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The "M3" MSTC Metal Mandi™ portal offers to the Buyers of Metal Sector two options namely: Fixed Price System or Enquiry Based system or both to place their orders for a wide variety of products offered by various Sellers on Pan-India basis.
Terms Of Usage Of Fixed Price System on "M3" MSTC Metal Mandi™ portal
Buyer declares to have fully understood the modus operandi and accepts theTerms & Conditions (as provided below) of MSTC's Fixed Price System, as offered on "M3" portal pertaining to purchase of materials.
1. | Fixed Price System feature under "M3" MSTC Metal Mandi™ portal is an e-platform which provides the Buyer to choose from a wide variety of Items of Metal Sector offered by different Sellers at various rates. |
2. | Buyer confirms to have fully made himself conversant with and accepted the Seller Specific Terms & Conditions, Product Test Certificate etc as offered by the Seller for any particular product. In case the Buyer has any query pertaining to the Seller specific Terms & Conditions or Product Test certificate (Pertaining to quality analysis & technical specifications of the product) he may choose to communicate directly with the Seller (based on Contact information provided on the "M3" MSTC Metal Mandi portal).Buyers to specifically note that MSTC has no role in the same and under no circumstances be held liable for any issue/ loss whatsoever suffered by the Buyer. In addition to the above, Buyer may choose third party agency for product inspection/Quality analysis at its sole discretion based on mutually agreed terms between the Seller & the Buyer where MSTC Limited shall have no role in Product Inspection / Quality Analysis. |
3. | In case the Seller is unable to deliver the contracted material to the Buyer after payment of the material value by the Buyer to MSTC, MSTC's liability shall be limited only up to the refund of requisite material value payment as received to the Buyer within the earliest possible time. In any event MSTC Limited shall not be liable to make any payment towards interest/ compensation on the material value paid by the Buyer. |
4. | MSTC reserves the right to deregister a Buyer on receipt of complaints from Seller/s pertaining to irrelevant product related queries or generation of challans to distort the e-market place or for any unethical / immoral / illegal practices thereby causing inconvenience to both the Seller and platform provider i.e., MSTC Limited, without any notice/ reference to the Buyer. |
Terms Of Usage Of Enquiry Based System on "M3" MSTC Metal Mandi™ portal
Buyer declares to have fully understood the modus operandi & accepts the Terms & Conditions (as provided below) of MSTC's Enquiry Based system offered as an additional feature on "M3" MSTC Metal Mandi™ portal pertaining to purchase of materials.
1. | Enquiry Based system is a medium for submitting enquiries to the seller and receiving desired information for entering into a transaction as per agreed terms between buyer and seller. It is further clarified that MSTC being just the platform provider of "M3" MSTC Metal Mandi™ portal has no role to offer in settlement of final order (using Enquiry Based system) between the Seller and the Buyer. |
2. | Order will be finalized between the Buyer & the Seller directly against the enquiry generated on "M3" MSTC Metal Mandi™ portal and all relevant terms and conditions, rate, quantity, payment terms etc. shall be finalized between the buyer and seller on mutually agreed terms. |
3. | MSTC Limited shall have no role to play in case of any dispute between Buyer & Seller arising out of material quality, quantity, delivery period etc keeping in view that Buyer submits his filled up enquiry form at its sole discretion after viewing the product portfolio and selecting the desired product and specifications offered by the seller on Enquiry Based system. |
4. | Buyer agrees and accepts that he has made himself fully acquainted about the detailed terms & modalities pertaining to submission of product relevant enquiries while availing Enquiry Based system feature on "M3" MSTC Metal Mandi™ portal for purchase of materials. |
General Terms of Usage of "M3" MSTC Metal Mandi™ portal
1. | Buyer understands that all information including data, text, software, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the individual from which such Content originated. | ||||||||||||||||||||||||||
2. | Further Buyer hereby agrees not to use the Service to : | ||||||||||||||||||||||||||
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3. | Buyer acknowledges that MSTC Limited does not pre-screen Content, but MSTC and its designees may in their sole discretion refuse or remove any Content that is available via the Service. Further Buyer agrees that he must evaluate, and bear all risks associated with, the use of any Content, and in all other parts of the Service.
