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PROCUREMENT GUIDELINES

Welcome to the Metaslplanet.Com (the "Website"") which is operated and maintained by E-commerce vertical of Toyota Tsusho India Private Limited (“TTIPL”)

The Website enables Buyers, who have created an account to place Orders for purchase and supply of Materials listed by enlisted Sellers on the Website (“Marketplace Services”).

TTIPL wishes to maintain a safe, fair, and enjoyable marketplace for both Buyers and Sellers. In the event the user is a Buyer, we ask that you review and understand our policies, including the Terms of Use and Privacy Policy, before you register and place an order or bid on any Material(s) through the Website. By completing the registration process, the Buyer is agreeing to TTIPL’s E-commerce rules and policies that shall govern and regulate all of Buyer’s transactions through the Website.

Additionally, in the event TTIPL or a third party provides/makes available third-party services, such services made available by the third party on the Website, shall be subject to terms, guidelines and conditions published on their Website and made available to the Buyer. TTIPL does not represent, takes liability, in anyways either directly or indirectly control, or conduct any activities thereto or otherwise.

We would like to assure the Buyer that our policies are intended to (i) follow laws and regulations; (ii) minimize risks to buyers and sellers; (iii) make sure that no one has an unfair advantage (iii) create an enjoyable buying experience; (iv) protection of Intellectual Property Rights.

TTIPL retains the right to, at any time at TTIPLs’ sole discretion, deactivate or otherwise restrict Buyer from accessing or using the Website in the event of: (i) a violation of this Agreement, (ii) Buyer’s disparagement of TTIPL, (iii) Buyer’s violation of laws, or violations of the Terms of Use as set forth within the Platform, or (iv) Buyer’s act or omission that causes harm to TTIPLs’ brand, reputation or business, each as determined by TTIPL in its sole discretion. TTIPL also retains the right to deactivate or otherwise restrict Buyer from accessing or using the Website for any other reason at the sole and reasonable discretion of TTIPL.

  1. Website Access: User Accounts

    1. In order to access the Website and/or Marketplace Services offered on and through the Website, you must register on the Website to create an account. You shall be solely responsible for maintaining the confidentiality and security of the account, and for all activities/transactions that occur on or through the account, and you agree to immediately notify Website of any security breach of your account.
    2. TTIPL shall not be responsible for any losses arising out of the unauthorized use of your account. As an account holder and user of the Website, you agree to comply with these guidelines and you acknowledge that TTIPL has the right to enforce those guidelines, as it deems appropriate in its sole discretion. You agree to provide accurate and complete information when you register with, and as you use, the Website ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that TTIPL may store and use the Registration Data, you provided for maintaining the Buyer’s account.
  2. Use of Website Content

    1. Except as expressly provided in these Guidelines or the Terms of Use, no part of the Website Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TTIPL’s express prior written consent from the authorized person.
    2. Restricted Activities:
      1. You may 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 Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
      2. TTIPL reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any TTIPL server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
      3. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of TTIPL, including any TTIPL account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
      4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TTIPL’s systems or networks, or any systems or networks connected to the Website or to TTIPL. You agree not to use any device, software or router to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
      5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TTIPL on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
      6. You may not use the Website Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes the rights of TTIPL or others. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Website (or any part thereof) for any purpose. Your information and your activities on Website shall not, in TTIPL’s sole and reasonable discretion: (a) be false, inaccurate or misleading or reflect negatively on TTIPL; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
  3. Our right to use Registration Data

    TTIPL may use Registration Data in a number of different ways, including it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses: (a) a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Website: and (b) a royalty-free, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Website.

