Terms and Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.cloudbuy.com website.

The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of jointly owned by cloudBuy and CII, www.ciitrade.in (hereinafter referred to as "website"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the website (the "User(s)") and ciitrade.in

Before you subscribe to and/or begin participating in or using website, www.ciitrade.in believes that user(s) have fully read, completely understood and accepted the agreement. If you do not agree to or wish not to be bound by agreement, you may not access or otherwise proceed with use of the website.

1. TERMS OF WEBSITE USE

1.1 This page (together with the documents referred in it) contains the terms and conditions subject to which we provide to you any of the ecommerce services (Services) listed on www.ciitrade.in eCommerce website (our website). Please carefully read these terms and conditions before ordering any Services using our website. You should understand that by ordering any of our Services, you agree to be unconditionally bound by these terms and conditions.

1.2 It is desirable that you download and store these terms and conditions for future reference.

2. WEBSITE- MERELY A VENUE/ PLATFORM

2.1 Our Website hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use this website by displaying it on your internet browser. This Website acts as a mere venue/ platform for our members to search, negotiate/ interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange.Our website does not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the transacting members only. User shall not upload, distribute, or otherwise publish through this website any of the Content, information, or other material that –

(a) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;

(b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or

(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or

(d) criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or

(e) using any information obtained from our website in order to harass, abuse, or harm another person;

Our Website assigns you a password and login id to enable you to access and use certain portions of our website. Each time you use a password and login id, you will be deemed to be authorized to access and use the website in a manner consistent with the terms and conditions of this Agreement.

3. YOUR STATUS

By placing an order for a Service through our website, you warrant that:

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by www.ciitrade.in . Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must satisfy all those conditions so as to enter into a valid contract as per the laws applicable in India.

www.ciitrade.in advises its users that while accessing the website, they must follow/ abide by the applicable laws. www.ciitrade.in is not responsible for the possible consequences caused by your behaviour during use of website. www.ciitrade.in may, in its sole discretion, refuse the service to anyone at any time without assigning any reasons. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. The service cannot be availed by temporarily or indefinitely suspended members of the website.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU i.e. www.ciitrade.in AND US

After placing an order for a Service, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted. (the Order Confirmation). The contract between you as a service receiver and us as a service provider (Contract) will only be formed when we send you the Order Confirmation.

www.ciitrade.in expects orders to be placed electronically, and the preferred mechanism is purchasing card or credit card.

cloudBuy PLC reserves the right to charge the amount as agreed for account creation, and as agreed for invoices and statements, for those customers who do not make payment by using credit card.

a. www.ciitrade.in is only a facilitator and makes available this marketplace/ platform for effecting electronically certain commercial transactions. www.ciitrade.in is not and cannot be a party to, or does not control in any manner, any transaction between the Buyers and Sellers. www.ciitrade.in does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website.

b. At the time of entering into a commercial transaction/ contractual relationship and thereafter, the Buyers and Sellers are responsible to ensure compliance with all the applicable commercial, contractual, tax-related laws depending upon their contractual responsibilities. www.ciitrade.in intends to create a marketplace for legally binding commercial transactions and does not in any manner support or advise or endorse any practices or transactions which are illegal, unethical or against the statutory provisions.

c. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial terms and conditions include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, transportation, guarantees/ warranties related to products and services and after sales services related to products and services. www.ciitrade.in does not have any control on these commercial terms or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

d. Sellers/ Suppliers are advised to independently verify the bona fides of the Buyers that they choose to deal with on the Website and use their own assessment methods, form opinions, decisions and judgment in that behalf. www.ciitrade.in does not make any representation or warranty as to the item-specifics (such as ownership, legal title, credit worthiness, identity, permissions/ approvals and/ or registrations etc.) of any of the Suppliers and/ or Buyers. It is the Seller’s/ Supplier’s responsibility to obtain all the requisite registrations, approvals, permissions, as the case may be for entering into any transaction and for selling the listed products.

e. www.ciitrade.in does not make any representation or Warranty as to specifics (such as product/ package contents, quality, size, dimensions, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. www.ciitrade.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

f. While making use of www.ciitrade.in classifieds and other services such as the discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the website shall be strictly governed by this policy for listing of your Classified which shall not violate the prohibited and restricted items policy.

g. Sellers/ Suppliers shall not offer for sale or supply or engage in any transaction in an item/ product or service, which is banned or prohibited by the provisions of any applicable laws of the land including exchange control laws or regulations for the time being in force.

