Matexretail.com - User Registration

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Agreement Detail
User Agreement
USER AGREEMENT

MatexRetail.com, hereinafter called Company provides access to its online marketplace www.MatexRetail.com to individuals, sole proprietors, partnerships, businesses and corporations, hereinafter called User/”Buyer”/”Seller”, subject to the following terms and conditions as laid out in this User Agreement.

These Terms and Conditions apply to all users who register as (potential) User in any format of trade. These Terms and Conditions of Trade for User apply to all Users using the system, regardless of the physical location of the individual accessing user. 

Users represent and warrant that they are authorized and empowered to agree to this User Agreement on behalf of themselves and any entity that they purport to represent. By accessing, browsing, and or using this site, they acknowledge that they have read, understood, and agree to be bound by this User Agreement. If Users do not agree to these terms, they are requested not to use this site. 

 MatexRetail.com may amend these Terms and Conditions for User at any time and such changes will become effective 7 days after they are posted on www.MatexRetail.com By using this site, Users agree to be bound by any such revisions and therefore Users should periodically visit this page of the site to examine the then-current User Agreement to which Users are bound. 

In consideration for the use of this site, Users agree to (1) provide complete and accurate information about themselves when so prompted by this site and (2) maintain and update this information as necessary to keep it current, complete and accurate. Any use of Users’ personal information is set forth in our Privacy Policy. 

OBJECTIVE
The Company's objective is to provide an online marketplace through www.MatexRetail.com where Buyers and Sellers can transact business efficiently. The online marketplace provides Buyers with a venue to source surplus goods and Sellers with an end-to-end solution to convert surplus assets into cash. Both Buyers and Sellers (“Users”) are required to register before using the site.
REGISTRATION

Registration of each User is a prerequisite for transacting on this website. Registration is done through forms posted on the website. User affirms that he has given correct information about his business and contact details as requested in the Company's Registration Procedure. The User hereby warrants that all information will be true, accurate and complete. Registered Users at MatexRetail.com are allotted their unique User ID and Password. This should be kept confidential. MatexRetail.com shall not be held responsible for misuse or illegal use of given User ID or Password by any other person who acquires User ID and Password from registered Buyer by any manner without the knowledge of registered buyer. The buyer is responsible for all trades carried out using his User ID and Password.

USER
The Services are available only to individuals or entities that can form legally binding contracts.  The Company reserves the right to review and verify the information provided in your registration application and to reject or grant approval at its sole discretion.

SELLER TERMS

“POST LISTING”

Users/Sellers looking to sell their assets or goods through this website hereby agree that they are solely responsible for the accuracy, completeness and validity of all the information describing the assets listed for sale in the Post Listing” option. Sellers affirm, represent and warrant that the seller will not list
1.	any goods that infringes any third party' s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
2.	any goods that may violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); 
3.	any content/goods that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (
4.	any content/goods that is obscene, harmful to minors or child pornographic; 
5.	any content/goods that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 
6.	any content/goods that is materially false, misleading or inaccurate

Sellers further agree, affirm and accept that 
1.	they legally own the assets listed
2.	the listing details provided are accurate with respect to the type, quantity, condition etc of the goods posted for sale  
3.	the goods are free of any legal encumbrance or mortgage
4.	the goods posted for sale will mean an irrevocable offer to sell and will be delivered to the winning bidder and will not be otherwise sold out or disposed off before the end of the stated auction period.
5.	the goods posted for sale will not be withdrawn during the course of the auction

SALE OF GOODS

By posting his goods for sale, Seller enters into a binding contract to sell his goods to the eligible winning bidder. Seller agrees to pay the Company a success-based transaction fee for enabling sales through their website. The transaction fee will be 10% of the sale price ie., the price for which the final bid is made, plus service taxes as applicable. Seller hereby agrees that if the contract of Sale is not completed due to non-delivery or misrepresentation of goods, the Seller could be liable for damages payable to the company up to a maximum of Rs.20000, payable immediately.

The company reserves the right to collect and retain a percentage of the winning bid price as Buyer Fee from its buyer in lieu of handling and service charges.

All of the Company’s success based fees are deducted from the proceeds of the sales. All agreed payments are due within 15 business days of invoice. 
Sellers acknowledge that despite the Companys best efforts, Buyers may fail to perform. MatexRetail.com basically facilitates trade between buyer and seller and cannot be held responsible for any failure on the part of the buyer.If the winning bidder fails to perform, MatexRetail.com will contact the next highest bidder and offer the goods for sale.
 BUYER-TERMS 

Users who wish to buy using this website hereby agree that they are responsible for all details provided by them. Buyers further affirm, represent and warrant the following: 
1.	By bidding on any goods available for sale on the website, he is confirming his purchasing power and willingness to buy the goods bid for
2.	It is understood that he has placed bid after thoroughly reading and accepting all terms related to conditions of sale – regarding quantity, quality, shipping terms, returns policy etc.
3.	Once the bid is placed, it is an irrevocable final offer to buy and cannot be retracted or modified without prior approval by the company
4.	At the close of an auction, if the buyer is the winning bidder, he agrees to make immediate payment for the total amount of the transaction including Buyer Fees, shipping costs and all taxes, if any.
5.	Once the shipping terms have been agreed upon, buyer will act accordingly and if the accepted terms were “Buyer will take delivery”, make his own transport arrangements to lift goods.
6.	On receipt of goods, buyer will inspect the goods and in case of gross misrepresentation of facts, file a dispute with the company within 3 business days by submitting a Complaint Form.
7.	Buyer will make payment through DD or Credit Card through the payment gateway provided by the company and make payment not later than 2 business days of the payment notification.
8.	If payment is not received within 2 business days, the buyer will be deemed to have defaulted and will be liable to pay a penalty of 15% of the final bid price. 
9.	Buyer will not be allowed to participate in an auction unless payment dues from him for a winning auction have been received.
10.	If the buyer after confirmation of winning bid, fails to make payment or rejects goods delivered or does not take delivery of goods, as the case may be, the buyer’s account will be terminated.
11.	If the buyer is the cause for failure of the transaction to be completed he has to pay the company a penalty of 15% of the final bid price.
12.	If in spite of etrade’s best attempts the Seller does not deliver and the transaction remains incomplete, etrade cannot be heldresponsible. etrade’s liability will be restricted to refund of payment made for that particular auction.TERMS FOR BUYERS AND SELLERS 