  4. Ordering Process
    1. Upon successful registration by the Buyer on the Website, the Buyer is enabled to view the Material(s) listing pages, wherein the quantity of Material(s) available for placing order(s) on listed price of the Material(s) available for the Buyers. The Buyer will be enabled to place an Order by providing quantity details.
    2. Buyer cannot modify any Order or make any other changes after the conformation & acceptance of Order by the Seller. If there are any modification in the agreed Order, then the Buyer shall contact TTIPL within 24 hours from the time of the Order, in which case the Parties shall work together to modify the Order based on Seller’s dispatch status. In case of revised dispatch cost or any other cost implication, then such cost shall be borne by Buyer.
  5. Delivery and Acceptance
    1. The Buyer is required provide the correct shipment details. In the event, there is an error in providing such shipment details, the Buyer shall be liable for any additional costs incurred.
    2. Title to the Materials manufactured and /or sold by a Seller vests on the Buyer upon delivery, inspection and acceptance by Buyer, provided that Buyer has made the full payment for such Materials to TTIPL/Seller.
    3. TTIPL shall cause the Seller to dispatch the Materials to the Buyer within 3 working days of the Order being placed by the Buyers through the Buyer’s account. Buyer shall notify TTIPL when the Materials have been received as per the Order. The Buyer may reject any portion of the Order of the Materials within 24 hours from the time of receipt of Material. If there is any mismatch from the original Order.
    4. The Buyer is required to raise a formal complaint at contact@metalsplanet.com within24 hours from the delivery. Upon receipt of request from Buyer, TTIPL will work with the Seller in an effort to determine whether rejection is necessary or justified. In the event, that the Materials are rejected in accordance with the terms herein, Seller shall refund as per clause 7 below .
  6. Payments, Taxes & Refund Policy
    1. You agree to pay the applicable charges for Materials you purchase through the Website. The charges paid by you shall be inclusive of applicable taxes or any such applicable charges that may attract for each transaction.
    2. Your total price shall include the price of the Material (as per the Seller’s invoice) plus charges/ fees and any applicable taxes; such tax is based on the bill-to & ship –to address and the tax rate in effect at the time of Invoice. With regard to Order placement or Cancellation /the Prices for the Materials offered by Seller(s) will be a fixed via the Website may change at any time, and the Seller and/or TTIPL does not provide price protection or refunds in the event of a price reduction or promotional offering.
  7. Cancellation, Refunds and Credits
    1. Upon payment is made by you and transaction becoming successful, you cannot cancel an Order, unless TTIPL confirm to such technical errors (e.g. pricing and/or Material related errors) or the Order is in violation of this Agreement or any applicable law or regulations as stated in Clause 5.3 and 5.4 and subject to timeline stated in clause 7.2 below. If there are any errors in the Materials the Buyer should contact TTIPL immediately. If TTIPL in its sole discretion determines that the Buyer has unduly cancelled an Order, TTIPL may temporarily or permanently deactivate or otherwise restrict Buyer from accessing or using the Website and/or suspend or terminate this Agreement, with reasonable written prior notice.
    2. TTIPL is responsible for handling all refunds and refund requests pertaining to the Materials sold on the Website. You will have 2 working days from the date of delivery of the Material to request a refund. TTIPL has discretion to issue a credit or refund to you in the event that TTIPL determines that such credit or refund is appropriate. If a Material becomes unavailable following a transaction but prior to delivery, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Material, your exclusive and sole remedy is to refund of price paid. Any payment made through the credit card, applicable fees shall be deducted while making the refund. Without any valid and approved reason for refund request will not applicable.
    3. In the event of damage/loss during transit, the Buyer shall immediately report the same to contact@metalsplanet.com as per clause 5.4 above, along with photographs so as to enable TTIPL to lodge a claim with the insurance company [as may be applicable]. In case of Insurance claim’s TTIPL responsibility of processing refunds/reimbursement etc. shall be limited to the amount of claim approved and processed by the Insurance Service Provider. The timelines stated in Clause 7.2 above shall not apply to insurance claims.
  8. Confidentiality

    You further agree that the Website, (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable laws and same shall be maintained while you are associated with the Website. .

  9. Intellectual Property Ownership
    1. Technology. You acknowledge and agree that WEBSITE or its licensors own all legal right, title and interest in and to the Website, including any source code, data or other technical material related to the Website as well as any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist (“Website Content”).
    2. Subject to the limited licenses set forth in these Guidelines and/or the Terms of Use, nothing in this Agreement transfers or assigns to you any of TTIPL’s intellectual property rights in our Website Content, TTIPL Marketplace Services, including, without limitation, any source code to other services provided by TTIPL or any third party service provider through the Website (collectively, "our Intellectual Property").
    3. Trademarks - TTIPL, the TTIPL logo, and other TTIPL trademarks, service marks, graphics, and logos used in connection with Website are trademarks or registered trademarks of TTIPL and/or its affiliates in other countries/jurisdictions.
    4. Other trademarks, service marks, graphics, and logos used in connection with Website may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website.
    5. TTIPL has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of TTIPL and/or others.
  10. REPRESENTATIONS AND WARRANTIES
    1. The Buyer represents and warrants that the statements contained in this article 10 are true, correct and complete as on the date, the Buyer Registers with the Website

      1. The Buyer has the full power and authority to enter into this Agreement and perform any obligations hereunder;
      2. The Buyer shall comply with all applicable laws and regulations governing this Agreement;
      3. In relation to the transactions contemplated in this Agreement, neither the Buyer, its directors, officers, or, to the knowledge of Buyer, any agent or affiliate of Buyer has made, offered or authorized or will make, offer or authorize any payment, gift, promise or other advantage, whether directly or through another person or entity, to or for the use or benefit of any government official or any entity or other person where such payment, gift, promise or any other advantage;
      4. The payments due for Orders shall be completed and/or fulfilled at the time of placing the Orders, without any delays; and
      5. It will comply with the specifications set out in the Agreement and annexes hereto.
    2. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL AS PER APPLICABLE LAWS WILL APPLY TO YOU AND TTIPL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. EXCEPT AS EXPRESSLY STATED HEREIN, TTIPL DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TTIPL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, OR ANY SERVICES THEREOF WILL OPERATE SECURELY OR WITHOUT INTERRUPTION. THE WEBSITE AND MARKETPLACE SERVICES PROVIDED BY TTIPL HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE TTIPL SITE AND EXTENSIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE TTIPL SITE AND ANY EXTENSIONS.

