Part - I TERMS AND CONDITIONS
JK Sugars and Commodities Pvt. Ltd. (Formarly known as JK Ebuy Sugar Pvt. Ltd.) an enterprise of Indian origin (hereinafter “eBuySugar”), operates a business to business sugar commodities trading platform through www.ebuysugar.com
JK Sugars and Commodities Pvt. Ltd. provides this Site to you subject to the following conditions.
By visiting the www.ebuysugar.com
which includes the website as well as the Mobile Application or any other electronic platform provided by eBuySugar, you accept these conditions. Please read them carefully. In addition, when you use current website or any other website which JK Sugars and Commodities Pvt. Ltd. launches in future or website launched by its assignees, business affiliates in respect of this business, you will be subject to the guidelines, terms and agreements applicable to such service or business.
which is a SSL secured website or mobile application or any other electronic platform as provided from time to time. Reference to eBuySugar shall include reference to all platforms provided to User.
- JK Sugars and Commodities Pvt. Ltd., an enterprise of Indian origin (hereinafter “eBuySugar”), operates business to business sugar commodities trading platform through www.ebuysugar.com ; as well as any other eBuySugar-brand or JK Sugars and Commodities Pvt. Ltd..-operated services provided to you by eBuySugar (the eBuySugar websites and JK Sugars and Commodities Pvt. Ltd. operated online services are together referred to as the "Website" or “Websites” or mobile application or any other electronic platform as provided from time to time. The eBuySugar Online platform shall facilitate purchase and sale of Sugar, Khandsari Sugar, Jaggery & Jaggery Powder ( herein after referred to as ‘Sugar’ with each of its User also referred to as Registered Members. Sugar can be bought and sold online using the Platform's buying / selling option. User can buy / sell any quantity of Sugar, Khandsari Sugar, Jaggery & Jaggery Powder on the Platform, subject to fulfillment of other stipulated conditions.
- If you do not agree to this agreement, then do not browse or use the website or Mobile Apps and do not register to become a registered member, and, if you are a registered member, then you may cancel your membership.
- Any transactional risks of any kind associated with the importation, exportation, purchase or sale of products and/or services offered through the website shall be fully borne by you as a user. You are solely and fully responsible with respect to all applicable terms and conditions pertaining to any trade or business transactions made pursuant to your use of this website.
- eBuySugar is the owner of this website and has full right to manage and operate this website.
- The user accessing this website for any purpose shall be of 18 years of age or above. In the event, if the user is below 18 years of age, the user shall be responsible for its own actions, and is visiting the website at its own risk. The user by visiting the website represents and warrants that it has the right, authority, and capacity to use this Website and also agrees to abide by these Terms and Conditions. Further, the user also agrees to use this Website in a manner consistent with any and all applicable laws and regulations.
- Subject to this Agreement, you may use the Website as a "Visitor" (which means you are browsing the Website, utilizing its content and services and/or interacting with others) or a "Registered Member" (which means you have registered through some means of using the Website). Visitors and Registered Members shall collectively be referred to herein as "Users".
- As a Registered Member, it is a condition of your use of this Website that all the information you provide on this Website will always be correct, current, and complete. Depending on your use of the Website, you may have an online area consisting of content and services that you manage and maintain and such other functionality made available to you on the Website (such online area, your "Hotsite"). In addition, as a Registered Member, you may post trade leads to buy sugar commodity, sell sugar commodity or look for distribution partners and sellers.
- Your use of the Website is governed by this Agreement. You may not use this Website for any other purpose without EBUY SUGAR’s express prior written consent. For example, you may not (and may not authorize any other party to: (i) co brand this Website, or (ii) frame this Website, or (iii) hyper-link to this Website, without the express prior written permission of an authorized representative of eBuySugar; provided however, that you may market, promote and hyper-link to your Hotsite that is distributed through the Website.
- eBuySugar reserves the right to terminate User's access to the Website or any part thereof at any time, for any reason without any notice. Such cases of termination shall not affect the provisions of disclaimer of warranty, accuracy of information, software, database other system or functionality of this website, pending liabilities, if any, and indemnification shall survive such termination.
- The Website includes proprietary information (including copyrighted works, trademarks, service marks, logos, information, texts, graphics, software, files, directories, listings and databases) owned by eBuySugar, third parties and licensors, which we refer to as "eBuySugar Content". Additionally the Website includes (or may include) the ability for Visitors and Registered Members to add "User Content" to personalized areas or "profiles" and to add comments, messages and other communications in various areas of the Website; we define and refer to "User Content" below.
- eBuySugar has the exclusive right over the material/ information being displayed on this website, except the third party content. This Website uses software, text, images, graphics, video and audio which belong to or are licensed to eBuySugar.
- Procedure binding on the Buyer & Seller while transacting on eBuySugar website:
Buyer & Seller (herein after referred to as “Users”) shall be registered members of www.ebuysugar.com for sugar commodity having necessary licenses of trading and statutory approvals for purchase and sell of sugar commodity for domestic and international markets as per pre-requisites for trading and will be allowed to participate in the e-trade of sugar commodity to be conducted by the seller or the buyer through the portal of www.ebuysugar.com
. JK Sugars and Commodities Pvt. Ltd. shall be counter party to the trades of the User. (Illustration: Where a user is a buyer then eBuySugar shall be the Seller and where a user is a seller then eBuySugar shall be the Buyer to the said transactions). Where the e-trade goes through successfully and the transaction is confirmed the same shall be communicated by e-mail as well as on the eBuySugar website to the User. The transactions shall be on Principal to Principal basis with eBuySugar acting as counterparty Principal to the User/ Registered members both to the Buyer as well as the Seller.
