Terms and Conditions

TERMS OF USE

 

We thank the User for showing interest in the Ezytrader website (hereinafter referred to as Ezytrader).

 

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

Acceptance of Agreement: Ezytrader is owned and managed by Voltej and has been set up to facilitate promotion of unused inventory (spares) in factories and such other services more specifically detailed below under the heading Services. This Ezytrader website contains contents, links, software, logos, marks, services and products offered free or otherwise owned and managed by [name of entity managing the website] or outside agencies other than [name of entity managing the website] and is protected by domestic and international copyright and trademark laws and/or any other applicable laws.

 

Voltej Solutions LLP(hereinafter referred to as Voltej) maintains Ezytrader as a service to its customers, and by accessing this Ezytrader website or any of its associated / linked sites, the User has read, understood and agreed to be legally bound by the terms of use as contained herein (hereinafter referred as ‘Agreement’). Please review the following terms of use carefully and check them periodically for amendments and modifications. If the User does not agree to the terms of use, the User should not avail of the Services from this Ezytrader website.

 

Registration. To fully use the Ezytrader website and to become a member, each User will need to register using Ezytrader’s online registration form or transact as guest User. As on date, membership is free of charge. However, the Ezytrader website reserves its right to modify the terms of payment anytime in future. On registration certain personal information shall be required to be submitted by the User such as name, date of birth, contact number, email id, user id, password, residence / place of business information, billing information, shipping information, bank account details etc. Each of the fields shall specifically indicate whether the information required is mandatory or optional. Each User always has the option to not provide information by choosing not to use a particular service or feature on the Ezytrader website and continue as a guest User. However, in such cases, the level of accessibility and use of Ezytrader website shall be limited and restricted.   

 

The Users specifically agree to use Ezytrader only for the purposes of the defined services and for no other purpose. The Users shall ensure that all information provided at the time of the registration is:

 

(a)  True, accurate, current and complete information; and

 

(b)   Maintained and promptly updated to keep it true, accurate, current and complete.

 

The Users shall use the Ezytrader website registration service for no other purpose other than to obtain Services.

 

Notwithstanding the foregoing, Ezytrader/Voltej may at its sole discretion provide access as a guest user to certain areas of the Ezytrader website without requiring registration. In that case, the identification shall be based on such other means as the [owner of the Ezytrader website] may deem fit from time to time.

 

License. On completion of successful registration, Voltej shall grant to the User a limited, non-exclusive, non-assignable and non-transferable license to access the Ezytrader website and avail the services subject to the terms and conditions set forth in this Agreement and/on the Ezytrader website, as amended from time to time.

 

Services. Pursuant to registration, Users can upload their spares on Ezytrader. Users can also search for goods uploaded by other customers/clients. Ezytrader can also be used by distributors/traders to list, buy and/or sell products (“Services”). 

 

Voltej and/or its other partners/affiliates may change the Services offered through it from time to time without liability to any of the Users.  Voltej and/or its other partners/affiliates also reserves its rights to make available other services from time to time on the Ezytrader website which may be governed by separate terms of use. In such a case this Agreement may not apply to such other services (to the extent expressly excluded by such different terms of use).

 

Hardware and equipment. The Users shall provide and maintain all telephone/internet and other equipment necessary to access the Ezytrader website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by the User. The Users are responsible for operating their own equipment used to access the Ezytrader website.

 

Withdrawal of Services. If any User uses the Services offered on the Ezytrader website in contravention of the terms of this Agreement or of any other terms referred to in this Agreement or if the User uses them against the spirit of the Ezytrader website then the Services being provided may be withdrawn from the User with immediate effect and without any liability on part of Ezytrader/ Voltej.

 

Voltej, its partners and/or affiliates have the right to suspend the Ezytrader website and/or any other Ezytrader website linked to the Ezytrader website at any time and at their sole discretion without any liability to the User for any reason whatsoever including for an act beyond its control, statutory and/or regulatory reasons.

 

Delay in Services. Neither Voltej nor its affiliates/partners (including their respective directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other causes beyond its control. During the continuance of such interruption, neither Voltej nor Ezytrader website shall have any responsibility to provide access to the User.

 

Right to refuse. Ezytrader and/or Voltej reserve the right in its sole discretion to refuse service at any time. Sale of any Services through the Ezytrader website is subject to availability of the products and Ezytrader has no control over the same. Further, once the Services have been availed of/the products have been sold, the User have no right to claim any charge back from Ezytrader on any grounds whatsoever.