      1. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
      2. TTIPL reserves the right to do any of the following, at any time, with or without notice: (1) to modify, suspend operation of or access to the Website or any portion of the Website, for any reason; (2) to modify or change the Website or any portion of the Website, and any applicable policies or terms; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non routine maintenance, error correction, or other changes; or (4) block any user’s right to access the Website or any user name, user handle or other identifier, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity.
      3. **Please check our website regularly for updates in this regard [Notice Dashboard]

  11. LIMITATION OF LIABILITY

    TTIPL, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND SUPPLIERS WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE BUYERS TRANSACTIONS ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, TTIPL'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE NUMBER OF CLAIMS, RELATED OR NOT, IS LIMITED TO THE PAYMENT MADE BY YOU WITH RESPECT TO THE ORDERS PLACED BY YOU ON THE WEBSITE.

  12. INDEMNITY

    You agree to indemnify and hold TTIPL, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TTIPL by any third party due to or arising out of or in connection with your use of the Website. BY USING WEBSITE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TTIPL, AND TO HOLD TTIPL HARMLESS AND INDEMNIFY TTIPL WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY TTIPL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE TTIPL OR RECOVER ANY DAMAGES WHATSOEVER FROM TTIPL AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO WEBSITE, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TTIPL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

  13. VIOLATION OF TERMS

    TTIPL may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TTIPL’s rights or property, or the rights or property of visitors to or users of the Website, including TTIPL’s customers. TTIPL reserves the right at all times to disclose any information that TTIPL deems necessary to comply with any applicable law, regulation, legal process or governmental request. TTIPL also may disclose your information when TTIPL determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that TTIPL may preserve any transmittal or communication by you with TTIPL through the Website or any service offered on or through the TTIPL Site, and may also disclose such data if required to do so by law or TTIPL determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TTIPL, its employees, users of or visitors to the Website, and the public.

  14. Suspension or Termination
    1. Termination by TTIPL. You agree that TTIPL may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines, which may be associated with your use of the Website. You may not use the Website to impersonate or misrepresent yourself as another person, a TTIPL employee, or otherwise misrepresent your affiliation with a person or entity (TTIPL reserves the right at any time to reject, reclaim, modify or block any user, user name, user handle or other identifier, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity, or for any other reason at TTIPL’s sole discretion). You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to TTIPL, for which monetary damages would be inadequate, and you consent to TTIPL obtaining any injunctive or equitable relief that TTIPL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TTIPL may have at law or in equity. You agree that TTIPL may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Without prejudice to TTIPL’s rights above, TTIPL can take any legal action against you as a result of your violation of this Agreement, and shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TTIPL. You agree that TTIPL will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
  15. Your Termination.

    You may terminate your account and/or stop using the Website at any time. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

  16. Effect of Termination.

    Upon termination of your account, you lose all access to the Website, any data stored thereon, and your account name and Content. TTIPL will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to Website.

  17. No Agency

    You and TTIPL are independent contractors, and this Agreement does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. You will not represent otherwise.

  18. Notices

    TTIPL may send you notices with respect to the Website by publishing the same so as to make it visible upon access of the Account. Notice shall be deemed given 24 hours after such notification has been published on the Website/Accounts, as the case maybe. Alternatively, we may give you notice by e-mail at your registered e-mail address. In such case, notice shall be deemed given immediately upon delivery.

  19. Law and Venue

    Upon completion of Registration formalities by the Buyer, these Guidelines will form a valid Agreement between TTIPL and the Customer and will be construed as if both parties jointly wrote it, governed by Indian law(s) except for its conflicts of laws principles, and any cause of action arising under or relating to this Agreement must be brought exclusively in a court in Bengaluru, India.

  20. Privacy Policy

    You understand that by using Website, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with TTIPL’s Privacy Policy. For more information, please read our full privacy policy.

  21. MISCELLANEOUS
    1. If any provision of this Agreement or any policies is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may also be subject to separate terms that may apply when you use affiliate services, third party content, or third-party Website Content.
    2. You agree that this Agreement and all incorporated agreements may be automatically assigned by TTIPL in our sole discretion.
    3. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of TTIPL. Any non-conforming assignment shall be null and void.
    4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. [8] (Confidentiality), [9] (Intellectual Property Ownership), [14] (Suspension or Termination), [7] (Refunds & Credits), [10] (Representation and Warranty), [11] (Limitation of Liability), [12] (Indemnity), [19] (Law & Venue), [20] (Privacy Policy) and [21] (Miscellaneous) respectively shall survive any termination or expiration of this Agreement. The parties hereto confirm that they have requested, acknowledge, and agree that this Agreement and all attachments and related documents be drafted in English.
  22. Buyer agree to accept and authorize TTIPL for updating the status of each transaction activity through mobile SMS and email

Privacy Policy

Published on 03.02.2021

Metalsplanet is an e-commerce platform of Toyota Tsusho India Private Limited, operating under the domain name of “Metalsplanet.com”. (Hereinafter referred to as “Website”) This Privacy Policy explains how we may process your information. This Policy may be amended or updated from time to time, so please check it regularly for updates.

ARTICLE 1

OBJECT

THIS PRIVACY POLICY (“POLICY”) IS MADE IN COMPLIANCE TO THE REQUIREMENTS OF THE INFROMATION TECHNOLOGY ACT 2000 AND OTHER APPLICABLE LAWS OF INDIA. PLEASE READ THIS POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS MENTIONED HEREUNDER (“TERMS”). YOU HEREBY CONSENT TO OUR COLLECTION, USE AND/OR SHARING THE DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE WHOLLY OR PARTIALLY THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION unilaterally.

