Terms of Use

This website https://sauda360.com and/or its mobile application (Site) is a B2B marketplace/platform and promotes business between suppliers and buyers within India or internationally. It is owned and managed by Armayo Ecommerce Private Limited (Company, We, Us). The expressions You, Your or User(s) refers to any person who accesses or uses the Site for any purpose.

Any and all use of this Site is subject to, and constitutes acknowledgment and acceptance of, this terms and conditions of use which is an agreement between You as the user of the Site and the Company (Agreement and/or Terms).

The Agreement has been segregated into various heads only for ease of reference. This in no way define, limit, construe or describe the scope or extent of each such section.

The Agreement contains various legal obligations; hence You are advised to please read them carefully. If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Site in any manner.

1. APPLICABILITY

This Agreement applies to any person who accesses or uses the Site or uses the Company Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Site, under actual or apparent authority. The User(s) may use this Site and/or the Company Services solely for their commercial/business purposes.

This Agreement applies to all services offered on the Site and by the Company, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Site. This Agreement shall govern the User's usage of the Company Services and this Site.

2. ACCEPTANCE

By continuing use of this Site or the Company Services or by subscribing to or interacting with other user(s) or entering into negotiations in respect of sale or supply of goods or services, in any manner for any purpose, You agree, without limitation or qualification, to be bound by, and to comply with these Terms and any other posted guidelines or rules applicable to the user of the Site.

The Company reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Site. If you do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

You undertake and agree that You have fully read, understood and accepted the Agreement.

3. PLATFORM

The Site acts as a transparent platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. The Company or Site are not parties to any negotiations that take place between the User(s) of the Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Site. The Company shall mainly act as an aggregator and provide a platform to the buyer and the Seller for purchasing goods and/or services as provided on the Site.

The Company or the Site does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase including payment obligations.

The User shall do its own due diligence before entering into any transaction with other users on the website. The Company shall not be liable in any manner for any loss suffered by You and/or other User pursuant to the same.

4. COMMISSION AND PLATFORM CHARGES

You understand that you might be liable to pay platform charges for the usage of the Site. Further, by accepting these Terms, You agree to pay the Company a commission in timely manner for every trade made on the Site in accordance with the amount as provided by you while logging the trade on the Site (and such amount being verified and accepted by the Company).

You undertake to be legally bound by this Agreement for the payment of the same and further agree that the Company and/or the Site shall have necessary remedies including remedies of injunction, specific performance, and other equitable relief for any threatened or actual breach.

5. ELIGIBILITY

The Site and the Company Services are available only to those individuals, firms or companies who can form legally binding contracts under the applicable laws, including the Indian Contract Act, 1872. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use the Site or the Company Services.

If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept the Terms under this Agreement and you have the authority to bind that business entity to this Agreement.

The Site is not available to persons whose membership/account has been suspended or terminated by Company at its sole discretion. The Company at its sole discretion reserves the right to refuse the access of the Site or the Company's Services to anyone at any time.

6. USE OF THE SITE

(a) User Representations and Warranties

By using the Site and/or the Company Services, You represent and warrant that: (i) all registration information submitted is truthful and accurate; (ii) you will maintain the accuracy of all such information; (iii) you are 18 years of age or older; (iv) you are not in violation of any applicable law or regulation in your use of the Site.

(b) Third-Party Content

You understand that the Company does not own any third-party content nor have any of the Company's associates/affiliates, directors, officers or employees entered into any sales agency relationship with such third party by virtue of the display of the third-party content on the Site.

(c) Lawful Use

You agree to use this Site only for lawful purposes, and in a lawful manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may be defamatory, obscene, pornographic, paedophilic, invasive of privacy of any person, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws.

(d) Limitation of Liability

You are aware that in no event the Site or the Company will be liable for any damages whatsoever, including, without limitation, indirect or consequential damages whether in action of contract, negligence, or other tortuous action, arising out of or in connection with the use of the Site. The User shall be liable to indemnify the Company upon such an event.

(e) Intellectual Property

You agree that You shall not copy, reproduce or download any information including text, images or video clips available on or through the Site, for the purpose of re-selling or re-distributing content available on the Site or performing any act that could otherwise commercially exploit the contents of the Site or the infringe the rights of the Company.

(f) Prohibited Trading

You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law for the time being in force.

(g) Trading Restrictions

You agree to not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in or: (i) buy the same goods which You are selling on the Site; (ii) sale the same goods which You propose to buy on the Site; and (iii) resale goods purchased on the Site, in any manner.

(h) Truthful Communication

You shall not deceive or mislead any User or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.

(i) Platform Modifications

You are aware that the Company reserves the right to limit, deny or modify access to the Site and its features, to change any features or introduce new features without prior notice.