Further Buyer acknowledges and agrees that MSTC may preserve Content and may also disclose Content if required to do so by law or in the good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the aforesaid Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MSTC, its users and the public. Under no circumstances MSTC Limited be held liable for any such disclosures made. Buyer also understands that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. |
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4. | Buyer agrees to indemnify and hold MSTC Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including lawyers' fees, made by any third party due to or arising out of Content submitted, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms & Conditions, or your violation of any rights of another. | ||||||||||||||||||||||||||
5. | Registration obligations: In consideration of use of the Service, Buyer agrees to: (a) provide true, accurate, current and complete information in the online Buyer Registration Form to be filled by him and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. . If Buyer provides any information that is false, inaccurate, not current or incomplete or MSTC has apparent / reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete. MSTC has the right to suspend or terminate Buyer's account and refuse any and all current or future use of the Service (or any portion thereof). | ||||||||||||||||||||||||||
6. | MEMBER ACCOUNT, PASSWORD AND SECURITY: Buyer will create his own password and user-id during the course of Buyers' registration process. He shall be responsible for maintaining the confidentiality of the password and account, and shall be fully responsible for all activities that occur under his password or account. He agrees to (a) immediately notify MSTC of any unauthorized use of his password or account or any other breach of security, and b) ensure that he should exit from his account at the end of each session. MSTC cannot and will not be liable for any loss or damage arising from failure at Buyer's side to comply with these requirements. | ||||||||||||||||||||||||||
7. | Buyer agrees that MSTC, in its sole discretion, may terminate password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, that if MSTC believes Buyer have violated or acted inconsistently. Buyer agrees that any termination of his access to the Service may be effected without prior notice, and acknowledge and agree that MSTC may immediately deactivate or delete his account and all related information and files in his account and/or bar any further access to such files or the Service. Further, he agrees that MSTC shall not be liable to Buyer or any third-party for any termination of its access to the Service. | ||||||||||||||||||||||||||
8.0 | TRADEMARKS AND COPYRIGHTS
The buyer acknowledges and agrees that wherever applicable, the contents, including but not limited to the text, software, music, sound, photographs, graphics, video, or other material contained in the Website, including advertisements or information are protected by domestic and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The buyer is permitted to utilize these material and information only for personal use, and shall not copy, reproduce, transmit, distribute, or create derivative works of such contents or information without express authorization. MSTC shall not be held liable for misuse or infringement of any trademark or copyright by the buyer, and the buyer shall be solely liable for any damages, claims, actions, etc. for infringement or violation of the same. MSTC Limited reserves the right at its sole discretion to terminate the access of the buyer to the Website, if the buyer violates the provisions of this clause. |
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9.0 | INTEGRITY PACT The above mentioned Buyer Registration Terms & Conditions on "M3" MSTC Metal Mandi portal shall be governed by the Integrity Pact as available in the MSTC's website www.mstcindia.co.in and the Buyer hereby confirms having accessed & read and understood the same. |
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10.0 | PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy available on www.mstcecommerce.com/m3 |
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11.0. | ARBITRATION Any dispute or difference arising between MSTC and the buyer in connection with the interpretation or implementation of the terms and conditions hereof shall be referred to a Sole Arbitrator to be appointed mutually by the parties. In case parties fail to appoint the Sole Arbitrator within 30 days of the invocation of the arbitration by any party, the Sole Arbitrator will be appointed as per the provisions of the Arbitration and Conciliation Act, 1996, as amended. The provisions of the Arbitration and Conciliation Act, 1996, as amended, shall apply to such arbitration. The venue of such arbitration proceedings will be at Kolkata and the language of such arbitration shall be English. The costs & expenses of the arbitration proceedings shall be borne equally by the parties hereto. The award of the Sole Arbitrator shall be final and binding on the parties. |
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12.0 | JURISDICTION Subject to the arbitration clause as above, court at Kolkata shall have exclusive jurisdiction in all matters arising out of or in connection with the "M3" MSTC Metal Mandi™ . |
MSTC LIMITED © Company 2015