AT ANY TIME, IF YOU USE THE WEBSITE ON BEHALF OF THE PRINCIPAL/EMPLOYER (A REGISTERED ENTITY, FIRM CONCERN OR EVEN AN INDIVIDUAL), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH PERSON TO (I) ACCEPT THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND (II) CONSENT ON BEHALF OF SUCH PERSON TO THE COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THIS WEBSITE.

THIS POLICY SHALL BE APPLICABLE TO ALL THE USERS WHO ACCESSES THIS WEBSITE THROUGH ANY ELECTRONIC DEVICE/ MODULE OR APPLICATION..

The Privacy Policy of the Website detailed herein below governs the collection, possession, storage, handling and dealing of personal identifiable information/data and sensitive personal data (hereinafter collectively referred to as “Information”) of the users of the Website.

For the purpose of this Policy, wherever the context so requires,

  1. The term ‘you’, ‘your’ and ‘user’, shall mean any legal person or entity accessing or using the services provided by the company, who is competent to enter into binding contracts
  2. The terms ‘we’, ‘us’, ‘our’ shall mean the Company, as the context so requires.

The data controller responsible for processing the Information shared by the user on this Website is

Rajiv Kumar Kushwaha

Email : rajiv.kushwaha@ttipl.co.in

ARTICLE 2

COLLECTION OF INFORMATION

We confirm that we collect the Information as stated herein below from you, which is required for technical administration and the security of the Website and services offered on the Website.

  1. At the time of signing up and registration with the Website, we collect user Information including and not limited to name, company name, e-mail address, phone/mobile number, postal address, payment details, financial details and other business information (as may be required from time to time), which may also include statutory details and other crucial sensitive data, which you will like to protect.
  2. In this regard, we may also record conversations and archive correspondence between users and the representatives of the Website (including the additional information, if any)
  3. We may collect Information of more sensitive nature, which includes bank account numbers and related details to facilitate your activities on the Website. The information provided by you shall be stored and possessed in order to provide you with the requested services and as may be required for compliance with statutory requirements.
  4. We retain Information provided by the user for as long as the Information is required for the purpose of providing services to you or where the same is required for any purpose for which the Information can be lawfully processed or retained as required under any statutory enactments or applicable laws.
  5. Users may also choose to deactivate their accounts on the Website. We will evaluate such requests on a case-to-case basis and take the requisite action as per applicable laws. In this regard, please note that Information sought to be deleted may remain with us in our archives for the purpose of compliance of statutory enactments, or for any other lawful purpose.
  6. We collect other kinds of Information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
    1. Information about your use of the Services such as usage data and statistical information, which may be aggregated.
    2. Browsing history on the Website
    3. Internet Protocol/IP address, which is a unique string of numbers automatically assigned to your device whenever you access the Internet.
    4. Internet connection means, such as internet service provider/ISP, mobile operator, WiFi connection and International Mobile Equipment Identity/IMEI.
    5. Information collected through the use of cookies, device ID tracking, anonymous identifiers and other technologies, including Information collected using such methods and technologies about (i) your visits to the Booking Platform and engagement with, the Services, content and ads on third party websites, applications, platforms and other media channels, and (ii) your interaction with e-mails including the content and ads therein.
    6. Device type, settings and software used.
    7. Web Beacons, which are electronic files that allow a website to count users who have visited that page or to access certain cookies.
    8. Mobile analytics to understand the functionality of our mobile applications and software on your phone.

Under certain circumstances and depending on applicable law, some of this Other Information may constitute Personal Information. Personal Information together with Other Information is hereinafter referred to as “User Information”.

“Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

ARTICLE 3

PURPOSES AND USAGE OF INFORMATION
  1. The Information collected by us is not limited to the purposes stated herein below:
    1. For the verification of user’s identity, eligibility etc. and for registration of the user and to provide customized services to the users.
    2. For facilitating the services offered/available on the Website.
    3. For advertising, marketing, displaying & publication.
    4. For enabling communication with the users of the Website, so that the users may fetch maximum business opportunities.
    5. For generating business enquiries and trade leads.
    6. For sending communications, notifications, newsletters and customized mails etc. to the users of the Website.

