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@ttipl.co.in