Website SoarMart.com is developed & maintained by ITLLYRS technology private limited.
1. Restricted Content & Consents
- Users are NOT PERMITTED to host, display, upload, modify, publish any information, transmit, update or share OR provide any services or data, information or any Illegal/Prohibited Content. Any violation may lead to serious compensation. Users may not maneuver data that:
- belongs to another person;
- is inappropriate, harmful, intruding, objectionable and delusive;
- has deceitful information or makes fake offers on items from the site;
- involves in sale or attempt sale on counterfeit or stolen items;
- breaches any trademark, copyright or other proprietary rights of any party;
- is a part of a strategy to dupe other User(s) of the Site;
- deludes the addressee about the origin of such messages;
- delivers information that is offensive or menacing;
- reveals to sale products or services that encourage violation of any third party’s proprietary right or rights of publicity or privacy;
- imitates another person;
- consists of software viruses or any other computer code crafted to interrupt the functionality of any computer resource;
- contains material that consist of unauthorized advertising or harassment;
- threatens the unity and security or sovereignty of India;
- is in infringement of the Information Technology Act, 2000 and any other law;
- redirects to links of goods or services that are prohibited; or
- creates liability or adverse publicity for the Company.
- Users are NOT TO USE the Site for any unlawful or illegal purpose The Site shall not be used to damage, disable, overburden, or impair it or interfere with any other party's use and/or enjoyment of the Site.
- Users SHOULD NOT list counterfeits, non-licensed replicas on the site.
- Products on the site should not be advertised without explicit/prior permission from the intellectual property right holder. All third party intellectual property rights are owned by the third party and not SoarMart or its users.
2. User and Company Agreement
- The Website helps the User to understand the norms of the Company and its services. The Content on the Site is third party User generated content. The Company neither originates nor initiates the transmission; neither selects the sender and receiver of the transmission, nor modifies the information contained in the transmission.
- It is to be noted that most of the content on the Site are made available free of charge. However, the Company reserves the right to terminate access to certain areas of the Site to Users. Company also reserves the 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.
- Company holds the right to list its registered Users on the Site and on other network portals run by the Company. User may, however, communicate to us in writing by sending an email to (firstname.lastname@example.org) if in case they do not want to be listed.
- Users are advised to take caution while transacting with a prospective buyer or a seller on the Site. Users must exercise thorough diligence before any transaction. The Company shall not be liable to any User or otherwise, for any illegal or fraudulent interaction or transaction with organizations and/or individuals through the Site.
4. Warranties and Disclaimer
- The Company ensures that all the information on the Site is correct and genuine. However, the Company neither warrants nor represents the accuracy or completeness of any data on the Site. The Company is not liable for any loss, direct or consequential, to any User or any other person, arising from the connection with the use of the data on the Site.
- The Company does not represent or provide warranty to the attributes such as for quality, worth, marketability, etc. of the items or Services that are to be sold or purchased via the Site. The Company is not liable for any errors or omissions, whether on its behalf or on behalf of third parties, with regard to the same.
- The Company does not represent or provide warranty to the attributes to legal title, creditworthiness, identity, etc. of any kind about any product or services offered. Users are to independently verify the bona fides of any particular User that it chooses to deal with on the Site.
- Some services offered by the Company are researched and investigation through private agency. This information is provided to you in order to help your business and/or as an authentication of your existence as a business entity.
- The Company does not collect any Sensitive Personal Data/Information of a User.
- The Company conducts phone enquiries on its Site in order to provide the Services. The Company does not have a system to verify the credentials of these enquiries. Therefore, you are advices to exercise due caution while dealing with these enquiries & finalizing business deals.
- Company provides the Site and Services "as is" and without any warranty. Users are to avail the information at its own risk.
5. Membership Eligibility
The Site is available to persons who are able to 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. The Company holds right to terminate membership of any violators. The Site is not available to persons whose membership has been suspended or terminated.
6. Electronic Communications
When you use a product or service to which this Disclosure applies, you agree that the Company may provide you with any Communications in electronic format, and that Company may discontinue sending paper Communications to you, unless and until you withdraw your consent. The Company sends communications electronically, including by posting on the Site.
Agreeing to terms you authorize the Company to contact you periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. To stop receiving calls/other communications from the Company Users must inform the Company in writing; either to the registered postal address (M.I.G.-67, Chandra Shekhar Nagar, Ballia U.P. 277001) or by sending an email to (email@example.com)
7. Communication Platform
Users may avail the Site to interact with one another for transactions. The Company does not control in any manner in any transaction between two Users of the Site. Moreover:
- The Company does not hold responsibility for any nonperformance or breach of any contract between Users.