ARTICLE 4

DISCLOSURE OF INFORMATION
  1. The Information which we may collect, from You may be disclosed to our Affiliates , or to the third party or associated service providers who are providing services to us or to you directly or through their authorised representatives. This Information may be shared with any of the following:
    1. Affiliated entities;
    2. Government or regulatory or law enforcement agencies, as mandated under statutory enactment, for verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences.
    3. Service provider including but not limited to payment, customer and cloud computing service provider (“Third Party”);
    4. Business partners for sending their business offers to the users, which are owned and offered by them solely without involvement of the Website.
  2. Links to the third parties may be made available at various instances depending on whether the user is a seller or a buyer on the Website. We hereby declare that We do not have any control over such Third Party Websites directly or indirectly. The usage of such Websites by the user will be governed by the terms of use declared by such Third-Party Website s. The present Privacy Policy shall not apply to usage of such Third-Party Websites that you will visit. The users of such Websites are cautioned to read the privacy policies and related terms and conditions of that Website.
  3. Please get in touch with us at the 7 working days (contact@metalsplanet.com) in case you have any objections, or you discover any untoward material, or you suspect an activity or if you require any support or Information to any purpose of data processing. However, please note that if you object or withdraw consent to process data as above, we may discontinue providing you with services through our Website.
  4. We shall not disclose any Information received by You further unless the third parties are reliable and agrees to abide by the Privacy Policy of the Website.
  5. Data Security: We have implemented reasonable technical and organizational security measures to protect your User Information. Please ensure that any Personal Information that you send to us is sent in a secured manner.
  6. Consent - By accessing the Website, you hereby consent to the use, processing and/or disclosure of Personal Information only for the purposes described herein and to the extent such use or processing is necessary for us to carry out our duties and responsibilities under any contractual arrangement, any applicable Statement(s) of Work, or as required by law.
  7. Data Accuracy: We take every reasonable step to ensure that your User Information that we Process is accurate and, where necessary, kept up to date, and any of your User Information that we Process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified.
  8. Data Minimisation: We take every reasonable step to ensure that your User Information that we Process is limited to the User Information reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to the Services.
  9. Data Retention: We take every reasonable step to ensure that your User Information is only retained as long as they are needed to be in compliance or as prescribed under the law of India for time being in force.
  10. The criteria for determining the duration for which we will keep your User Information are as follows: we will retain copies of your User Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. Unless there is a specific legal requirement for us to keep the Information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need.

ARTICLE 5

REASONABLE PROTECTION
  1. We employ commercially reasonable and industry-standard security measures and technologies to prevent any form of unauthorized access or usage of user’s Information and maintain data accuracy and ensure proper use of user’s Information we receive.
  2. We recommend that registered users not to share their Website’s account password and also to sign out of their account when they have completed their work. This is to ensure that others cannot access Information of the users if the user shares the computer with someone else or is using a computer in a public place or otherwise.
  3. We would recommend you keep your details confidential and Users shall not use/ abuse the Website in any manner and shall not divulge in an illegal act or contribute or abet or perform any act which will be considered as a compromise with the Website.

ARTICLE 6

COOKIES

We, and third parties with whom we partner, may use cookie, “flash cookies” and similar files or technologies to collect and store Information in respect to your use of the Website and track your visits to third party Websites. We also use cookies to recognize your browser software and to provide features such as recommendations and personalization. Third parties whose products or services are accessible or advertised through the Websites, including social media Websites, may also use cookies or similar tools, and we advise you to check their privacy policies for Information about their cookies and the practices followed by them. We do not control the practices of third parties and their privacy policies which govern their interactions with you.

ARTICLE 7

YOUR RIGHTS

Unless subject to an exemption, you have the following rights with respect to your personal data:

  1. The right to request a copy of your personal data, which we hold about you;
  2. The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
  3. The right to withdraw your consent to use the personal data at any time;
  4. The right to object to the processing of personal data;
  5. The right to lodge a complaint with a supervisory authority

ARTICLE 8

DATA TRANSFERS

User Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the country you reside in for legitimate purposes. By submitting your personal data, you agree to such transfers.

Article 9

QUESTIONS

Please contact us regarding any questions, clarifications, or grievances through our support e-mail.

ARTICLE 10

MATTER OF DISPUTES AND JURISDICTIONAL ASPECTS
  1. For any kind of legal dispute, if arises would be dealt in only territory of Bangalore, India. All the legal issues are subjected only to pertinent contemporary's laws in force at Bangalore to the jurisdiction of courts located in Bangalore only.
  2. This Privacy Policy and the Terms of Use, and any dispute or matter arising from incidental use is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Bangalore, India. This Privacy Policy, accepted upon use of the Website and further affirmed by becoming a Registered User of the Website, contains the entire agreement between you and Website regarding the use of the Website and/or the services provided on the Website. If any provision of this Privacy Policy is held invalid, the remainder of this Privacy Policy shall continue in full force and effect.

ARTICLE 11

GRIEVANCE OFFICER

Should you have questions about this Privacy Policy or the Information collection, use and disclosure practices, you may contact, the Grievance Officer appointed by us. The Officer will respond to the queries within 7 working days of receiving the queries. If you have any grievance with respect to our use of your Information, you may communicate such grievance to the Grievance Officer. In accordance with the applicable laws, the name and details of the Grievance officer are provided below:

Name:

Email Address:

ARTICLE 12

CHANGES IN PRIVACY POLICY

The policy may change from time to time, so users are requested to check it periodically.

