OVERVIEW

This “Terms of Use” Agreement (the "Agreement") describes the terms and conditions applicable to your use of our website, https://traderaise.com(hereafter referred to as the "Site"). This Agreement is entered into between you (the "User"/ “You”) and TRADERAISE PRIVATE LIMITED (“Service Provider”).

By accessing and using this Site, you indicate that you accept (unconditionally and irrevocably) this Agreement and the Privacy Policy linked to this Agreement, along with all applicable laws and regulations and it shall be a legally binding Agreement between you and Service Provider. If you do not accept the terms and conditions of this Agreement or do not wish to be bound by this Agreement, please refrain from using the Site and exit immediately.

You should be minimum (18) eighteen years of age or above and should have read and accepted the full Agreement and the linked information before using the site. The Site is owned and operated by TRADERAISE PRIVATE LIMITED (Service Provider). You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions hereinafter contained in it.

MODIFICATION OF THE SITE

Service Provider reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice, at its sole discretion. By your continuous use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates. Service Provider only grants you permission to access and make use of the Services provided in the Site. You are not authorized to download the code, prohibited content or modify/ alter/ change/ amend/ vary/transform/ revise the Site in any manner.

USAGE OF SITE

This Site acts only as a venue/platform for its Users to negotiate/interact for acquiring services, on such terms and in the manner mutually agreed between User/You and the other party.All transactions between User/You and other party shall be bipartite agreements only and Service Provider shall not be involved in the actual transaction taking place between Users/You and other party. Service Provider is therefore not a party to any contract/sale, negotiated between User/You and other party. All transactions under the Site will solely and exclusively be your responsibility. Service Provider merely acts as a facilitator and will not be liable for any loss that you may incur, while negotiating / interacting or for any act / omission of any third party. You are advised to be diligent and exercise due & pragmatic caution before agreeing upon any understanding. Users may use this Site solely for their own personal or internal purposes.

You agree that you shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of re- selling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), or operating a business that competes with Service Provider.

Systematic retrieval of any information from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the prior written permission from Service Provider, is prohibited. In addition, use of the content or materials of the Site, for any purpose not expressly permitted in this Agreement is prohibited.

As a condition of your use of the Services provided under the Site, you shall not undertake any scheme which will undermine the integrity of the computer systems or networks used by Service Provider and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. You shall not use the services provided by Service Provider in any manner that could damage, disable, overburden or impair any Service Provider's server or the network(s) connected to any Service Provider server or interfere withany other party's use and enjoyment of any Services.

RESTRICTIONS

User/You will not, and you will not assist, permit or enable others to, do any of the following:

 a.   use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy or record the Site or Services or deeds;

 b.   copy, transfer, assign, sublicense, modify, alter, or create derivative works of any part of the Services or any of our Intellectual Property etc.;

 c.   remove any copyright notices or proprietary legends from the Services;

 d.   take photos, screenshots or other images of the Services or otherwise extract reports and other output of the Services, other than records of your auction registrations and past purchases that you take via any download and related functionality provided on the Services ("User Account History and Content");

 e.   use the Services in any manner or for any purpose that violates any applicable law of land, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;

 f.   use the Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;

 g.   use the Services for benchmarking or competitive analysis of the Services;

 h.   impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose, including, for example, for domain spoofing or other forms of phishing;

 i.   share passwords or authentication credentials for the Services;

 j.   You may never use another User's User Account without permission.

 k.   Engage in any form of shill bidding, including collusion, bid manipulation and bidding on items that you, or a party affiliated with you, are selling in an auction.

THIRD PARTY CONTENT

Some of the Content/information displayed on this Site is provided or posted by third parties ("Third Party Content") which may be from independent websites, over which Service Provider has no control or ownership. Service Provider may not be the author of third-party content, whether contributed by anonymous users or paid content providers. You agree and understand that by visiting such websites you are beyond Service Provider's Site. Neither Service Provider nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Service Provider is not responsible for the authenticity, availability, suitability, reliability, accuracy, propriety, 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, as the same is provided on "as is" without warranty of any kind. In addition, Service Provider is not responsible for the conduct of any User's activities on the Site, 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. Service Provider may allow User access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's 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 the terms and conditions of your use of such websites. User acknowledges that Service Provider has no control over such third party's website, does not monitor such websites, and Service Provider shall not be responsible or liable to anyone for such web site, or any content, products or services whatsoever that made available on such a website.