 

Restriction to the Use of the Services. Notwithstanding anything provided to the contrary herein, except where specifically authorized, no User shall host, display, upload, modify, publish, transmit, update or share any information that —

 

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

 

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

 

(c)        harms minors in any way;

 

(d)        infringes any patent, trademark, copyright or other proprietary rights. In this connection, the following items are specifically restricted/prohibited as they may potentially infringe third party intellectual property rights;

 

  • Counterfeit items

 

      •   Faces, names and signatures and autographed items

 

      •   Watermark/logo/URL of other websites

 

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

 

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

 

(g)        impersonates another person;

 

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

 

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

 

In addition to the above, the User should also refer to Exhibit A of this Agreement which outlines an illustrative list of the Restricted and Prohibited items and services.  A User should at all times confirm and comply with this Exhibit (as amended from time to time).

 

Linking Policy.  At number of places on Ezytrader website, the User may find links to other Ezytrader websites/portals. These links have been placed for the convenience of the User. Voltej is not responsible for the contents and reliability of the linked Ezytrader websites/portals  and does not necessarily endorse the views expressed and/or support the business/contents/materials/products on such Ezytrader websites/portals.

 

Notwithstanding anything provided to the contrary herein and/or on Ezytrader website, the Users acknowledge that Voltej  and its affiliates/partners have no control over such external Ezytrader websites/portals and Ezytrader/Name of the Owner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other material / services on or available from such external third party Ezytrader websites/portals. The Users further acknowledge and agree that neither Ezytrader nor the Voltej and/or its affiliates/partners shall be responsible or liable, in any manner whatsoever, for any payments, damage or loss caused or alleged to be caused by or in connection with use of or reliance on by the User of any such content, goods or services available on or through any such third party Ezytrader website or portal.

 

Intellectual Property Rights. The design and information posted on the Ezytrader website is the exclusive and proprietary intellectual property of Ezytrader/Voltej and nothing contained in this Agreement shall be construed as transferring or assigning any such ownership rights to the Users and/or any person or entity acting for and on behalf of the Users.

 

The User shall have no right to alter, add, amend, modify and/or obsure any copyright, logo, trademark, tradename proprietary information and/or any other similar right of the Voltej/Ezytrader on the Ezytrader website. The User shall not have the right to rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Ezytrader website, any other linked site therein or any part thereof, any of the information, software, application or communication received or accessed there from to or through any other person or entity and/or any intellectual property right of Ezytrader website unless separately and specifically authorized in writing by Voltej prior to such use.

 

Reproduction. All information featured on the Ezytrader website may be reproduced free of charge after taking proper permission by sending a mail to the authorized person of Ezytrader whose details are provided herein under the “Contact Us” tab. However, the material has to be reproduced accurately, without any modification and shall not be used in a derogatory manner or in a misleading context. Wherever the material is being published or issued to others, the source must be prominently acknowledged. The permission to reproduce this material shall not extend to any material which is identified as being copyright of a third party. Authorisation to reproduce such material must be obtained from the departments/copyright holders concerned of such third parties.

 

Termination. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled immediately by Voltej at its sole discretion. Notwithstanding the right to terminate, the Voltej shall at its sole discretion also have the right to deny or suspend access to the Ezytrader website or any portion thereof or deactivate the account with immediate effect for any of the following reasons: (a) for any unauthorized access or use by the User (b) if the User assigns or transfers (or attempt the same) any rights granted to the User under this Agreement in contravention to the terms of this Agreement;  (c) if the User violates or breaches any of the terms and conditions of this Agreement and/or the Privacy Policy; (d) If the User does not login to his/her unpaid Ezytrader account for a continuous period of 180 days; and/or (e) If the User provides any registration information that is untrue, inaccurate, or incomplete, or Ezytrader/Voltej has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

 

Termination or cancellation of this Agreement shall not affect any right or relief to which Ezytrader/Voltej may be entitled, at law or in equity. In case of violation or breach of the terms and conditions of this Agreement and/or the Privacy Policy and/or unauthorized access or use of the Ezytrader website by a User, Ezytrader shall, notwithstanding any other rights and remedies available, also be entitled to report such breach/violation to the law enforcement/appropriate authorities.

 

Upon termination of this Agreement, all rights granted to the User shall terminate and revert to Ezytrader/Voltej. Except as set forth herein, regardless of the reason for cancellation or termination of this Agreement, the fee charged if any for access to Ezytrader website is non-refundable for any reason.

