Event of the Day

Terms & Condition:

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.


THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND “THE TRADEBOOK” (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND “THE TRADEBOOK” FOR THE USE OF THE WEBSITE (DEFINED BELOW).


THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.



General:

1.1

“The Tradebook” is a portal with its registered office at 302, Ajay Towers, Bittan Market, Bhopal, India – 462 016



1.2

These Terms of Use are subject to revision by “The Tradebook” at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when “The Tradebook” last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. “The Tradebook” may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.3

If there is any conflict:

(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;

(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;

2.

Services:

2.1

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) a platform to create their Individual/Business/Trade profile/trade Page/Selling (b) a platform to exchange their personal/business information with other users. (c) Platform where a user receive/send follow/friend request, can send & receive like/comments on his/others various activities. (d) Allowing other Store provides a platform for Users (who are users/sellers/organisations) to advertise, exhibit, make available and offer to sell various Products/events to other Users (who are buyers / customers), and (e) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (f) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (g) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

Eligibility to Use

3.1

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the “The Tradebook” system by “The Tradebook” for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between “The Tradebook” and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2

“The Tradebook” reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from using its services, or otherwise transferring Your Account to another person.


User Account, Password and security

4.1

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

4.2

Registered users: “The Tradebook” makes certain sections of the Services available to You through the Website only if You have provided “The Tradebook” certain required User information and created an account and a “The Tradebook” ID through certain log-in ID and password ("Account").


In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify “The Tradebook” of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. “The Tradebook” cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by “The Tradebook” or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.


You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.


If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or “The Tradebook” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “The Tradebook” has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.


User Obligation And Role of “ The Trade Book”

5.1

Subject to compliance with the Agreement(s), “The Tradebook” grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

5.2

You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

5.3

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.

5.4

You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by “The Tradebook”. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

5.5

If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.

5.6

You hereby grant “The Tradebook” a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

5.7

You agree that You are solely responsible to “The Tradebook” and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which “The Tradebook” or its affiliates or its vendors may suffer) for any such breach.

5.8

“The Tradebook” does not pre-screen User Content. “The Tradebook” has no obligation to monitor any User Content. However, “The Tradebook” at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if “The Tradebook” determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where “The Tradebook” removes any User Content from the Website, “The Tradebook” will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute “The Tradebook”'s position as an intermediary or impose any liability on “The Tradebook” with respect to User Content.

5.9

You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

5.10

You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.


Use Of Content

6.1

Except as expressly indicated to the contrary in any applicable Additional Service Terms, “The Tradebook” hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

  • You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

  • You may not modify or alter product catalogues available on the Website;

  • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

  • You may not remove any text, copyright or other proprietary notices contained in the product



Any software that is available on the Website is the property of “The Tradebook” or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of “The Tradebook”.


Intellectual Property Right

7.1

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by “The Tradebook” or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. “The Tradebook” reserves the right to change or modify the Content from time to time at its sole discretion.

7.2

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of “The Tradebook” or their users, vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of “The Tradebook”, the vendor/seller or the third party that may own the Marks.

7.3

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, “The Tradebook” owns all intellectual property rights to and into the trademark "Tradebook”", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7.4

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from “The Tradebook” or thirty party owner of such Content.


Disclaimer of Warranties & Liability

8.1

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY “THE TRADEBOOK” ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, “THE TRADEBOOK” MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “THE TRADEBOOK” OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

8.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, “THE TRADEBOOK” WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. “THE TRADEBOOK” ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

8.3

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW “THE TRADEBOOK” WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. “THE TRADEBOOK” HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT “THE TRADEBOOK” NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. “THE TRADEBOOK” SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, “THE TRADEBOOK” SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND “THE TRADEBOOK” 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. “THE TRADEBOOK” IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. “THE TRADEBOOK” ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

.

Indemnification & Limitation of Liability

9.1

You agree to indemnify, defend and hold harmless “The Tradebook”, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

9.2

“The Tradebook” may notify You of any claims which You shall be liable to indemnify “The Tradebook” against. You will then be required to consult with “The Tradebook” regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of “The Tradebook” without the express prior written consent of “The Tradebook” which can be withheld or denied or conditioned by “The Tradebook” in its sole discretion.

9.3

Notwithstanding anything to contrary in the Agreement(s), “The Tradebook”'s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to “The Tradebook” under the relevant order to which the cause of action for the liability relates.



9.4

Notwithstanding anything to contrary in the Agreement(s), in no event shall “The Tradebook”, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not “The Tradebook” has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.


Governing Laws And Juridiction

10.1

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and “The Tradebook” shall be governed in accordance with the laws of India without reference to conflict of laws principles.

10.2

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and “The Tradebook” shall be subject to the exclusive jurisdiction of the courts at Bhopal, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.