- The Company does not guarantee that the concerned Users will perform any transaction concluded on the Site.
- The Company would not mediate or resolve any dispute or disagreement between Users.
- The Site is a channel of communication whereby the Users can reach a large base of persons in the global exim market.
- 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 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.
- The Company cannot control the information provided by other Users which is made available on the Site.
- Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretenses.
8. 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 responses that Users receive while transacting with various parties. The following points should be considered when rating a Trade Leads.
- Users are not to use the user ID of another user. This would be considered as violating the terms of Trade Lead Rating system. Threatening, abusive, racially vilifying, discriminatory or profane language is strictly prohibited. No offensive words are to be used by any user.
- 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 Company shall remove Users feedback only in exceptional circumstances.
- The Company holds right to suspend and reactivate any user id depending on negative or positive ratings of the particular User.
- 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.
- If the User feels that an unfair rating has been received or there is any evidence of any abuse of the rating system, please contact the Grievance Officer (Clause 25) of the Company.
- The Company is not liable for the data or information and/or content of a Trade Lead Rating.
If a breach is detected, the Company holds all rights to remove and disable all content on the Site that may limit the User's' activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the User’s membership. Following are the given conditions when such may occur:
- If User displays any illegal or prohibited information or data;
- If User is in breach of the User Agreement;
- If the Company is unable to verify or authenticate any information provided by User;
- If the User’s actions causes any legal liability for the User, other Users or the Company;
- If a User puts any material into the Site systems which contains any viruses, that may corrupt any system, data or personal information;
- If a User is unable to produce a certified copy of a consent, license, approval, permission or similar certification requisite for goods and/or services a User proposes to Host/has Hosted on the Site;
- If any money is payable by the User to the Company and are not paid on the due date; or
- If a complaint is received by the Company from another User or a third party.
The Company may at any time, reinstate suspended Users. Suspended User(s) may not register or attempt to register with the Company or use the Site in any manner. If the User breaches the Agreement or the documents it incorporates by reference, the Company holds the right to recover any amounts due and owing by the User to that Company and to take strict legal action against the user.
10. Trust Stamp
Several tools and techniques are used by the Company to verify the accuracy of the given information by its registered Users. To keep the Users in trust, the Company offers the Trust Stamp tool (3rd party verified report) which provides Users with authentic information about a listed company. The Trust Stamp tool is available on the Site, as well as business sense. This also enables the users to evaluate with whom they are dealing. However, the Company is not liable for any direct, indirect, incidental, punitive, or consequential damages of any kind, with respect to the offered tool.
11. User Information for promotions
- The User Information may be used by the Company under consent, in order to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The Collected Information would not be disclosed to third party (ies) unless you respond to the marketing, promotion or advertising message sent by such third party(ies).
- 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 associating.
- Any information shared by the User shall become the property of the Company. The Company shall not release any such data or information without the prior consent of the User.
- All confidential information (including name, e-mail address etc.) revealed by the User in Member areas, is done at the sole discretion and risk of the User. The Company does not hold liable if such information is collected by a third party using the Site and misused.
- The Company advised all users not to disclose any personal or confidential data on the Site or to third parties on the Site.
13. Ownership of Cerebral Property
All copyright, with relation to the services of the Company shall remain the sole and exclusive property of the Company. Users cannot claim for the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
14. Remission and Severability
If the Company fails to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the Parties agree that the Court shall endeavour to give effect to the Parties' intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.
15. Limitation of Liability
- The Company shall not 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 mentioned in the Site. The Company is also not responsible hindrances due to acts of nature, internet failures, computer telecommunications or any other equipment failures, electrical power failures, strikes, 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, does not make any representation or provide any warranty about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on the Site.
- Users are to acknowledge that inability to use the website wholly or partially for whatever reasons may have an adverse effect on its business. The Company does not hold liable 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 connected to the 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.
- The Company’s liabilities shall be limited to the lesser of the amount of fees and/or charges paid by the User or INR. 5000 (Indian Rupees Five Thousand) or the US$ equivalent thereof.
16. Reimbursement Clause
Users may acknowledge that:-
- The Company does not take responsibility of the information provided by the Users, which is made available on the Website of the Company.
- The User is solely responsible for any liability arising out of any sale of any product/services and/or consequent to any display of any product or its description and features as the Company has only provided the link to the User and nothing more.
- The Company is not liable for any User provided information that may turn out to be offensive, harmful, inconsistent, inaccurate, or deceptive.