h. www.ciitrade.in is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. www.ciitrade.in cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. www.ciitrade.in shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

i. www.ciitrade.in does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. www.ciitrade.in does not accept any responsibility for storage/ transportation etc. of products.

j. At no time shall www.ciitrade.in hold any right, title or interest over the products nor shall www.ciitrade.in have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. www.ciitrade.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

k. The Sellers/ Suppliers agree that it is their responsibility to ensure that the products offered for sale and the products which are sold do not suffer any adversities due to sub-standard or poor quality. They confirm and assume full responsibility for the products offered including with respect to their use, quality, contents etc. The Seller/ Supplier shall be responsible for keeping in stock the adequate number of items for successful fulfillment of sales. www.ciitrade.in shall not in any way be responsible for any of these responsibilities of the Sellers/ Suppliers.

l. The Sellers/ Suppliers understand, unconditionally accept and irrevocably agree that the payment facility provided by www.ciitrade.in is neither a banking nor a financial or lending service but is purely a facility for an electronic, automated online electronic payment and receiving facility.

m. The Buyers and the Sellers/ Suppliers shall, without any participation of www.ciitrade.in, independently agree with each other the manner and terms and conditions of commercial transaction including therein the description of products, customisation, delivery, payment, insurance, storage, transportation etc.

n. The Sellers/ Suppliers agree to keep indemnified at all times www.ciitrade.in from any claims, damages, costs, expenses from any third parties.

o. www.ciitrade.in reserves the right to change its Refund and Fee Policy from time to time. In particular, www.ciitrade.in may, at its sole discretion and without any prior notice, introduce new services and modify some or all of the existing services offered on the Website. In such an event www.ciitrade.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately, unless notified otherwise, after they are hosted on the Website.

p. For a transaction effected using www.ciitrade.in website, the Seller/ Supplier shall be liable to pay a Fee as agreed of the price/value of the transaction entered into by and between the Buyer and the Seller. Such payment will be made in favour of cloudBuy India Pvt. Ltd. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The Seller/ Supplier shall be solely responsible for compliance of all applicable laws including those in India for making payments to cloudBuy India Pvt. Ltd .

q. www.ciitrade.in reserves the right to refuse to allow or process transactions by defaulting sellers/ suppliers. For the purpose, Defaulting Seller or Supplier shall mean and include Seller/ Supplier who (a) has breached at any point of time in the past any of the terms and conditions agreed with www.ciitrade.inincluding the Policies made by www.ciitrade.in (b) is having a prior history of default in making payment of charges to cloudBuy India Pvt. Ltd, irrespective of whether the buyer has made the payment to the Seller/ Supplier, as the case may be and (c) has breached/violated the provisions of any law.

r. Fees mentioned should be received by cloudBuy India Pvt. Ltd on time. If for any reason cloudBuy India Pvt. Ltd do not receive payment, the Seller/ Suppliers agree that he/ they shall pay all amounts due upon demand by cloudBuy India Pvt. Ltd, irrespective of the fact that the said Seller/ Supplier has or has not received the consideration/ payment, whether in full or in part, from the Buyer.

s. In case of a default on the part of the Seller/Supplier to make the payment of such fees to cloudBuy India Pvt. Ltd, www.ciitrade.in reserves the right to suspend the facilities offered by it to the concerned Seller/Supplier including suspension of display on its website, of the products/services offered by such Seller/Supplier.

5. IT ACT, 2000 COMPLIANCE (Due Diligence to be observed by intermediary)

Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of subsection (2) of section 87 read with sub-section (2) of section 79 :

Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

6. ACCESSING OUR WEBSITE

6.1 Subject to these terms and conditions we grant to you a non-exclusive, non-transferable right to use our website to receive the Service that you have ordered. A description of the Service that you have ordered can be found on our website.

6.2 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without any prior notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

6.3 From time to time, we may at our sole discretion restrict access to some parts of our website, or our entire website, to users who have registered with us.

6.4 Without prejudice to paragraph 6.3, we shall use our reasonable endeavors to ensure that our website is functional at all times.

6.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

6.6 When using our website, you must comply with the provisions of our acceptable use policy.

6.7 You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

6.8 We reserve the rights to use your uploaded company logo and your company name in our promotional literature in both electronic and hardcopy format for promotional and advertising purposes. It is presumed that you have consented and permitted us to use these for our promotional literature unless you have specifically written to us for non-usage.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it, with the exception of intellectual property rights in data supplied to the Company by the Client which will remain with the Client. Those works are protected by copyright laws and treaties around the world. All such rights are reserved with the website.

