- This legal document is an electronic record in terms of Information Technology Act (hereinafter, the "Act") and the applicable rules thereunder.
- Our website http://www.intfoodexpo.com/ (hereinafter, the "Website") and our "intfoodexpo" application for mobiles and hand held devices (hereinafter, the "App") and its integrated systems thereunder, are jointly referred to as the "Platform" and fall within the definition of "intermediary" as defined in clause (w) of sub-section (1) of section 2 of the Act.
- The Platform is operated and owned by Market Samachar LLC, a limited liability corporation having its registered office at P O Box 2242 Edison, NJ 08818 USA.
- For the purpose of this electronic record, wherever the context so requires, the terms "you", "your", or "Licensee" shall mean and refer to any natural or legal person who has agreed to become an Exhibitor / Attendee on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer system/ mobile/ handheld device. The terms "intfoodexpo", "Licensor", "company", "we", "us" or "our" shall mean Market Samachar LLC.
- You may want to print a copy of these terms and conditions for future reference.
- This electronic record is generated by a computer system and does not require any physical or digital signatures.
- We license use of the Platform to you on the basis of these ToU. We do not sell the App or Website or the related integrated systems to you. We remain the owners of the Platform at all times.
- The phone or other hand-held device on which you download the App (hereinafter, "Device") requires a minimum of necessary free memory, Internet access and iOS or Android operating system.
- These ToUs apply and binding to the users registered on the Platform ("Users").
- Intfoodexpo enables transactions between the Users ("Exhibitors", "Attendees"), intfoodexpo and the intfoodexpo's partners, and any other merchant offering their services on the Platform to the Users ("Merchants"). The Users can choose and make transactions ("Orders") from variety of services listed and offered by intfoodexpo and / or the Merchants. Such services are collectively referred to as "Services".
- The terms of these ToUs apply to the Platform or any of the Services accessible through the Platform, including any updates or supplements to the Platform, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Platform or any Service, the terms of an open-source license may override some of the terms of this ToUs.
- We may modify or amend these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
- From time to time updates to the App may be issued through the Web, App Store or Google Play Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
- The platform may be under constant upgrades, and some functions and features may not be fully operational.
- You will be assumed to have obtained permission from the owners of any Device that is controlled, but not owned, by you and onto which you download or stream or access the Platform onto the Devices. You and any such owner may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with this ToU for the use of the Platform or any Service on or in relation to any Device, whether or not you own it.
- By using the Platform or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- Throughout these ToU, intfoodexpo's prior written consent means a communication coming from intfoodexpo's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization.
- Please be advised that any content posted by any individual/ legal entity on the Platform is their personal opinion and does not reflect intfoodexpo's views.
- By using the Platform, you acknowledge and agree that intfoodexpo is not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please use your best discretion while disclosing and/or sharing information on the Platform.
- You agree that intfoodexpo has no liability towards any damages arising out of your Order and/ or any goods and Services provided to you by the Merchants in respect of your Orders.
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or Merchants or other third parties will be limited to a claim against the particular members, partner Merchant or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
GRANT AND SCOPE OF LICENCE
- In consideration of you agreeing to abide by the terms of this ToU, the Licensor hereby grants to you a non-exclusive, non-transferable license to use the Platform on the Devices and the Documentation on the terms of this ToU.
- While using our Platform, you may do the following activities:
- Create only a single user or account on the Platform
- Download or stream or access the Platform onto a Device
- View, use and display the Platform for your personal purposes only.
USE OF PLATFORM AND SERVICES
- All commercial/contractual terms are offered by and agreed to between Users and Merchants alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. intfoodexpo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and Merchants. intfoodexpo may, however, offer support services to Merchants in respect of order fulfillment, payment collection, call-center, and other services, pursuant to independent contracts executed by it with the Merchants.
- Intfoodexpo does not make any representation or warranty as to the item- specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant and third party offers are subject to respective party terms and conditions. intfoodexpo takes no responsibility for such offers.
- Intfoodexpo neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or the services proposed to be sold or offered to be sold or purchased on the Platform nor do we implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. intfoodexpo accepts no liability for any errors or omissions, whether on behalf of itself or third parties
- intfoodexpo is not responsible for any non-performance or breach of any contract entered into between the Users and the Merchants on the Platform. intfoodexpo cannot and does not guarantee that the concerned Users and/or Merchants will perform any transaction concluded on the Platform. intfoodexpo is not responsible for unsatisfactory or breach of contract or non-performance of services or damages or delays.
- Intfoodexpo is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between the User and Merchant on the Platform come into or take possession of any of the products or services offered by Merchants on the Platform. At no time shall intfoodexpo hold any right, title or interest over the products nor shall intfoodexpo have any obligations or liabilities in respect of such contract entered into between the Users and the Merchants.
- Intfoodexpo is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the User. In case of complaints from the Users pertaining to efficacy, quality, or any other such issues, intfoodexpo shall notify the same to Merchant and shall also redirect the User to the consumer call center of the Merchant. The Merchant shall be liable for redressing User complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
- Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Except as expressly set out in this ToU or as permitted by any local law, you undertake:
- Not to copy the Platform or Documentation except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security.
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or Documentation.
- Not to make alterations to, or modifications of, the whole or any part of the Platform, nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs.
- Not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Platform nor attempt to do any such thing.