NON-CIRCUMVENTION
Users agree not to contact, negotiate or communicate any information of any kind with any other Registered User directly in an attempt to complete the sale of assets through a means outside of the Company's website. Such a transaction will be deemed to be a “Circumventing Transaction”. In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller's auction, Seller understands and agrees that Seller is obligated to immediately remit a success fee to the Company equal to 15% of the final gross sale price for the goods sold in the Circumventing Transaction. This non-circumvention clause shall apply to Users and their principles, agents and representatives, including but not limited to employees, consultants, bankers, attorneys, accountants, assignees, heirs. 

MatexRetail.com Pvt. Ltd. takes no responsibility of the quality, quantity, documentation details of buyers/sellers. Both the buyers & sellers agree to defend indemnity and hold harmless MatexRetail.com Pvt. Ltd from any loss, damage, cost and expenses caused by the transaction. In no event shall MatexRetail.com be liable for any loss for the transactions by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and have understood in full that MatexRetail.com has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since MatexRetail.com does not possess knowledge base of the commodities under transaction both the parties agree that the matter contained in the materials as a part or as a whole does not violate any applicable law.
LICENSE GRANT AND RESTRICTIONS
MatexRetail.com hereby grants Users a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use this site only for managing the purchase and/or sell for themselves or on behalf of their entity. Users may not rent, lease, grant a security interest in, or otherwise transfer any rights they have in the use of this site. Users are prohibited from reselling or acting as a service bureau for the purchasing and/or selling services of this site. Users are also prohibited from reverse engineering, modifying, de-compiling, disassembling, translating or otherwise attempting to derive source code from any part of this site. SITE CONTENT 
Unless otherwise noted, all materials, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the Content) on this site and all intellectual property rights therein, are owned, controlled or licensed by MatexRetail.com The site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by MatexRetail.com, its Partners, or its suppliers. The Content and software on this site may be used only for conducting business between you and Partners, or buyers and/or suppliers on this site. Any other use, including the reproduction, modification, creating derivative works, distribution, transmission, display, or performance, of the content on this site is strictly prohibited. 
MatexRetail.com and other graphics, logos, service marks, and trade names used on this site by MatexRetail.com are the trademarks of MatexRetail.com, its Partners, or its suppliers or buyers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in MatexRetail.com's trademark use policy, which may be made available from time to time. All other trademarks, service marks, and trade names (including third party product names) used on this site are the property of their respective owners. 
 
USER SUBMISSIONS 
MatexRetail.com reserves the right to edit and post the questions or comments you submit to MatexRetail.com along with their answers without revealing your full name, email address, or phone number. All communications, comments, feedback, suggestions, ideas, and other submissions submitted to MatexRetail.com (collectively, Submissions) shall be and remain MatexRetail.com's property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the Submission hereby assigned to MatexRetail.com from you. 
 
USER COMMUNICATIONS 
MatexRetail.com may, but is not obligated to, monitor or review any areas on this site where users transmit or post communications to or through this site or communicate with other users of this site and the content of any such communications. MatexRetail.com, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. Users are solely responsible for all content including, but not limited to, photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, User Content) that Users post, email or otherwise transmit via this site. MatexRetail.com does not control User Content posted, emailed or otherwise transmitted via this site and, does not guarantee the accuracy, integrity or quality of such User Content. Users shall not provide any User Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) is obscene, harmful to minors or child pornographic; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vi) is materially false, misleading or inaccurate. Users understand that by using this site, Users may be exposed to User Content that is offensive, indecent or a violation of individuals' or proprietary rights. Under no circumstances will MatexRetail.com be liable for any User Content posted, emailed or otherwise transmitted through this website by Users of this site. MatexRetail.com may, at its sole discretion, take any action MatexRetail.com deems necessary if MatexRetail.com believes a user's conduct fails to conform with these terms and conditions or may create liability for MatexRetail.com, Partners, its suppliers, or buyers or other users. 
 
INDEMNITY 
Users agree to defend, indemnify and hold MatexRetail.com, and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of their use of this site, any Submission or User Content they post, email or transmit to or through this site, their violation of this , or their violation of any third party rights.
DISCLAIMER OF WARRANTIES
MatexRetail.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, ITS CONTENTS, ANY INFORMATION MADE AVAILABLE ON THIS SITE, MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE. MatexRetail.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL OF THE FOREGOING. FURTHERMORE, MatexRetail.com, ITS PARTNERS, AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE, INCLUDING TO THE PRODUCTS AND PRICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.MatexRetail.com, ITS PARTNERS, AND ITS SUPPLIERS DO NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT MESSAGES OR REQUESTS WILL BE DELIVERED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
 
LIMITATION OF LIABILITY
IN NO EVENT WILL MatexRetail.com, ITS PARTNERS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO