Terms and conditions


Welcome to the TradersGang. The terms and conditions contained herein alongwith the Privacy Policy form an Agreement regulating our relationship with regard to the use of TradersGang by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You can use the Services if you are agreeable to all the terms and conditions of this Agreement in their entirely. If you accept this agreement, it will be a legally binding agreement between you and TradersGang.

Applicable Law

This site is created and controlled by TradesGang in Pune India; as such the laws of India shall apply; courts in Pune shall have jurisdiction in respect of all the terms, conditions and disclaimers. TradersGang reserves the right to make changes to the site and the terms, conditions and disclaimers.

Definitions:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time."

"Site" means the providing a platform where seller and buyer could directly interact with each other, eliminating all the agents and brokers between them. The site by no means is involved into selling of the products online.

"Seller" shall mean the person or any legal entity who offers for sale, sells the products on the site.

"Customer" / "Buyer" shall mean the person or any legal entity who searches for the interested products and contact seller directly.

"User"/ "You" means and includes you and/or any person or an entity including Seller using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the services. TradersGang provides the platform where seller and buyer can interact directly to each other. However, TradersGang reserves the right, in its sole discretion, to terminate your access to the services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.

Modification of Terms and conditions of Service:

TradersGang may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register. As a part of registration process you agree to provide the site with current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or TradersGang has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TradersGang has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the site.

You shall be responsible for maintaining the confidentiality of your password.

You shall notify mail@TraderGang.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Confirmation:

You understand, declare and agree that:
  • TradersGang shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.


  • Seller shall be responsible to deliver the items to the Buyer within the time period specified for delivery by the Vendor.


  • Seller shall be solely responsible for any undelivered or damaged items.


  • Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.


  • Seller shall bill directly to the Buyer.


  • Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on TradersGang in this regard.


Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to TradersGang, TradersGang may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

  • If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of TradersGang;


  • If the User has provided wrong, inaccurate, incomplete or incorrect information;


Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the TradersGang will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless trading, TradersGang, its employees, directors, officers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

TRADERSGANG HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. TRADERSGANG EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT TRADERSGANG RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL TRADERSGANG BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF TRADERSGANG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRADERSGANG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TradersGang with respect to the sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TradersGang with respect to the sites/services. TradersGang.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Copyright © 2008 TradersGang.com. All Rights Reserved.