- Pre-Requisites for e-trade: User (buyer or seller) means an individual or legal entity having necessary licenses of trading and statutory approvals to transact in sugar commodity, who is interested to transact the specified sugar commodity as per the grade and quality on “as is where is basis”. Buyer may contact the EBUY’s office for any clarification regarding quality of products, location of the delivery premises, trading process, delivery instructions, payment instructions or any such query.
- E-trade Timing and Date: The e-trade timing on www.ebuysugar.com will be between 10 a.m. to 8 p.m. on all working days except Sunday as per sugar commodity trading calendar and the offer be valid till the counter party does not close the offer.
- Contract Specification: When the seller issues/ publishes its offer on www.ebuysugar.com the following details will be specified.
Sugar mill’s name, delivery location, grade, season, payment and lifting date, quantity, GST & PAN numbers, EMD - Early Money Deposit, payment - bank details and other special terms and conditions.
- Variation in available quantity of commodity on account of storage gain/ loss: At the time of actual physical delivery to the buyer, there may be a variation in colour, crystal size and traded quantity on account of storage gain/ loss.
- Post Approval of e-trade: Once the order/ offer have been accepted, both the parties are bound by the terms hereunder:
a) The User (buyer) agrees to purchase and take delivery of the agreed quantity of sugar commodity as per the approved transaction (hereinafter the “Confirmed Transaction”).
b) The User (buyer) agrees to pay all the applicable state and central taxes as may be applicable and levied on the price of the Confirmed Transaction.
c) The User (buyer) agrees to deposit the entire transaction amount for the traded / purchased quantity. The transaction amount of sugar commodity as applicable under the Confirmed Transaction in advance to the EBUY SUGAR’s bank account before the lifting of said sugar commodity and need to fulfil all conditions which are mentioned in the contract.
d) Sale of the sugar stock will be made on ex-mill or ex-godown or ex-destination and on “as is where is basis” against which full amount of sale proceeds has to be deposited as per the date of payment mentioned by the eBuySugar in the contract specification/ Tax invoice. Acceptance Letter made by means of RTGS or cheque deposit or NEFT or Net-Banking to the EBUY SUGAR’s bank account. Time is the essence of the contract and the stipulated time for taking delivery must be complied with.
e) The User (buyer) will be responsible to take delivery of the physical quantity as per the Confirmed Transaction from the location mentioned in trade confirmation and agrees to fulfil the conditions specified herein for the fulfilment of this transaction.
f) The User (seller) will be fully liable to fulfil the delivery of the committed quantity and quality agreed on the date of delivery.
g) The User agrees to have acquired / maintained a valid legal license required for trading in Sugar Commodities as per the government guidelines for the Sugar Commodity trading business.
- Charges: The User (buyer) may be required to pay logistics/transportation charges, lifting charges / loading charges, weighing charges and other expenses, if any, at the delivery location directly at the time of lifting delivery or any other charges mentioned in the contract specifications at the time of buying the sugar commodity on eBuySugar website.
- Early Margin Deposit (EMD): eBuySugar will levy Early Margin Deposit (EMD) on the quantity to be transacted to the User (i.e. the buyer and the seller). Every registered user will have an allotted e-wallet. To transact successfully and reach a complete transaction, every user should have credit equivalent to the Early Margin Deposit (EMD) applicable for the trade to be performed in their allotted e-wallet. Applicable Early Margin Deposit (EMD)shall be informed to the User at the time of registration and shall be informed online through the portal or email from time to time.
- Transaction Processing:
a.The User (Seller) shall place a sell order with various specifications as required for the pre-defined quantity at a predefined price. The User (Seller) may place multiple orders with price and quantity variations. The order placement shall be subject to availability of adequate Early Margin Deposit (EMD) in the e-wallet account.
b.The User (Buyer) shall accept the order as found suitable. The order acceptance shall be subject to availability of adequate Early Margin Deposit (EMD) in the e-wallet account.
c.Upon matching of order an order confirmation shall be sent by eBuySugar to User (Seller) and User (Buyer) on the portal as well as on email.
d.The order confirmation price shall be subject to mark-up for the User (Buyer) on account of profit margins of eBuySugar as applicable which shall be made known to the User (Buyer) before acceptance of order.
e.The Order confirmation price shall be subject to reduction from sales proceeds on account of profit margins of eBuySugar as applicable which shall be made known to the User (Seller) before placement of order.
f.The User (Seller) shall raise a Tax paid invoice on eBuySugar for the price, quantity and all other specifications as intimated in the order confirmation memo.
g.eBuySugar shall correspondingly raise Tax paid invoice on User (Buyer) for the price, quantity and all other specifications as intimated in the order confirmation memo.
h.The User (Buyer) shall remit the payment to eBuySugar as per the terms of contract.
i.eBuySugar shall remit the payment to User (Seller) as per the terms of contract.
j.eBuySugar shall intimate the User (Buyer) the terms of pick-up upon receipt of information from User (Seller)
k.User (Buyer) at its cost and on ‘As is Where is’ basis will arrange for pick-up of Sugar.
- