1. Application and Acceptance of the Terms
In connection with using or accessing the Services you will not:
a) Post, list or upload content or items in inappropriate categories or areas on our Site;
b) Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
c) use our Services if you are not able to form legally binding contracts (for example if you are under 18 or are temporarily or indefinitely suspended from using our Site, Services, applications or tools, or if you are not permitted to receive any Services under the laws of India or other countries / regions including the country / region in which you are a resident or from which you use the Services;
d) Fail to pay for items purchased by you, unless otherwise provided for in the Terms;
e) Fail to deliver items sold by you, unless otherwise provided for in the Terms;
f) Manipulate the price of any item or interfere with any other user's listings;
g) Post false, inaccurate, misleading, defamatory, or libelous content;
h) Take any action that may undermine the feedback or ratings systems;
i) Transfer your Tron account and user ID to another party without our consent;
j) Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
k) Distribute viruses or any other technologies that may harm Tron, or the interests or property of any user;
l) Use any robot, spider, scraper or other automated means to access our Services for any purpose;
m) Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
n) reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Tron, or that comes from the Services and belongs to another Tron user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property rights, except with prior express permission of Tron and/or any other party holding the right to license such use;
o) Commercialize any Tron application or any information or software associated with such application;
p) Harvest or otherwise collect information about users without their consent; or
q) Circumvent any technical measures we use to provide the Services.
If we believe you are abusing Tron in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services or accessing the Site.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
You acknowledge and agree that Tron may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree to be bound by such amended Terms.
If Tron shall post or provide a translation of the English language version of the Terms, such translation is provided for convenience only and the English language version of the Terms will govern your use of the Services and the Site.
You may be required to enter into a separate agreement, whether online or offline, with Tron or any affiliate for any Services (“Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall prevail over the Terms only with respect to the Services at issue.
2. Provision of Services
You must register as a member on the Site in order to access and use the Services. Further, Tron reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying users or subject to other conditions that Tron may impose in its discretion from time to time.
Services (or any features within the Services) may vary for different regions and countries. Tron may, in its sole discretion, limit, deny or create different levels of access to, and use of, any Services (or any features within the Services) for different users.
Tron may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice thereof, except that in the case of fee-based Services, such changes will not substantially affect user enjoyment of such fee-based Services in an adverse manner.
From time to time, certain Services may be provided by Tron’s affiliates on behalf of Tron.
3. Users Generally
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations related thereto.
Tron may allow users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read the terms and conditions and/or privacy policies before using such services offered by third parties. You acknowledge that Tron has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such web sites.
By posting or displaying any information, content or material on the Site or providing any user content to Tron or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Tron to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the user. You confirm and warrant to Tron that you have all the rights, power and authority necessary to grant the above license.
4. Member Accounts
User must be registered on the Site to access or use the Services (a registered user is also referred to as a “Member” below). Except with Tron’s express approval, one user may only register one member account on the Site.
Upon registration on the Site, Tron shall assign an account and issue a member ID and password (the latter shall be chosen by a registered user during registration) to each registered user. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
Each Member ID and password is unique for a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of the Member ID and password and for all activities that occur under such account. No Member may share, assign, or permit the use of its Member account, ID or password by another person outside of the Members business entity. Member agrees to notify Tron immediately if it becomes aware of any unauthorized use of its password or its account or any other breach of security of its account.
Member agrees that all activities that occur under the account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
Member acknowledges that sharing its account with other persons or entities, or allowing multiple users outside of your business entity to use your account (collectively, "Multiple Use"), may cause irreparable harm to Tron or other users of the Site. Member shall indemnify Tron, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result ofMultiple Use. Member also agrees that in case of Multiple Use or Member’s failure to maintain the security of its account, Tron shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
Each Member represents, warrants and agrees that (a) it has full power and authority to accept and perform the Terms; (b) its use of the Site and Services is for business purposes only; and (c) the address it provides during registration is the principal place of business.
Each Member represents, warrants and agrees that any information or material submitted during the registration process or thereafter is true, accurate, current and complete, and (b) it will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Each Member represents, warrants and agrees that (a) it shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any user content that Member submits, posts or displays on the Site; (b) any user content that Member submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) Member has the right and authority to sell, trade, distribute, export or offer to sell, trade, distribute or export the products or services described in the user content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each Member further represents, warrants and agrees that the user content that Member submits, posts or displays shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the PrivacyPolicy, the Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other websites which include any content that may violate the Terms.
Member acknowledges and agrees that Tron shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message, material, or information created, obtained or accessible through the Services or Site. Tron does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
6. Breaches by Members
Tron reserves the right in its sole discretion to remove, modify or reject any user content that Member submits to, posts or displays on the Site.
If any Member breaches any Terms or if Tron has reasonable grounds to believe that any Member is in breach of any the Terms, Tron shall have the right to impose a penalty against such Member, or suspend or terminate the Member’s account or subscription of any Services.
If a Member is in breach of the Terms, Tron also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Tron further reserves the right to disclose the records of such breach to our affiliates including, without limitation, Google, Taobao, Alipay, China Yahoo!, etc.
Each Member further agrees that Tron is not responsible, and shall have no liability to Member or any third party for any user content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member.
7. Transactions Between Buyers and Sellers
Through the Site, Tron provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Tron additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site subject to the terms of the Tron [Transaction Services Agreement]. However, for any Services, Tron does not represent either the seller or the buyer in specific transactions. Tron does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Tron uses several techniques to verify the accuracy of certain information our paying users provide us when they register for a paying membership service on the Site. However, because user verification is difficult, Tron cannot and does not confirm each user's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Each user acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that user may incur costs of litigation or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by users of the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks." Each user agrees that Tron shall not be liable or responsible for any damages, claims, 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. Furthermore, each Member represents and warrants that its use of the Site or Services is in accordance with industry practices and safety standards related to any product or Services offered on the Site and is in strict compliance with all applicable laws and regulations, now and hereinafter enacted.
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 or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User agrees to provide all information and materials as may be reasonably required by Tron in connection with your transactions conducted on, through or as a result of use of the Site or Services. Tron has the right to suspend or terminate any users account if the user fails to provide the required information and materials.
In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify Tron (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TRON ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND TRON HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; TRON DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; TRON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Tron has been advised of, or should have been aware of, the possibility of any such losses arising.
9. Force Majeure
Under no circumstances shall Tron be held liable for any delay or failure or disruption of the content or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
Tron is the sole owner or lawful licensee of all the rights and interests in the Site and the Site content. The Site and Site content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site content shall remain with Tron, our affiliates or licensors of the Site content, as the case may be. All rights not otherwise claimed under the Terms or by Tron are hereby reserved.
"TRON" and "www.tron.in" and related icons and logos are registered trademarks, trademarks, or service marks of Tron quality inventor PVT LTD, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
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