ACCEPTABLE USE RESTRICTIONS
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- Belongs to another person and which you do not have any right to
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
- Is misleading or misrepresentative in any way
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
- Contains video, photographs, or images of another person without their consent
- Harasses or advocates harassment of another person
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a persons name and/or details) or rights of publicity
- Provides instructional information about illegal or immoral activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for any purpose from other users
- Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products on the Platform without our prior written consent
- Solicits gambling or engages in any gambling and anti- social activity which could be construed illegal
- Interferes with another user's usage and enjoyment of the Platform and Services
- Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these ToU
- Harms minors in any way
- Infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy
- Be fraudulent or involved in the sale of counterfeit or stolen products
- Violates any law for the time being in force
- Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- Impersonate another person
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
- Threatens the unity, integrity, defense, security or sovereignty of India and its friendly relations with foreign states, or public order, or causes incitement to the commission of any criminal offence, or prevents investigation of any offence or is insulting any other nation
- Is false, inaccurate or misleading
- Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
- Creates liability for us or causes us to lose (in whole or in part) the services of our Internet service provider or other suppliers.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other User, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name intfoodexpo, or otherwise engage in any conduct or action that might tarnish the image or reputation, of intfoodexpo or Merchant on platform or otherwise tarnish or dilute any intfoodexpo's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or intfoodexpo's systems or networks, or any systems or networks connected to intfoodexpo.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
- From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
- You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
- We reserve the right, but are not obligated to monitor the materials posted on the Platform. intfoodexpo shall have the right to remove or edit any content that in its sole discretion allegedly violates any applicable law or these ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall intfoodexpo assume or have any responsibility or liability for any Content posted, or for any claims, damages or losses resulting from such Content. You hereby represent and warrant that any content posted by you on the Platform does not violate the proprietary or intellectual property rights of any individual/ legal entity.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. While we don't approve of such patently illegal actions, You acknowledge and agree that intfoodexpo is not responsible for any such acts by others. Please carefully select the type of information that you publicly disclose.
- Intfoodexpo shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
- You shall not:
- Use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this ToU, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any operating system.
- Infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service (to the extent that such use is not licensed by these ToUs).
- Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
- Use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, and
- Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Platform and the Documentation anywhere in the world belong to the Licensor or are validly licensed to the Licensor, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the Documentation other than the right to use them in accordance with the terms of this ToU.
- You acknowledge that you have no right to have access to the Platform in source code form. If any misuse or violation of intellectual property right, we reserve our right to obtain injunction order against you from appropriate forum.
LIMITATION OF LIABILITY
- You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform as described in the Documents meet your requirements.
- We only supply the Platform and Documents for domestic and private use. You agree not to use the Platform and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our maximum aggregate liability under or in connection with this ToU whether in contract, negligence or otherwise, shall in all circumstances be limited to the Order Value of the disputed Order.
We may terminate this ToU immediately without notice to you if you commit a material or persistent breach of this ToU. Upon termination for any reason:
- All rights granted and activities authorized to you under this ToU shall cease.
- You must immediately delete, or remove the App from all Devices, and immediately destroy all copies of the App and certify to the Licensor that you have done so.
TRANSFER OF RIGHTS AND OBLIGATIONS
- This ToU is binding on you and us, and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of this ToU, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of this ToU, or any of our rights or obligations arising under it, at any time during the term of the ToU without notice to You.
COMMUNICATION BETWEEN US
- If you wish to contact us, or if any condition in this ToU requires you to give us notice in writing, you can send us an e-mail on email@example.com or send us a registered prepaid post to P O box 2242, Edison, NJ 08818 USA. The communication will be considered delivered only upon our confirmation to you of the same.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the addresses you provide to us in your request for the Platform.
- Neither party shall be in breach of this ToU nor liable for delay in performing, or failure to perform, any of its obligations under this ToU if such delay or failure results from Force Majeure or are attributable to events, circumstances or causes beyond reasonable control.
- If any of the terms of this ToU are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- A waiver of any right or remedy under this ToU is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by any party to exercise any right or remedy provided under the ToU shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- This ToU constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the licensing of the Platform and the Documentation.
- Each party confirms it is acting on its own behalf and not for the benefit of any other person.
ORDER CANCELLATION AND REFUND POLICY
- As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, intfoodexpo shall have a right to charge you cancellation fee as per mentioned with the booth rate details, with a right to either not refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our partners.
- Once you have submitted your order via intfoodexpo, our partner Merchants and Us reserve the right to cancel that order. Where you have already made payment for an order that is subsequently cancelled, we will refund the amount paid by you in relation to that order directly via your chosen mode of payment or via intfoodexpo Credit in the form of discount coupons. In case you have made the payment via cash, the refund will mandatorily be via intfoodexpo credit in the form of discount coupons.
- All refunds will be initiated with 30 business days.
- The platform may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards/ UPI/ Bank Accounts/ Wallets.
- You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchants services.
- We disclaim all liability that may arise due to any violation of the FSSAI Act and other applicable rules and regulations under the law in force and such liability shall be attributable to the Merchant alone.
- While the materials provided on the platform were prepared to give accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
- We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein or on the Platform.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any Services provided by any third party or Merchant which is accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
LAW AND JURISDICTION
This ToU shall be governed by, subject to, and construed in accordance with the laws of India. Any dispute arising in relation to or out of the usage of the intfoodexpo Platform and its integrated services shall be subject to the exclusive jurisdiction of the courts at Edison, NJ city.