees obtained from the webite, shall not contain any of the materials.
5 PLYBAZAR reserves the right to limit, deny or create different access to the webite and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the website wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall PLYBAZAR be liable to the User or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by PLYBAZAR and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
1 Each User who has filled out an on-line registration form on the website by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of PLYBAZAR (a Registered User). PLYBAZAR will establish an account (Account) for each Registered User and each Registered User is assigned a user alias (User ID) and password (Password) for log-in access to its own Account.
2 Registered Users shall not access or enjoy the benefits of any Paid Services without payment for such services; provided, however, that PLYBAZAR may permit such free access or enjoyment of Paid Services by a Registered User on a case-by-case basis; provided, further, that PLYBAZAR reserves the right at any time to deny access to any Paid Service (including but not limited to termination of the Account of such Registered User) if the Registered User has not paid PLYBAZAR the relevant charges and fees under the terms of such Paid Service.
3 PLYBAZAR may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if, in PLYBAZAR's determination, there is any breach of the provisions of this Agreement by the Registered User.
1 You must be a Registered User in order to post information on the website using the self-help submit and edit tools provided through the website.
2 No sales agency relationship is created between any User and PLYBAZAR, our affiliates, directors, officers or employees by virtue of PLYBAZAR's display of any of the User's information on the website.
3 Each User hereby represents, warrants and agrees to (a) provide PLYBAZAR with true, accurate, current and complete information to be displayed on the website and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free license to PLYBAZAR to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. Each User further agrees that by posting any material or information anywhere on the website it surrenders its copyright and any other proprietary right in the posted material or information.
4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the website or provides to PLYBAZAR or authorizes PLYBAZAR to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
5Each User hereby represents warrants and agrees that information submitted to PLYBAZAR for display on the website shall not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
be part of a scheme to defraud other Users of the website or for any other unlawful purpose; relate 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 secret or other proprietary right or rights;
violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
be defamatory, libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain 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 offence, give rise to civil liability, or otherwise violate any law or regulation; solicit business from any Users in connection with a commercial activity that competes with PLYBAZAR;
or contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
6 PLYBAZAR reserves the right in it sole discretion to remove any material displayed on the website which it reasonably believes is unlawful, could subject PLYBAZAR to liability, violates this Agreement or is otherwise found inappropriate in PLYBAZAR's opinion. PLYBAZAR reserves the right to co-operate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In connection with any of the foregoing, PLYBAZAR may suspend or terminate the Account of any User as PLYBAZAR deems appropriate in its sole discretion.
1 Each User understands and agrees that PLYBAZAR is not a traditional seller or mart. Through the webite, what PLYBAZAR provides is only an online platform or venue for information exchange and transaction between buyers and sellers, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although PLYBAZAR will monitor the regular operation of the website to fulfill its duty of care, PLYBAZAR does not review and check each item of posted content and listing to search for infringement or illegal activity.
2 Despite the Terms, no agency relationship will be created between PLYBAZAR and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the website.
3 User hereby acknowledges that although PLYBAZAR tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the website, to use relevant tools available, reasonable judgment and common sense when making a deal online.
4 In no event shall PLYBAZAR be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.
5 The users (including the seller and buyer) agree to release and indemnify PLYBAZAR and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the website.
1 To the maximum extent permitted by law, this website is provided by PLYBAZAR on an “as is”, “as available” and “with all facts” basis. PLYBAZAR makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on this webite. To the full extent permissible by applicable law, PLYBAZAR hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, PLYBAZAR disclaims any and all warranties, express or implied, for any merchandise offered on this website. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the website, that your use or access of the website is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
2 Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall PLYBAZAR or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of PLYBAZAR has been advised of or should have known of the possibility of such damages.
3 In addition, in no event shall PLYBAZAR be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:
a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the website, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information.
b) Any violation of Third Party Rights on the website.
c) Unauthorized access to data or private information of any User on the website.
d) Statements or conducts of any User of the website.
4 Notwithstanding any of the foregoing provisions, if PLYBAZAR, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the website during the one month period preceding the date on which the claim arose.
5 PLYBAZAR shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
(1) the use or the inability to use the website or Services.
(2) Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site.
(3) Any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.
(4) unauthorized access by third parties to data or private information of any User.
(5) statements or conduct of any User of the website.
(6) The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not PLYBAZAR has been advised of or should have been aware of the possibility of any such losses arising.
All Information is for your general reference only. PLYBAZAR do not accept any responsibility whatsoever in respect of such Content. You understand and agree that:
a) Your use of the Service is at your sole risk. The Service is provided on an "As Is" basis. PLYBAZAR expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) PLYBAZAR makes no warranty that:
i) The Service will meet your requirements.
ii) The Service will be uninterrupted, timely, secure, or error-free.
iii) The results that may be obtained from the use of the Service will be accurate, adequate or reliable.
iv) The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
v) Any errors in the software will be corrected.
c) Any material download or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by you from PLYBAZAR or through or from the Service shall create any warranty.
Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail to Legal Department, Bhagwati Automation Pvt. Ltd. S C O 207, Sector 36 D Chandigarh- 160036, India or e-mail to: - email@example.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.
These Terms of Service shall be governed in all respects by the the laws of Indian Territory. PLYBAZAR consider itself and intended to be subject to the jurisdiction only of the Courts of CHANDIGARH, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of CHANDIGARH, India.