- The Company has no obligation to monitor the information, products and/or materials posted on the Website of the Company although the Company shall at is sole discretion and without assigning any reason whatsoever shall have the right to remove or edit any content or information if it violates any of the aforementioned norms. The User is solely responsible for the content, information, product, service or the materials uploaded on the Website of the Company.
- The User shall represent that it has all rights in the products and service and the content provided on the Website of the Company. However, the products or service should not violate any rules or regulations of the Company.
- The Company has the right to advise the prospective guest/client to exercise caution and display a disclaimer in respect of the fact that the Company has no liability of any kind or nature whatsoever and is not promoting or endorsing any product or service. The Company only offers uploading rights to the User and is not responsible for the quality, quantity, description, content and/or other information in respect of the product and/or service.
- The prospective guest/client may not be registered on the Website of the Company and if an inquiry is sent by the Company to a User listed on the Website, the Company takes no responsibility about the veracity/genuineness of the prospective guest/client or its whereabouts.
- The Company has forwarded such inquiry to the User only in good faith and would not entertain any claims of any kind or nature whatsoever from the User or any other person.
The User further hereby indemnifies and keeps the Company harmless and indemnified against any costs, damages, liabilities or other consequence of any of the actions taken by any person in respect of any product or service sold or displayed.
The User further undertakes that if the Company were to incur any cost/loss/penalty etc. on account of any act or deed of the User or their clients in relation to the display or sale of any product or its contents etc. than the User shall indemnify the Company.
The User further undertakes that if the Company is made a party to any of the litigation by any person or in any proceeding initiated by any Government agencies than the User shall indemnify the Company.
Except stated otherwise, all notices to the Company by any User shall be addressed to (M.I.G.-67, Chandra Shekhar Nagar, Ballia U.P. 277001) or e-mail to: (firstname.lastname@example.org) or to the email address the User provide during the registration process (in case of the User). A notice would be sent within 24 hours after email is sent, unless the sending Party is notified that the email address is invalid. Alternatively, the Company may provide the User notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process.
18. Third Party Content
- The Company may provide services where the Site and content available apply to features and functionalities that may enable the User with access to third party content. This content is completely independent of the Site. This also includes web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
- The Company does not hold liability as the User interacts with organizations and/or individuals found on or through the Company’s Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings. All the dealings between the User and such organizations and/or individuals are completely independent. Users are advised to make all prior investigations before indulging in further process.
- User is to agree that the Company is not liable for any loss or damage of any sort incurred as the result of any such dealings. If the User has any dispute with other User, the Company does not hold any claim, demand and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service(s).
- The Company offers promotions to the User on the Site. It also promotes the clients and their services in various search engine platforms. However, the results of such promotions are never guaranteed. User must immediately inform the Company if in any case any Illegal/Prohibited or other such content appear on the Site.
- The sole motive of the Company is to serve the clients with the best possible & prompt services. However, it is important to note that to make any change requested by Users the Company needs a minimum 24 - 48 business hours.
19. Party Consent
It is to be noted that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.
20. Suspension, Reinstatement and Refunds
- If a breach in the Agreement is made by the User, the Company holds all rights to suspend all services provided, remove and/or disable any and all User Hosted data and content and/or limit access rights of a User.
- The Company may remove and/or disable User hosted data and/or content or to limit Services to a User against whom a complaint is received.
21. Termination of Agreement
- The Company holds the authority 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) if any violation occur. The Company holds no liability for any refunds to the User or any third-party for any termination. The User may not access any service from the Company after the termination.
- In case of Termination, the User may not hold the right to re-enroll or join the Site, unless the Company approves the same. No membership charges would be refunded to a User in case of termination.
22. Liabilities upon Termination
- On Termination of Agreement, the Company is not liable for payment of any balance fees or charges payable until the Date of Termination.
- 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.
23. Complaint Redressal
- For any complaints and grievances, User may contact (M.I.G.-67, Chandra Shekhar Nagar, Ballia U.P. 277001); or email: (email@example.com).
- All complaints are to be made in writing giving a detailed description of the complaint/grievance of the User
24. Settlement Clause for Dispute
The Director of the Company holds the sole responsibility to sort any dispute of difference occurring due to the terms of the Agreement. The Sole Arbitrator would be nominated, and shall be a practice Advocate of not less than 5 years in practice or a retired judge of the High Court. The User shall not be entitled to raise any objection to any such Sole Arbitrator appointed. The attribution language should be in English.
25. Governing Law and Jurisdiction
This Agreement and any dispute or matter arising due to the connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India.
The Company and the User, therefore, irrevocably submit to the sole and exclusive jurisdiction of the courts at Kanpur U.P., India.