1. MINIMUM AGE REQUIREMENT:
To access or use Cashless Bazar Pvt Ltd. you must be 18 years of
age or older and have the requisite power and authority to enter into these
Terms of Service.
2. CASHLESS BAZAR PVT. LTD. IS SOLELY A
FACILITATION AND RECORD KEEPING SERVICE:
Cashless Bazar Pvt. Ltd.is solely intended to organize and
facilitate the buying and selling of goods and services between Cashless Bazar
Pvt. Ltd. and its members by providing a trading forum and third-party record-keeping
services. We are not parties to, make no representations, promises, or
warranties as to, and have no responsibility or liability with respect to any
transactions, communications, interactions, disputes, or any other relations
whatsoever (collectively, "relations") between you and any other
member, person, or organization, even if initiated or conducted via Cashless
Bazar Pvt. Ltd.. You must conduct any necessary, appropriate, prudent or
judicious investigation, inquiry and research or due diligence with respect to
your relations with others.
3. PRICING:
Member agrees to sell products and/or services to other members
of Cashless Bazar Pvt Ltd. at regular prevailing prices and on the same
priority given cash customers. Violations may result in termination of the
offending Member’s account and/or immediate adjustment to the transaction
involved.
4. REASSIGNMENT OF ACCOUNTS:
A Member’s account remains exclusive to the Member and cannot be
transferred, assigned, or sold without the express written permission of Cashless
Bazar Pvt Ltd. and is binding upon the heirs, successors, assigns, and
administrators of the Member. Any and all amendments to this agreement must be
in writing and signed by Cashless Bazar Pvt Ltd. and Member.
5. AUTHORIZATION:
All purchase transactions must be approved by Cashless Bazar Pvt
Ltd. prior to the final sale. Once an authorization number is issued by Cashless
Bazar Pvt Ltd. the transaction is binding on both parties; however, Cashless
Bazar Pvt Ltd. will not honor authorizations found to have been misrepresented
by either the buyer or seller. Cashless Bazar Pvt Ltd. reserves the right to
refuse to issue an authorization number approving the transaction if: a) the
buyer does not have sufficient trade points or line of credit or delinquent
cash fees to make said purchase; or b) the buyer is not an authorized account
user; or c) either Member is not a Member in good standing.
6. DEFINITION OF MEMBER IN GOOD STANDING:
A Member, who conducts trades in accordance with these policies
and procedures, is current in any monies owed to Cashless Bazar Pvt Ltd. has a valid
credit card on file, and has a valid active Member account is considered to be
a “Member in good standing.” Only Members in good standing are entitled to the
services and privileges offered by CASHLESS BAZAR PVT. LTD.
7. PAYMENT OF FEES :
All fees and charges that Member pays to Cashless Bazar Pvt.
Ltd. are for services rendered in processing Members into the Exchange,
maintaining records, operating the clearinghouse, administering the Trading
Rules, and facilitating Member’s use of the Exchange. If cash fees are past due
beyond four (4) weeks, Member waives all rights to the use of any positive
Trade Rupees balance in Member’s account and grants Cashless Bazar Pvt Ltd. Pvt.
Ltd. the right to freeze the balance until fees are paid.
8. TRADING ASSISTANCE :
a. Cashless Bazar Pvt. Ltd.will use reasonable
commercial efforts to assist Members to trade among themselves by, among other
things, making Member information available on the internet; maintaining
current member information on computer files; appointing, at Cashless Bazar
Pvt. Ltd.discretion, independent persons or entities as local brokers to
provide information on Members’ goods and services available through the
Exchange; and through Cashless Bazar Pvt. Ltd., an internet-based trade
information network. Member acknowledges that the sole principals in any
Exchange transaction are the buying and selling Members involved, that
transactions are entered into voluntarily, and neither Cashless Bazar Pvt Ltd. nor
the Exchange is a guarantor of any transaction.
b. Cashless Bazar Pvt Ltd. will use reasonable commercial
efforts to record trades accurately, to administer the Trading Rules in
accordance with their terms, and to assist in the sale of Member’s goods and
services to other Cashless Bazar Pvt Ltd. Members. However, the initiative for
using Cashless Bazar Pvt Ltd. services for economic benefit is exclusively that
of the Member and neither Cashless Bazar Pvt Ltd. nor the Exchange guarantees or warrants any
level of business through the Exchange.
9. AVAILABILITY OF PRODUCTS AND SERVICES:
Cashless Bazar Pvt Ltd. shall use reasonable commercial efforts
to enroll new businesses with products and services to meet the needs of
Members. Cashless Bazar Pvt Ltd. is not responsible if Member cannot find
specific products or services or customers for their products and services
within the Exchange.