(j) System Security

You shall not perform any act or undertake any scheme which could compromise the integrity of the computer systems or networks or attempt to gain unauthorized access to such computer systems or networks used by the Company and/or any other User.

(k) Intellectual Property Rights

You agree that you will not use the Site or the Company Services to infringe any intellectual property rights, whether belonging to the Company, its Users or a third party.

(l) Account Termination

The Company reserves the right to terminate the access to the Site for a User upon any infringement of its obligations mentioned herein, or if the Company believes that the conduct of any User is harmful to the interests of the Company, its affiliates, or other users, or for any other reason in the Company's sole discretion.

(m) Required Approvals

By acceptance of this Agreement and these Terms, You hereby agree that you have obtained all requisite consents, licenses, approvals and permissions from all requisite governmental and statutory authorities for the goods and services you will provide on the Site.

(n) Third-Party Links

Links to third party sites are provided on the Site as a convenience to Users. You acknowledge and agree that the Company does not have any control over the content of such websites and/or any information, resources or materials provided therein, does not monitor such websites of third parties and shall in no manner be deemed to be liable or responsible to any person for such use of the third-party websites.

(o) Technical Issues

Though we take all necessary precautions to ensure seamless transactions and maintain the website for its effective operation and usage, there may be technical and operational glitches which might affect the users. The Company shall not be liable for any loss caused to the user due to the technical glitch not actively attributable to the Company.

7. INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner and the lawful licensee of all the rights to the Site and its content (Site Content). Site Content means the design, layout, logos, brand, text, images, graphics, sound, video etc. of or made available on the Site. The Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property.

All title, ownership and intellectual property rights in the Site and the Site Content shall remain in the Company or its affiliates, as the case may be. All rights, not otherwise claimed under this Agreement by the Company, are hereby reserved.

The Company respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.

8. LINKS TO THIRD PARTY SITES

Links to third party sites are provided on Site as a convenience to User(s) including for that of the logistics provider and bankers/financial facility provider. User(s) acknowledge and agree that the Company does not have any control over the content of such websites and/or any information, resources or materials provided therein.

The Company may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties (Third Party Websites). The Company advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites.

9. REGISTERED USER(S)

The Site as a platform will only be accessible to the registered User(s) of the Site. To become a registered User(s) of the Site a proper procedure has been made available on the Site which is for the convenience of User(s) so that they can easily use the website.

User(s) can become registered User(s) by filling an on-line registration form on the Site by providing the required information (including name, contact information, details of User(s) business, PAN card, GST number etc). The Company will establish an account ("Account") for the User(s) only upon successful verification of the details provided.

You are responsible for safeguarding the Password to your Account. You agree not to disclose Your password to any third party. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of Your account.

10. INTERACTION BETWEEN USERS

User(s) are cautioned that there may be risks of dealing with people acting under false pretences on the Site. Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). However, the Company cannot and does not confirm each User(s)'s purported identity on the Site.

User(s) agree to fully assume the risks of any transactions (Transaction Risks) conducted on the basis of any content, information or any other material provided on the Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services.

The Company is only providing a platform for communication, and You agree that the contract for sale of any of the products or services shall be a contract between the seller and the buyer. You are solely responsible for all of the terms and conditions of the interactions or transactions conducted on the Site.

11. TERMINATION

The Company reserves the right to terminate access to certain areas or features of the Site (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s).

The Company also reserves the right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of the Company and/or other user(s) of the Site. The Company shall not be liable for any loss caused due to the termination or denial of access to the Platform.

12. DATA PROTECTION

The Company may use the information provided by You in regard to the goods and services or as part of creating an Account on the Site (User Information), to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The User Information does not qualify as Sensitive Personal Data/Information.

Personal information supplied by User(s) during the use of the Web Site is governed by the Company's Privacy Policy .

13. LIMITATION OF LIABILITY/DISCLAIMER

The Company hereby expressly disclaims 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, product and/or services.

The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site including display or listing of tenders on the Site.

The content on the Website is user generated. It is not intended to amount to advice on which you should rely, including, but not limited to, financial or investment. Any trading activities is conducted through and/or with the specific trading venues and not with us.

14. NOTICES

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to the Company at office@sauda360.com.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, email address provided by the User(s) on the Site, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.

15. GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts at Chhattisgarh, India.

16. MISCELLANEOUS

Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

The Company's failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be the Company's waiver of that right or Company's waiver of the right to act with respect with subsequent or similar breaches.

Any complaints or concerns with regards to any content on the Company's Services or any breach of this Agreement or Privacy Policy can be directed to the Company, through an email signed with the electronic signature sent to support@sauda360.com.