7.2 We retain control over the lay-out and positioning of your website pages used on our website in relation to the Services the right to place acknowledgments concerning the design, hosting and programming of your Pages on each page display. We reserve the right to take down Your Pages if you interfere with our acknowledgement in any way whatsoever and to terminate these terms and conditions forthwith.

7.3 Should you decide to transfer Your Pages to another provider, the content of Your Pages can be provided to you but we give no guarantee Your Pages will work independently without some adjustment. We will charge you for any such adjustment carried out by us at your request.

7.4 You must not modify the paper or digital copies of any materials on our website that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.5 If you print off, copy, alter or tamper with, or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return any copies of the materials you have made.

7.6 You agree to fully, unconditionally and effectively indemnify us against any claims, demands, costs, professional fees and other expenses of any kind in relation to any breach by you of these terms and conditions and any breach or infringement of intellectual property rights whatsoever in relation to information you request us to put on Your Pages.

8. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Our website does not claim ownership of the "content" (in the form of information, data, text, software, products, files, images, messages or other materials) you provide to our website (including feedback and suggestions) or post, upload, privately transmit, input or submit to any website or service for review by the user. The ownership of this content is the sole responsibility of the person from which such content originated. This means that you, solely responsible for all Content that you upload, post or otherwise transmit via the Service.

9. OUR WEBSITE CHANGES REGULARLY

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. 'The User' agrees that our website shall not be liable to the User or any third-party for any modification or discontinuance of the Service.

10. PRICE AND PAYMENT

10.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious

10.2 The ‘Joining Fee’ is payable annually and not refundable.

10.3 For CII Members an amount as agreed will be charged Annually as a Joining Fee when the first successful transactions happens whereas for Non Members of website agreed fee has to pay at the time of joining itself.

* These rates are excluding taxes and subject to change at the sole discretion of management.

10.4 We will provide notice at 30, 20, 10 and 7 days prior to the expiry date of your Annual Fee. Such notice will be sent by email or SMS at your last recorded email address or SMS. It is your responsibility to intimate and update us of any changes in your contact details. In addition to notice, you will also receive an alert when logging into Your Pages. If payment is not made immediately on receipt of the notice and, in any event, before the expiry date then we reserve the rights to turn off Your website Pages without further notice and without liability.

10.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

10.6 Our website contains a number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when confirming the order. If a Service’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before confirming the order, or reject your order and notify you of such rejection.

10.7 We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

10.8 Payment for all Services must be made within fourteen (14) days of receipt by you of an Order Confirmation.

10.9 Business Transactions, Price/ Consideration, taxes and all commercial terms such as Storage, Delivery, and Dispatch of products and/or services are on Principal to Principal basis and shall be as per the bipartite contractual agreements between Buyer and Seller. www.ciitrade.in shall make available the payment facility for use by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render www.ciitrade.in liable or responsible for the non-delivery, non-receipt, non-payment, damage, loss in transit, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on www.ciitrade.in Website.

10.10 All payments made against the purchases/ sales/ services, as the case may be, on Website by the Buyers shall be compulsorily in Indian Rupees only. www.ciitrade.in shall not act as facilitator for conversion of foreign exchange or facilitate transaction in any other form of currency with respect to the purchases made on the Website.

11. OUR LIABILITY

11.1 The features and services on the website are provided on an "as is" and "as available" basis, and website 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. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Our website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality and stability, completeness of any product or service available on or through our website.

11.2 Our website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, delay in delivery of ordered product, failure of any email due to technical problems or traffic congestion on the Internet or on any of the website services or combination thereof.

11.3 Our liability in connection with any Service purchased through our website is strictly limited to the purchase price of that Service. Our website is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretenses and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control other Users, nor does website screen or/and censor or/and otherwise control the Users of its service. Website cannot and does not control the behavior of the participants on this website. We cannot control whether or not Users of the website will complete the transactions they describe on our website. It is extremely important that the user takes care throughout his dealings with other people on this website.

11.4 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.5 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12. VIRUSES, HACKING AND OTHER OFFENCES

12.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

12.2 You agree and warrant that any and all material of every kind which you store or display on Your Pages or transmit using our equipment should at all times be free from any and all damaging software defects, including, but not limited to, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, which may cause software or hardware disruption and failure, significantly reduced computer operating speed or compromise any security system and that all such materials shall at all times comply with all laws, including, but not limited to, all laws throughout the Globe and your local laws.