TERMS OF USE

Published on 03.02.2021

  1. Registration at Website

    1. Metalsplanet is an e-commerce platform of Toyota Tsusho India Private Limited, operating under the domain name of “Metalsplanet.com” inter alia (“Website/ Us/ Our’s/ Our/ Company”).
    2. This Terms of Use (“ToU”) and Privacy Policy shall constitute as an electronic record and shall be published in compliance of and governed by the provisions of Indian law(s), including but not limited to, the Indian Contract Act, 1872, the Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    3. Use of this Website or registration made by You unequivocally constitute acknowledgment, deemed consent and acceptance to conditions mentioned herein. .
    4. For the purpose of this ToU, wherever the context so requires,

      1. The term ‘you’, ‘your’ and ‘User’, shall mean any legal person or entity accessing or using the services provided by the company, who is competent to enter into binding contracts.
      2. The terms ‘we’, ‘us’, ‘our’ shall mean the Company, as the context so requires.
      3. The term ‘Services’ shall mean various functions and features available on the Website, for buying & selling material at list price, bid and LME.
    5. Any aberration of terms of this ToU shall constitute breach and we have rights to seek legal remedies against the breach committed by You or take any other actions as permissible under the laws of India.
    6. We hold rights and discretion to amend the outlined terms and conditions anytime and will publish it on the Website from time to time.
    7. You shall read the Terms of Website periodically. These terms may not otherwise be modified by any other person except by an authorized officer of Metalplanet.Com.
    8. Website will assign a sensitive confidential password generated account ("Account") for each User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
    9. By becoming a Registered User, you consent to the inclusion of your personal data in our database and authorize Us to share such information with other related third parties as and when required on need to know basis.
    10. Registered User shall not use the Email account for junk mail, spamming or transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature.
    11. Further, the Registered User shall not use the e-mail account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
    12. Website may refuse registration and deny the Email Account and associated User ID and Password to any User for any unreasonable reasons or otherwise.
    13. In case you chose to discontinue your association with us, you can delist your account following procedure prescribed in the Website.
    14. Registered User will not be anonymous to Website and it is deemed that you authorize Us the right to publish the desired details and information’s required for the business throughout its market places, including but not limited to business directory, listings, trade leads, pricing, catalogs etc. (as may be applicable).
    15. Registered User hereby grant right to Us to use Your Intellectual Property on the Website in relation to the requirements / leads posted by the Users.’
  2. Legal Status of this Website

    You acknowledge that the Company is a merely a facilitator i.e. a marketplace platform and constituted in compliance with the applicable laws of India. As an intermediary we will not be directly involved and nor shall be liable for any transactions, arrangements agreed between the Users including and not limited to the sales terms and conditions, negotiations, pricing factors, product and its merchantability or warranty or otherwise.

  3. User(s)

    For the purposes of this Agreement, the term shall refer to any person who accesses the Website and are registered with the Website as a Seller, Buyer or third-party service provider or has an authenticated access to the account. User includes a person using this Website and any legal entity which may be represented by such person under actual or apparent authority.

  4. Un-Authorized User

    For the purpose of this ToU shall mean and include following person (s) including but not limited to

    1. Any person who attempts or accesses or manipulates the account, with a mala fide intent either by itself or through its representatives and assigns or otherwise;
    2. Any person who does not have a legal or a contractual right or capacity or is not legally qualified in any manner shall not access the Website or;
    3. Any person who willfully provides the wrong information to the Website.
    4. Any person, who has been denied access by the Website for whatsoever reasons;
    5. Any person who performs an act, which We may consider as unethical, unwarranted or deems to be the exponential threat or otherwise.
    6. Any person who attempt to gain unauthorized access to any portion or feature of the Websites or any other system or networks connected to the Website or any other services offered through the Websites, and/or other accounts not belonging to you, or violate security of any portion of the Websites, by hacking, password mining or any other means;  
    7. Any person who performs Unlawful or Prohibited Use of the Website, or anyone who abridges the duty of not to upload, post or otherwise transmit via the online mediums any content that:  

      1. is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;
      2. constitutes unauthorized disclosure of personal or confidential information;
      3. infringes any intellectual property rights or any rights of any party;
      4. contains viruses, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity and obtain sensitive personal or financial information.
      5. impersonate an employee or a representative of Our’s, its divisions and subsidiaries;
      6. misrepresent your identity or affiliation with a person or entity;
      7. obtain or attempt to obtain any information, materials or documents not purposely made available through the Website or online mediums through any means;
      8. attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites or to restrict or inhibit any other user from accessing or using the Websites, by means of hacking or defacing any portion of the Websites;  

      You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account.  

      You accept sole risk of unauthorized access to your account. Website will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge.  

      You may be held liable for losses incurred by the Website or any other user or visitor to the Website due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.

  5. Promotions

    The Website may contain bidding, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements as may be published or updated from time to time.  It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.  

  6. Laws

    For the purpose of this Terms of Use shall mean and include all applicable laws, ordinances, notifications, rules and regulations, such amendments as may be formulated by the state and central government as may be applicable from time of time.

  7. Privacy Statement

    It refers to the metal planet’s/Company’s Privacy Policy issued on the Website and as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference. 

