Terms of Use

i. The term ‘you’, ‘your’ and ‘User’, shall mean any legal person or entity accessing or using the services provided by the Company, who is competent to enter into binding contracts.

ii. The terms ‘we’, ‘us’, ‘our’ shall mean the Company, as the context so requires.

iii. The term ‘Services’ shall mean various functions and features available on the Website, for buying & selling material at list price.

i. is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable;

ii. constitutes unauthorized disclosure of personal or confidential information;

iii. infringes any intellectual property rights or any rights of any party;

iv. contains viruses, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity and obtain sensitive personal or financial information.

v. impersonates an employee or a representative of Our’s, its divisions and subsidiaries;

vi. misrepresents your identity or affiliation with a person or entity;

vii. obtains or attempts to obtain any information, materials or documents not purposely made available through the Website or online mediums through any means;

viii. attempts to interfere with the proper working of the Websites or any transaction being conducted on the Websites or to restrict or inhibit any other user from accessing or using the Websites, by means of hacking or defacing any portion of the Websites;

i. All information(s) shared by the User at the time of registration is truthful and accurate;

ii. User will maintain the accuracy and secrecy of information provided and shall monitor the use of its account.

iii. User is 18 years and above and has not been disqualified under any laws within and outside the territory of India;

iv. The use of the Website does not violate any applicable law or regulation.

v. User's profile may be deleted and their Membership may be terminated without warning at our discretion, if we believe that user is in breach of any of the above terms.

vi. In no event will the Website 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.

vii. We represent that the Website has no expertise in the domain of intellectual property rights of anyone. As an Intermediary, our role is limited and in case you have any concern related to copyright infringement or any concerns with the website then we shall appreciate if the same is brought to our notice.

viii. Website neither advocates nor does it endorse such products that may be deemed to be infringing or counterfeiting in nature by the virtue of their being listed on the Website nor does it endorse the infringement by such listings.

ix. Website shall not be liable for any third party information or data made available/posted by Users or contraventions / copyright issues committed by its Users.

i. User(s) refers to Buyers i.e. parties that want to procure material through our platform and Sellers i.e. parties that want to sell their material to their preferred buyers through our platform

a. You must be a Registered User in order to post information on the Website

b. No sales agency relationship is created between any User and Us or our affiliates, directors, officers or employees by virtue of Website displaying of any of the User's information on the Website.

c. The use of our services on our Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. In the event the user is a minor i.e. under 18 (eighteen) years of age, it is advised that the Website be accessed only with the involvement of a parent or guardian.

d. All the information posted by the User is solely the responsibility of the User and the User agrees to indemnify and save Us, Our affiliates, directors, officers and employees harmless from any liability arising due to this information. Each User(s) hereby represents, warrants and agrees to (a) provide 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, sub licensable (through multiple tiers) trademarks, copyrights, trade secrets, patents, license to the Website to display and use all the information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the User has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to User's Website / brochures / catalogs / printed material etc.

e. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website affecting or relating to products that are offered or displayed on the Website, are hereafter referred to as "Third Party Rights. The User shall defend and hold harmless the Website against any such breach that may occur.

f. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Website or provides to the Website or authorizes the Website to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.

g. The User shall not sell the product(s) that contain any fraudulent information, Counterfeited products, stolen products or items whose sales or purchases are prohibited under the applicable Indian Laws or any such activity that promotes an illegal act, be part of a scheme of defraud, or otherwise abets or encourages the infringement or violation of the third party IP rights, creates public nuisance, unfair competition, publicity or privacy, statutes, regulations and false advertising and such products that causes defamation, threatening, libellous, harassing, be obscene or any other content or otherwise promote scandalous products.

h. We reserve the right, at our sole discretion, to remove any material, which we reasonably believe to be unlawful, obscene, or which may in any manner violate or subject us to liability or in any form shall create Third Party Liability or in any way violates the terms of the Agreement or is found inappropriate in Our opinion.

i. We may share Your details to the government agencies, including the User’s identity and contact information, if requested by the govt. agencies or judicial authorities, as a result of a subpoena and other legal actions. We shall not be liable for damages or results thereof and User agrees not to bring any action or claim against such disclosure.