10. MEMBERSHIP AND FESS:
We offer Membership Plans to Cashless Bazar Pvt Ltd. users to
access Cashless Bazar Pvt Ltd. Any Changes to our Membership Plans are
effective after we provide you with thirty (30) days' written notice at the
email address or mailing address you provide in connection with your membership
account. The membership Benefits along with the Membership fee is as per the
agreement.
11. ADVERTISING AUTHORIZATION :
Unless Cashless Bazar Pvt Ltd. is otherwise notified in writing,
Member authorizes Cashless Bazar Pvt Ltd. to inform other Members of the
availability of Member’s products or services. This includes listings in local,
regional or national directories, website listing, fax broadcasts. Member
information that will be publicly available will be the name of the business,
address, contact person, address, telephone number, fax number, e-mail address,
website and product availability, unless Member directs otherwise. Cashless
Bazar Pvt Ltd. is neither a party to these sales listings nor responsible for
their accuracy. Any inaccuracies should be reported to Cashless Bazar Pvt Ltd. in
writing, immediately.
12. PRODUCTS SOLD BY CASHLESS BAZAR PVT. LTD.:
On all products and scrip for services owned and sold by Cashless
Bazar Pvt Ltd. the only warranty Cashless Bazar Pvt Ltd. makes is that it has
title free and clear from any lien or encumbrance, and are sold “As is, where
is”. Cashless Bazar Pvt Ltd. makes no warranty either express or implied, by
operation of law or otherwise as to the merchantability or fitness for a
particular purpose of such products or services, and Buyer shall look solely to
the manufacturer, distributor or retailer of such merchandise for any warranty.
13. DISCLAIMER OF WARRANTY AND LIABILITY
Cashless Bazar Pvt Ltd. makes no representation or warranty
either express or implied, and disclaims all liability, as to the fitness,
quality, delivery date, merchantability, prices or any term of any trade
transaction. Member agrees to indemnify and hold Cashless Bazar Pvt Ltd. harmless
with respect to any claim, debt, or liability whatsoever, arising out of any
transaction wherein Member is a Buyer or Seller. Member acknowledges that any
trade transaction in which Member participates is entered into by Member on a
voluntary basis
14. DISPUTES :
a. Transaction disputes concerning the quality or
nature of goods or services purchased are between the Buyer and Seller ONLY,
and Cashless Bazar Pvt Ltd. has no responsibility in connection therewith other
than recording transactions. Buyers should exercise the same discretion in
inspecting goods, insuring delivery, etc. in trade transactions as they do in
cash transactions. Cashless Bazar Pvt Ltd. is not responsible for use of Trade
Rupees by unauthorized persons or for transactions that do not comply with the Cashless
Bazar Pvt Ltd. Trading Rules. Cashless Bazar Pvt Ltd.is not a buyer or seller
unless it so states in writing.
b. In situations where a Buyer disputes having
entered into a transaction, he should notify Cashless Bazar Pvt Ltd. within 28
days of the purchase, then it shall be the responsibility of the Seller or the
Seller’s broker to provide Cashless Bazar Pvt Ltd. with written verification
from the Buyer authorizing the transaction (e.g., signed Cashless Bazar Pvt
Ltd. trade draft; signed contract specifying goods or services to be supplied
and amount of purchase; signed voucher, etc.) or written verification by the
Buyer that Buyer is rescinding the dispute, within fourteen (14) calendar days
of notice being given by Cashless Bazar Pvt Ltd. to Seller or Seller’s broker
of the disputed transaction. If such documentation is not received within that
time, the transaction will be reversed. No transactions will be reversed after
one hundred twenty (120) days from the date of the disputed transaction except
in the case of an accounting error.
15. TRADE RUPEE EXTENSIONS OF CREDIT:
Member understands and acknowledges that all aspects of Trade
Rupee Extensions of Credit are within the sole discretion of Cashless Bazar Pvt
Ltd. Members wishing to apply for credit may be required to submit a loan
application, financial statement, credit agreements, promissory note, provide
collateral or to prepay cash service fees prior to approval.
16. TAXES:
Cashless Bazar Pvt Ltd. trade units may be treated as taxable
income for state, central and / or local tax purposes. The user should seek
independent professional tax advice. The declaration and reporting of all
applicable central, state and local / municipal taxes including but not limited
to appropriate sales and excise taxes, resulting from any trade transactions
rests solely with the user. The user should ensure that if a transaction needs
tax deduction at source, service tax or any other TDS, the same has to be done.
The user is required to fulfill all their requirements under the law and Cashless
Bazar Pvt Ltd. owes no responsibility in case the user fails to comply with the
requirements
17. DIRECT TRADING PROHIBITED:
Direct trades between members are prohibited. If direct trades
occur, the transaction shall be processed as though it was an exchange
transacted in accordance with these Terms of Service. In addition to the
standard transaction fee, we may, at our discretion, also charge each party a
penalty which may extend up to 20% of the total transaction value. We may also,
at our discretion, terminate membership of any party to such a trade.