 

Indemnification. The User shall indemnify, defend and hold harmless Voltej, its affiliates, partners and their directors, employees, representatives, agents and suppliers from any and all actions criminal or civil in nature, claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by the User of the terms and conditions hereof; (b) any third party actions related to Users access of third party Ezytrader website/links/portals, whether authorized or unauthorized, (c) breach of the Privacy Policy of Ezytrader; and/or (d) for any other reason, whatsoever attributable to the User (including but not limited to negligence, improper use and/or misrepresentation of or by the User of the information/Services made available to the User under the terms of this Agreement).

 

Governing law and Jurisdiction. This Agreement is governed by the laws of India and the User accepts and agrees that the courts of Ahmedabad (Gujarat) shall have exclusive jurisdiction over any dispute (contractual or non-contractual) concerning this Agreement. Use of the Ezytrader website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding anything provided to the contrary herein, Ezytrader and Voltej shall at all times be subject to the laws of India (more specifically the Information Technology Act 2000 and applicable rules) and should any modification/amendment/revision be required in this Agreement and/or the Privacy Policy to comply with the applicable laws then Ezytrader and/or [[name of entity managing the website] shall be entitled to carry out the necessary changes with immediate effect and without requirement of any prior notice or intimation.

 

Conflicting Terms. Except as otherwise agreed, this Agreement governs and constitutes the whole agreement relating to the subject matter hereof and supersedes any other prior understanding relating to such subject matter, or the information.

 

Amendment to this Agreement. Voltej and/or its other affiliates/partners reserve the right, at their sole discretion, to change, modify, add or delete portions of these terms at any time without further notice. If this happens, the new terms shall be posted on the Ezytrader website. The continued use of the Ezytrader website by the User after any such changes constitutes the acceptance of the User of the new terms.

 

EXHIBIT A

 

RESTRICTED AND PROHIBITED ITEMS

 

•          Burglary Tools

•          Counterfeit Products

•          Database

•          Electronic Surveillance Equipment

•          Embargoed Goods

•          Fire crackers

•          Fireworks, Explosives and Explosive Substances

•          Hazardous Chemicals

•          Hazardous, Restricted, and Perishable Items

•          Items that hurt the Laws for the Protection of Historical, Artistic and Cultural significance

•          Ivory products

•          Police, Army, Navy and Air force Related Items

•          Political

•          Products without the approval and registration of government agencies such as CNG,  

           Pepper Spray, LPG, Cylinders

•          Surveillance Equipment

•          Ultrasound machines

•          Unrealistic price and other offers

•          Weapons & Knives

 

PROHIBITED PRACTICES

 

To promote a safe, fair and enjoyable experience, the User is requested, not to ---

 

•          Post Duplicate Ad listings - Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. The User is adviced to post multiple ads only if the User has different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.

 

•          Post Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended for use in sexual activity are strictly not permitted. Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.

 

•          Write Misleading Titles

 

•          Upload Inappropriate/wrong picture with the Ad

 

•          List items in inappropriate categories

 

•          Misrepresent the item location

 

•          Quote Unrealistic Price

 

OTHER REQUIREMENTS

 

The User shall at all times ensure that any listing, advertisement, posting and/or the use of the website shall not:

 

•          be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further it shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, stolen goods and or services which do not belong to the User and/or the User does not have the authority and/or the legal right in the same.

 

•          contain any viruses, Trojan horses, worms or other computer programmes that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

•          be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individual or groups. The User shall not advocate violence against other users or individuals or groups.

 

DISCLAIMER

 

The Ezytrader website is designed, developed and hosted by Voltej.

 

Though all efforts have been made to ensure the accuracy and currency of the content on this Ezytrader website, the same should not be construed as a statement of law or used for any legal purposes.

 

Voltej accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents/materials/Services offered and/or made available on the Ezytrader website. Users are advised to verify/check any information and to obtain appropriate professional advice before acting on the information provided on the Ezytrader website.

 

The Users expressly understand and agree that Voltej and its affiliates, partners, advertisers, directors, employees, agents, representatives and/or subcontractors (hereinafter referred to as ‘Associated Entities’):

 

a)  have taken due care and caution in compilation of data for the Ezytrader website. The views and tips expressed by, if any, including but not limited to, experts, agencies, companies, linked sites on the Ezytrader website are their own, and not that of Ezytrader, the Voltej and/or its management.

 

b)  make no warranty that the Services, content, live update, deferred live update etc. offered by the Associated Entities will (i) meet the User’s requirements or expectations, (ii) be uninterrupted, timely, secure, or error-free, (iii) be accurate or reliable.