12.3 By breaching this provision, you would commit a criminal offense under The Information Technology act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

12.4 Our website will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

13. DATA PROTECTION

Our website is not responsible for any corruption, misguiding or missing of submitted data from you regarding credit card, debit card or any other e-payment detail, e wallet etc. Personal information supplied by user(s) during the use of the website is governed by our privacy policy. Please click here to know about our privacy policy. Registration Information and certain other information about you are subject to our Privacy Policy.

14. TERMINATION WITHOUT CAUSE

These terms and conditions may be terminated by either party at any time upon 7 days’ written notice delivered to the address of the relevant party or sent by e-mail for cloudBuy PLC to support email id or for you to your last recorded email address. On termination there will be no refunds, on any grounds, of any fees paid.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

You will receive an acknowledgement your communication and we aim to respond to all points of contact within 1 working day and aim to resolve any issues within 3 working days.

This condition does not affect your statutory rights.

16. NOTICES

All notices given by you to us must be given to www.ciitrade.in c/o cloudBuy India Private Limited, 4, Rama sadan, New pali Road, Bhagat ki kothi, Jodhpur, Rajasthan-342001.We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or actually received at above mentioned address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was sent by Registered Post AD and properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact detail of the Grievance Officer is provided below:

Name: Mr. Satish Joshi

Email ID: grievance.ciitrade@gmail.com

Timings: Monday - Friday 9 am to 5 pm

 

Registered Office:
cloudBuy India Private Limited,
4, Rama sadan,
New pali Road,
Bhagat ki kothi,
Jodhpur,
Rajasthan-342001.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

18.3 Our website may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1 Our website will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions or a Contract that is caused by events outside our reasonable control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.(e) Impossibility of the use of public or private telecommunications networks.(f) The acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under these terms and conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions or any Contract may be performed despite the Force Majeure Event.

20. WAIVER

20.1 If we fail, at any time during the term of these terms and conditions, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.

21. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract 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.

22. STATUTE OF LIMITATIONS

User and we agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms of Uses mentioned above, please do not read the material on any of our pages or do not accept our services.

23. ASSIGNMENT

No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, our website shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

24. ENTIRE AGREEMENT

24.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

24.4 In agreeing to this Agreement, you confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

25.1 Our website reserves the right to change any of the terms, conditions, and notices under which "The Service" are offered. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of 'The Service' constitutes your Agreement to all such terms, conditions and notices.

25.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

26. LAW AND JURISDICTION

Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory. www.ciitrade.in considers itself and intended to be subject to the jurisdiction only of the Courts of Mumbai, Maharashtra, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

27. ARBITRATION

Any and all disputes, controversies and conflicts (hereinafter referred to as "Disputes") arising out of this Agreement between the Parties hereto or arising out of or relating to or in connection with this Agreement and the performance or non-performance of the rights and obligations set forth herein or the termination or validity or interpretation or implementation or alleged breach of any provision of this Agreement shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any modifications and/or re-enactments thereof. Prior to submitting the Disputes to arbitration the parties hereto shall mutually resolve to settle the Disputes through mutual negotiation and discussions. In the event that the said Disputes are not settled within 30 days of the arising of the Disputes, the same shall finally be settled and determined by arbitration to be conducted by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. The sole arbitrator shall be mutually nominated and appointed by both parties. The award shall be enforceable in court of competent jurisdiction at Mumbai

28. WWW.CIITRADE.IN MAY SET AND ACCESS COOKIES ON YOUR COMPUTER.

These Cookies have been carefully chosen to facilitate certain functions and features of the Website. We also use Cookies for analytics purposes. These Cookies track your movements and activities on the Website and are designed to give us a better understanding of our users, thus enabling us to improve the Website and our services.

None of the Cookies set by the Website jeopardize your privacy in any way and no personal data is collected. By allowing the setting of our Cookies you are enabling us to provide the best possible experience and service to you through our Website. If you wish to deny your consent to the placing of Cookies, certain features of the Website may not function fully or as intended.

Certain features of the Website depend upon Cookies to function and are deemed, within the law, to be strictly necessary. You will not be asked for your consent to place these Cookies however you may still disable cookies via your web browser’s settings.

You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details, please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Website. You may delete Cookies at any time however you may lose any information that enables you to access the Website more quickly.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.

Date Last Modified

These Terms and Condition were last modified 20th April 2016.