j. User agrees that We shall have no liability to User, including no liability for consequential or any other damages, in the event the User takes any of the actions mentioned in this section.

k. Each User hereby agrees that the information posted by them on the Website will result in business enquiries through phone calls, emails, SMS etc. from various buyers and sellers that may or may not be suitable to their business interests. We will not exercise any control over its Users for sending business enquiries to the registered members and will not be involved in any scrutiny of the same.

a. Through the Website, We provide an electronic web-based platform for exchanging information among buyers, sellers and supplier of products and services.

b. We do not represent the seller nor the buyer in specific transactions. The Website is merely a platform and plays no active part in the transactions between buyers and sellers.

c. We do not control, and We are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

d. Users are hereby made aware that there may be risks of dealing with people acting under false pretences. We use several measures to verify the accuracy of the information our users provide us when they register on the Website, however we in no way gurantee the authenticity of the same

e. Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and also the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website

f. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents.

g. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.

h. Such risks also include the risks that buyers , end-users of materials or others claiming to have suffered injuries or harms relating to material originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from the transaction and / or their use of such materials. All of the foregoing risks are hereafter referred to as "Transaction Risks”.

i. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website and related Transaction Risks, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

j. In the event that any User has a dispute with any party to a transaction/ or in case of User dispute arising out of partnership , consortium, joint ventures and any other understandings or contractual obligations such User agrees to release and indemnify Us and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Website shall not entertain any such dispute and cannot be held liable for the same, in any circumstances, whatsoever.

Subject to the provisions of this ToU and applicable law(s) if any, the Company grants you a limited licence to access and make use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable. This licence does not include any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another user/thirdparty; or any use of data mining, robots, or similar data gathering and extraction tools.

This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any purpose without express written consent of the Company and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Company or its affiliates' names or trademarks without the Company’s express written consent as applicable. Any unauthorised use terminates the permission or license granted by the Company, as is applicable.

a. The features and services on the Website are provided on an "AS IS" and "AS Available” basis and We hereby expressly disclaim any and all warranties, express or implied, 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.

b. Website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Website.

c. Website does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third-party rights; and Website makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website.

d. Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.

e. Website will not be liable for delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

f. Each User hereby agrees to indemnify and save Us, Our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Website (including but not limited to the display of such User's information on the Website) or from its breach of any of the terms and conditions of this Agreement.

g. The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company, who may not be assigned or is authorized to disclose any information. Any such disclosure shall be at the risk of the party disclosing such information by any of the modes of communication or otherwise.

h. The User shall not impersonate or represent itself or use the name, goodwill or trade secrets of the Website to any person or the third party or otherwise to any person unless We have given any authority, assignment or license in writing to perform any task for us and on our behalf.

i. Each User hereby consents to materialize his/her business on their own and agrees that Website is not liable for any kind of business materialization on behalf of any of its User. Such requests/complaints are not at all maintainable.

Since, the Company lists numerous products for sale offered by sellers on the website, it is not possible for us to be aware of the quality of the product listed for sale, or the veracity of the information on the products proposed to be sold by the user i.e. the seller. In the event, the User believes that the content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify the Company immediately by contacting the company at Support@metalvyapar.com. Once this procedure has been followed, the Company will make all reasonable endeavours to remove such Objectionable Content complained within a reasonable time.

Any kind of legal dispute, if arises would be dealt in only the territory of Delhi, India. All the legal issues are subjected only to the jurisdiction of courts located in Delhi only.

This Agreement and any dispute or matter arising from incidental use is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Website and further affirmed by becoming a Registered User of the Website, contains the entire agreement between you and Website regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

A. We have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers, without giving any prior notice. We may also in our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

B. You may end your legal agreement with us at any time for any reason by discontinuing Your use of the Services, by providing us 2 months prior notice.

C. The Company reserves the right to decide whether any Content posted using the Services is appropriate and complies with these Terms. The Company may, in its sole discretion, remove such data/content and/or terminate Your access for uploading material in violation of these Terms and Privacy Policy at any time, without prior notice.

D. Clauses viii, xi, xii, and xiii of these Terms of Use shall survive termination.

1. Your address, telephone number, and email address;

2. Your question;

3. A statement by you that the above information in your Notice is accurate.