 

c)  the Services are provided or made available on an “as is” basis and any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials /Services are expressly disclaimed by Ezytrader.

 

d)  any material/Services downloaded/availed or otherwise obtained is done at the User’s discretion and risk and that the User shall be solely responsible for any damage to its computer system, mobile telephone or other access device or loss of data that results from the download of any such material/service.

 

e)  no advice or information, whether oral or written obtained by the User from any of the Associated Entities shall create any warranty not expressly stated in this Agreement / Disclaimer.

 

f)   the contents, information, software, products, features and Services made available on the Ezytrader website may include inaccuracies or typographical errors. The Associated Entities may make improvements and/or changes on the Ezytrader website from time to time and at any time. Ezytrader website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Voltej/Ezytrader reserves its right to modify or discontinue any or all of the contents, information, software, products, features and Services published on Ezytrader website without any prior information or intimation.

 

g)  Voltej and its Associated Entities expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

h)   any financial transaction by the User through Credit Card/Debit Card/Internet Banking or any other like instrument for payment for delivery of Services/products/contents or the use/misuse of such Credit Card/Debit Card/Internet Banking or any other like instrument, filed by the User/on its behalf with the Credit Card/Debit Card/Internet Banking Provider shall not be binding on Ezytrader or Voltej or Voltej’s merchant bank or Voltej’s server provider which gives connectivity to internet banking service provider(s).

 

i)   the services, contents, goods and materials from or through the third party link/portal  made available on Ezytrader website are provided directly by the third party on “as-is” and/or “as available,” basis and all warranties, express or implied, are disclaimed by Ezytrader. The User’s sole and exclusive remedy for any cause whatsoever with respect to such third party links/portals shall vest with such third party from whom the Users had availed the material/services without involving Ezytrader/Voltej.

 

j) the Users agree and accept that the Users “no right to claim any charge back” is a material condition of the Agreement and once the Users hereby expressly agree to it the Users shall be stopped from challenging/disputing it in any adjudication/proceeding before any Bank/Financial institution/ Internet banking service provider or Court or otherwise.

 

k) without prejudice to Ezytrader/Voltej’s right to defend its interest(s), neither Ezytrader nor Voltej shall be made a party to any chargeback proceedings before any Bank/Financial institution/ Internet banking service provider or Court and in no case be required to prove the transaction effected by the use of the User’s Credit Card/Debit Card/Internet Banking or any other like instrument was legitimate and genuine, or that Ezytrader/Voltej has actually provided the User the downloaded content/Services.

 

The User expressly accepts acknowledges and agrees that in no event shall Ezytrader, Voltej and/or its Associated Entities be liable for any direct, indirect, punitive, incidental, special or consequential damages or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, for any reason whatsoever, arising out of or in any way connected with the use of the Ezytrader website or with the delay or inability to use Ezytrader website, or for any contents, information, software, products, features and Services obtained through the Ezytrader website, or otherwise arising out of the use of Ezytrader website, whether based on contract, tort, strict liability or otherwise.

 

The Users acknowledge that the disclaimers and exclusions of liability set forth in this Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement between Ezytrader, the Voltej and the User, taking all relevant factors into consideration, including without limitation the value of the consideration provided (if any) and the availability and costs of insurance with respect to the said risks. The User further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable laws as in force.

 

Other Details

 

The name and contact details of the entity collecting and retaining User Information are as under:

Hetal Patel

Email Id: hetalpatel27@gmail.com

Contact no: +91-9586977335

                                               

The name and contact details of the authorized officer of Ezytrader for any communication are as under:

Hetal Patel

Email Id: hetalpatel27@gmail.com

Contact no: +91-9586977335

 

The name and contact details of the Grievance Officer to be appointed in accordance with the Information Technology Act 2000 and the rules made there under, are as under:

Jigar Patel

Contact No: +91-9925996774

 

 Any aggrieved person can contact the Grievance Officer at the above mentioned address/email id along with the written details on the nature of complaint. The Grievance Officer shall redress the complaint within a period of thirty (30) days from the date of the receipt of the complaint. The Grievance Officer shall observe principles of natural justice while disposing the complaint. The Grievance Officer shall have the right to exercise the power of a civil court in calling evidence, document etc. The Grievance Officer shall act as a judicial officer having the authority to receive the complaints alleging an act in contravention of Rule 3 of the Information Technology Rules 2011.

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