  8. Password protections and responsibility. 

    Access to and use of password protected areas of the Websites is restricted to authorized users only.  You agree that you:

    1. will provide current, complete and accurate identification, contact and other information about You as you may be prompted by the registration process on the Websites;
    2. are responsible to maintain, keep current and update any registration data and other information you provide to Website.
    3. are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and
    4. will notify Us immediately of any Unauthorized access or use of your account or password or any other breach of security. 
  9. Representation and Warranties
    1. By using the Website and its Services, the Users represent and warrant that

      1. All information(s) shared by the User at the time of registration is truthful and accurate;
      2. User will maintain the accuracy and secrecy of information provided and shall monitor the use of its account.
      3. User is 18 years and above and has not been disqualified under any laws within and outside the territory of India;
      4. The use of the Website does not violate any applicable law or regulation.
      5. User's profile may be deleted and their Membership may be terminated without warning at our discretion, if we believe that user is in breach of any of the above terms.
      6. In no event the Website will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Website.
    2. We represent that the Website has no expertise in the domain of intellectual property rights of anyone. As an Intermediary, our role is limited and in case you have any concern related to copyright infringement or any concerns with the website then we shall appreciate if the same is to be brought to our notice.
    3. Website neither advocate nor does it endorse such products that may be deemed to be infringing or counterfeiting in nature by the virtue of their being listed on the Website nor does it endorse the infringement by such listings.
    4. Website shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification by Us.
  10. Usage of the Website

    Users agree to use this Website only for lawful purposes, and in a manner that You do not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Website. If any member/individual /entity become aware of any inappropriate content by any member of this Website, or otherwise, kindly contact us as per the process and the details mentioned in the schedule A below.

  11. Activation of Membership

    Membership is activated within (2) working days from the receipt of activation information. However, the Web pages are created as per the information/approval provided by the member.

    1. We reserve the right to block or delete the webpage at any time without assigning any reason etc. and the member/s/ User(s) will have no claim or right whatsoever against Us under any circumstances.
    2. Users agree to accept communications (through Calls/Chat/ E- Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile numbers.
  12. Users Generally
    1. Users shall use this Website solely for their business purposes only. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website (the "Website Content") for the purpose of re-selling or re-distributing the Website Contents, mass mailing, operating a business that competes with the Website or otherwise commercially exploit the Website’s Content.
    2. Some of the Website Content displayed on this Website is provided or posted by third parties ("Third Party Content"). Website is not the author of such content which may have been contributed by anonymous users, paid content providers or registered users. Content is the sole responsibility of the party who provided the content. Website is not responsible for the accuracy, authenticity, lawfulness or truthfulness of any Third-Party Content and shall not be liable to any User in connection with such User's reliance of such Third-Party Content.
    3. In addition, Website is not responsible for the conduct of any User's activities on the Website and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
    4. Website may allow Users to access content, products or services offered by third parties through their assigned hyperlinks to such Third-Party website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of their terms and conditions of your use of such websites and We do not in any way either directly or indirectly has control over such third party's Website and links and content posted thereto. You shall use these websites based on your prudence.
    5. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Website and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No user shall take any action, which imposes an undue or disproportionate large load on our infrastructure.
    6. In addition the Website reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Metalplanet.Com service, or if Metalplanet.Com believes that user conduct is harmful to the interests of metalsplanet.com, its affiliates, or other users, or for any other reason in Metalplanet.Com sole discretion, with or without cause.
  13. Users Who Post Information on the Website
    1. You must be a Registered User in order to post information on the Website.
    2. No sales agency relationship is created between any User and Us our affiliates, directors, officers or employees by virtue of Website displaying of any of the User's information on the Website.
    3. The use of our services on our website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. In the event the user is a minor i.e. under 18 (eighteen) years of age, it is advised that the Website be accessed only with the involvement of a parent or guardian.
    4. All the information posted by the User is solely the responsibility of the User and the User agrees to indemnify and save Us, Our affiliates, directors, officers and employees harmless from any liability arising due to this information. Each User(s) hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information to be displayed on the Website and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.
    5. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) trademarks, copyrights, trade secrets, patents, license to the Website to display and use all the information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the User has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to User's Website / brochures / catalogs / printed material etc.
    6. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website affecting or relating to products that are offered or displayed on the Website, are hereafter referred to as "Third Party Rights. The User shall defend and hold harmless the Website against any such breach that may occur.
    7. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Website or provides to Website or authorizes the Website to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.
    8. The User shall not sell the product(s) that contain any fraudulent information, Counterfeited products, stolen products or items whose sales or purchases are prohibited under the applicable Indian Laws or any such activity that promotes an illegal act, be part of a scheme of defraud, or otherwise abets or encourages the infringement or violation of the third party IP rights, creates public nuisance, unfair competition, publicity or privacy, statutes, regulations and false advertising and such products that causes defamation, threatening, libelous, harassing, be obscene or any other content or otherwise promoted the scandalous products.
    9. We reserve the right, at our sole discretion, to remove any material, which we reasonably believe to be unlawful, obscene, or which may in any manner violate or subject us to liability or in any form shall create Third Party Liability or in any way it violates the terms of the agreement or is found inappropriate in Our opinion.
    10. We may share Your details to the government entity, including the User’s identity and contact information, if requested by the govt. entities or judicial authorities, as a result of a subpoena and other legal actions. We shall not be liable for damages or results thereof and User agrees not to bring any action or claim against such disclosure.
    11. User agrees that We shall have no liability to User, including no liability for consequential or any other damages, in the event takes any of the actions mentioned in this section.
    12. Each User hereby agrees that the information posted by them on the Website will result in business enquiries through phone calls, emails, SMS etc. from various buyers and sellers that may or may not be suitable to their business interests. WE will not exercise any control over its Users for sending business enquiries to the registered members and will not be involved in any scrutiny of the same.
  14. Transactions between Buyers and Suppliers
    1. Through the Website, We provide an electronic web-based platform for exchanging information among buyers, sellers and supplier of products and services.
    2. We do not represent the seller nor the buyer in specific transactions. The Website is a merely a platform and has no part in the transactions between buyers and sellers.
    3. WE do not control, and We are not liable to or is responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
    4. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. WE use several measures to verify the accuracy of the information our users provide us when they register on the Website.
    5. Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and also 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 Website.
    6. 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.
    7. 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 Website 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.
    8. Such risks also include the risks that buyers , end-users of materials or others claiming to have suffered injuries or harms relating to material originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from the transaction and / or their use of such materials. All of the foregoing risks are hereafter referred to as "Transaction Risks”
    9. 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 Website and related Transaction Risks, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
    10. In the event that any User has a dispute with any party to a transaction/ or in case of User dispute arising out of partnership , consortium, joint ventures and any other understandings or contractual obligations such User agrees to release and indemnify Us and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Website shall not entertain any such dispute and cannot be held liable for the same, in any circumstances, whatsoever.
  15. License to Access Website

