Terms of Use
This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the MartHub web site which is identified by the uniform resource locator www.MartHub.com (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and MartHub.com ("MartHub").
Application of and Acceptance of Terms and Conditions.
For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with MartHub as a registered user or whether such User is a paying customer for a specific service provided by MartHub. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
MartHub may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting
Rights of MartHub.com
MartHub reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject MartHub to liability, violates this Agreement or is otherwise found inappropriate in MartHub's opinion. MartHub reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, MartHub may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and MartHub shall not be liable for damages or results thereof and User agrees not to bring any action or claim against MartHub for such disclosure. In connection with any of the foregoing, MartHub may suspend or terminate the Account of any User as MartHub deems appropriate in its sole discretion. User agrees that MartHub shall have no liability to User, including no liability for consequential or any other damages, in the event MartHub takes any of the actions mentioned in this Section, and that User agrees to bear the risk that MartHub may take such actions.
Transactions between Buyers and Suppliers
Through the Site, MartHub provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. MartHub does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, MartHub does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming 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 Site. 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. 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 Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense 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 defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that MartHub shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks
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 Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage
Disclaimer of Warranties and
Liability
All the contents of this Site are only for general information or use. They do
not constitute advice and should not be relied upon in making (or refraining
from making) any decision. Any specific advice or replies to queries in any part
of the Site is/are the personal opinion of such experts/consultants/persons and
are not subscribed to by this Site. The information from or through this site is
provided on "AS IS" basis, and all warranties, expressed or implied of
any kind, regarding any matter pertaining to any goods, service or channel,
including without limitation, the implied warranties of merchantability, fitness
for a particular purpose, and non-infringement are disclaimed and excluded.
MartHub.com and its parent, affiliates and associates shall not be liable, at
any time for damages (including, without limitation, damages for loss of
business projects, or loss of profits) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any of its contents, or from
any act or omissions as a result of using the Site or any such contents or for
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communications line failure,
theft or destruction or unauthorised access to, alteration of, or use of
information contained on the site. No representations, warranties or guarantees
whatsoever are made as to the accuracy, adequacy, reliability, completeness,
suitability or applicability of the information to a particular situation.
Certain links on the Site lead to resources located on servers maintained by third parties over whom MartHub.com has no control or connection, business or otherwise, as these sites are external to MartHub.com. You agree and understand that by visiting such sites you are beyond the MartHub.com website. MartHub.com therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
MartHub shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
MartHub is the sole owner or lawful licensee of all the rights to the Site and the MartHub Content. The Site and MartHub Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and MartHub Content shall remain with MartHub, its affiliates or licensors of the MartHub Content, as the case may be. All rights not otherwise claimed under this Agreement or by MartHub are hereby reserved.
Indian Law
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.