18. POSTING HARMFUL CONTENT:
Posting any Content in violation of any municipal, state,
federal, foreign or other applicable regulation or law is prohibited. You agree
not to Post or elsewhere publish any Content that:
a. Violates any applicable law or regulation.
b. Is defamatory or trade libelous.
c. Is incorrect, not truthful, threatening,
harassing, stalking, vulgar, obscene, pornographic, profane, racially,
ethnically or sexually discriminatory in any way, or that otherwise violates
any right of another or is deemed unacceptable in our sole discretion; (iv)
encourages any conduct prohibited by the Terms of Service.
d. Restricts or inhibits any other user from
using Cashless Bazar Pvt Ltd. ..
e. Impersonates any person or entity, or directly
or indirectly attempts to gain unauthorized access to any portion of Cashless
Bazar Pvt Ltd. or any computer, software, or data of any person, organization
or entity that uses or accesses Cashless Bazar Pvt Ltd. ..
f. Provides or creates links to external sites
that violate the Terms of Service.
g. Is intended to harm, exploit, solicit, or
collect personally identifiable information of any individual under the age of
18 in any way.
h. Invades anyone’s privacy by attempting to
harvest, collect, store, or publish private or personally identifiable
information without their knowledge and willing consent or distributes or
contains viruses or any other technologies that may harm Cashless Bazar Pvt
Ltd. or any of its members.
i. Is copyrighted, protected by trade secret or
otherwise subject to third-party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from the rightful owner to Post the material and to grant us all of the license
rights granted herein.
j. Contains or promotes an illegal or
unauthorized copy of another person’s copyrighted work.
19. USERNAME AND ACCESS:
To access the services available through the Cashless Bazar Pvt.
Ltd. website at www.cashlessbazar.com you must create a
username and password. You are responsible for maintaining the confidentiality
of your username and password, if applicable, and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your username or password. You will not, and you will not assist,
encourage, or enable others to, attempt to gain unauthorized access to Cashless
Bazar Pvt. Ltd., or computer systems or networks connected to Cashless Bazar
Pvt. Ltd., through hacking, password mining, or any other means. We reserve the
right to refuse service, terminate your account, or ban you from the Cashless
Bazar Pvt. Ltd.website, without notice or liability of any kind, and in our
sole discretion.
20. LIMITATION OF LIABILITY:
a. The limitation of liability is to the maximum
extent permitted by applicable law. in no event
shall we be liable for any damages, losses, or claims, whether arising in
contract, tort, or otherwise, and including without limitation, direct,
indirect, incidental, special, consequential, or punitive damages.
b. You and we expressly agree that facsimile and
"PDF" signatures will be as valid and effective as original
signatures, and that your confirmation of your agreement to these Terms of
Service by any method described shall be sufficient to bind you and us to these
Terms of Service. If you are an individual agreeing to these Terms of Use on
behalf of a company, you represent and warrant to Cashless Bazar Pvt Ltd. that
you are duly authorized to bind the company to these Terms of Use.
21. DEFAULT, ATTORNEY’S FEES, AND COSTS:
In the event of a default in the payment of any sums due
pursuant to the agreement, or in the event of a breach of any term, condition,
or provision of this agreement, the defaulting party shall be obligated to pay
the non-defaulting party any and all attorney’s fees and all costs including
legal incurred in connection with the enforcement of this agreement, The right
shall be in addition to any and all other rights and remedies the
non-defaulting party may have, or be entitled to.
22. AFFILIATE
BENEFIT
a. Affiliate benefit will be given to each Partner
or member who introduces and refers new Cashless Bazar Member. To qualify
for the referral bonus, Partner or member must provide Cashless Bazar with the
following information about the potential Client: company name, owner’s
name, location, and phone number.
b. Affiliate benefit is paid to Partner when the new
Member’s Application and Agreement has been accepted and approved by an Authorised
personal of Cashless Bazar Pvt. Ltd.
c. The benefit will be applicable only after the up
gradation of both member and partner on and above Silver Category.
d. Cashless Bazar reserves the rights to amend, reject
or terminate any part of the affiliated benefit without prior notice. In the
event of dispute the decision of Cashless Bazar will be final.
23. AMENDMENT
OF TERMS AND CONDITIONS
Cashless Bazar reserves the right to from time to
time amend these Terms and Conditions as it deems warranted to the conduct of
its business and the trade network. Any trade transaction engaged in by
Member subsequent to the effective date of any such amended shall constitute Member’s
acceptance of such amended Terms and Conditions and shall be subject to the
provisions thereof without exception.