    Subject to the provisions of this ToU and applicable law(s) if any, the Company grants you a limited licence to access and make use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable. This licence does not include any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another user/third-party; or any use of data mining, robots, or similar data gathering and extraction tools.

    This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any purpose without express written consent of the Company and / or its affiliates, as may be applicable.

    You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Company or its affiliates' names or trademarks without the Company’s express written consent as applicable. Any unauthorised use terminates the permission or license granted by the Company, as is applicable.

  16. Limitation of Liability
    1. The features and services on the Website are provided on an "AS IS" and "AS Available” basis and We hereby expressly disclaim 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.
    2. Website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Website.
    3. Website does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third-party rights; and Website makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website.
    4. Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
    5. Website will not be liable for delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
    6. Each User hereby agrees to indemnify and save Us, Our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Website (including but not limited to the display of such User's information on the Website) or from its breach of any of the terms and conditions of this Agreement.
    7. The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company, who may not be assigned or is authorized to disclose any information. Any such disclosure shall be at the risk of the party disclosing such information by any of the modes of communication or otherwise.
    8. The User shall not impersonate or represent itself or use the name goodwill or trade secrets of the Website to any person or the third party or otherwise to any person unless We have given any authority, assignment or license in writing to perform any task for us and on our behalf.
    9. Each USER hereby consents to materialize his/her business on their own and agrees that Website is not liable for any kind of business materialization on behalf of any of its USER. Such requests/complaints are not at all maintainable.
  17. Reporting of Content

    Since, the Company lists numerous products for sale offered by sellers on the website, it is not possible for us to be aware of the quality of the product listed for sale, or the veracity of the information on the products proposed to be sold by the user i.e. the seller. In the event, the User believes that the content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify the Company immediately by following the procedure stated in the Privacy Policy. Once this procedure has been followed, the Company will make all reasonable endeavours to remove such Objectionable Content complained within a reasonable time.

  18. Matter of Disputes and Jurisdictional Aspects

    For any kind of legal dispute, if arises would be dealt in only territory of Bangalore, India. All the legal issues are subjected only to pertinent contemporary's laws in force at Bangalore to the jurisdiction of courts located in Bangalore only.

  19. Governing Law and Jurisdiction

    This Agreement and any dispute or matter arising from incidental use is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Bangalore, India. This Agreement, accepted upon use of the Website and further affirmed by becoming a Registered User of the Website, contains the entire agreement between you and Website regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

  20. Termination

    The Terms will continue to apply until terminated by either you or the Company as follows:

    1. We have adopted a policy of terminating, inappropriate circumstances, users who are deemed to be repeat infringers, without giving any prior notice. We may also in our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    2. You may end your legal agreement with us at any time for any reason by discontinuing Your use of the Services, by providing us 2 months prior notice.
    3. The Company reserves the right to decide whether any Content posted using the Services is appropriate and complies with these Terms. The Company may, in its sole discretion, remove such data/content and/or terminate Your access for uploading material in violation of these Terms and Privacy Policy at any time, without prior notice.
    4. Clauses 9, 15, 16, and 17 of these Terms of Use shall survive termination.
  21. Waiver and Severability

    Any Failure on Our Part to Enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

  22. Assignment

    We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  23. Entire Agreement

    These Terms and our Privacy Policy are the entire and exclusive agreement between the Company and You regarding the Services (excluding any services for which You have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and You regarding the Services.

  24. Notice

    If the User has any questions concerning the Website, this Terms of Use, the Privacy Policy or the Services, Company’s customer support can be reached at the following email address: contact@metalsplanet.com

    Please provide the following information in your mail:

    1. Your address, telephone number, and email address;
    2. Your question;
    3. A statement by you that the above information in your Notice is accurate.
  25. Grievance and Redressal

    If Users have any grievance with respect to the Website, including any discrepancies and grievances in relation to collection, storage, use, disclosure, transfer or any processing of information, you can contact our grievance office at:

Name Rajiv Kumar Kushwaha
Address 33 and 34, BIDADI INDUSTRIAL AREA, BIDADI,RAMANAGAR, Bengaluru (Bangalore) Rural, Karnataka, 562109
Phone 080-40823141
E-mail rajiv.kushwaha@metalsplanet.com
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