CHANGES TO THE SERVICES

We may, without prior notice, change the Site or Services, stop providing the Services or features of the Services, to you or to Users generally, or create usage limits for the Site and Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of access for any reason or no reason, you continue to be bound by this Agreement.

TERMINATION /SUSPENSION/DEACTIVATION OF ACCOUNT

If Service Provider reasonably believes that an account and Password is being used / misused in any manner as clarified below, it reserves the absolute right to suspend, or terminate the service to the User and shall prohibit access to our Site, remove hosted content, and take technical and legal steps to keep such users off the Site.

In connection with the violation pertaining to the foregoing or violation of any user terms provided herein, Service Provider may, at its sole discretion refuse service, restrict, suspend, terminate your account; refuse, move or remove for any reason: a.) any material/information submitted/available on the Site; b.) Deactivate or delete your accounts and all related information and files in your account; c.) any material displayed on the Site which it reasonably believes is unlawful, or that could subject Service Provider to liability, or violates this Agreement; d.) cancel orders (offer/proposal on items entered by You) in its sole discretion with or without cause, and with or without any notice.

Service Provider reserves its right to refuse service, restrict, suspend, terminate your business account; (Terminate this Agreement; Terminate or suspend your access to the Service Provider's Site; Refuse; Deactivate or delete your business accounts and all related information and files in your business account; and, remove or edit contents or cancel orders (entered by you) in its sole discretion and/or with or without cause and / or with or without any prior notice for any violation of the Terms of Use or due to any reason, whatsoever;

Upon such termination or suspension or deactivation etc. your right to use the Service Provider's Site will immediately cease. You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account. Notwithstanding the above, Service Provider may Reactivate the deactivated account / Reinstate the suspended / deactivated account, upon (i) User providing the required data and documents as sought by Service Provider. Within 48 Hours, Service Provider will activate the User's account and intimate the User, accordingly. In addition, Service Provider reserves the right to introduce newer type(s) of fee, charges or other consideration, cancel, modify, increase, decrease or withdraw the Reactivation/Reinstatement Fees levied, at any point of time and without your prior consent.

FEE

The User shall pay a mutually agreed fee to the Service Provider to facilitate the services. Goods & service Tax (GST) shall be payable over and above the fee. The Service Provider reserves the right to modify the fee at any time without any further notice to the User. Any and all fees paid by the User to the Service Provider shall be non-refundable and non-transferable.

USER INFORMATION

Service Provider reserves the right to cooperate fully with governmental authorities, private investigators and/or third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity. Furthermore, Service Provider may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Service Provider shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Service Provider for such disclosure.

The User hereby agrees that Service Provider shall have no liability to User, including no liability for consequential or any other damages, in the event Service Provider takes any of the actions mentioned in the above clause, and that the User agrees to bear the risk that Service Provider may take such actions.

TRANSACTIONS BETWEEN REGISTERED USERS AND THIRD PARTY

Service Provider only provides an electronic web-based platform for exchanging information between Users and third party. Service Provider does not represent the User in specific transactions. You agree that Service Provider does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the services offered on the Site or the ability of the Sellers to complete a sale or the ability of buyers to complete a purchase. The Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Service Provider uses several techniques to verify the accuracy of the information. However, user verification on the Internet is difficult, and Service Provider cannot and does not confirm each User's purported identity. Service Provider encourages you to use all reasonable measures to evaluate the persons you are dealing with.

Each User acknowledges and assumes the risks of transactions when using the Site, and fully understands the risks of liability or harm of any kind in connection with services that are the subject of transactions using the Site. Such risks also include the risks that the User may incur as costs of defense or other costs in connection with third parties' assertion of third party rights.

Each User agrees that Service Provider shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any transaction risks.

The 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 Site, including, without limitation, terms regarding payment, returns, warranties, insurance, fees, Taxes, title, fines, permits, handling, transportation, etc.

DISPUTES WITH OTHER USERS

You are solely responsible for your direct interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We will have no liability for your direct interactions with other Users, or for any User's action or inaction.

ARBITRATION

In the event of any dispute or difference should arise on any matter relating to or arising out of this Agreement the same shall be referred to the Arbitration of a Sole Arbitrator to be appointed by Service Provider whose decision shall be final and binding upon the parties. The sole Arbitrator shall conduct the arbitration proceedings in accordance with the Arbitration and Conciliation Act 1996 (as amended up to date) and the place of the Arbitration shall be at Noida.

JURISDICTION

This Agreement shall be governed by the laws of India without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Uttar Pradesh.

Contact Us

Via [email protected]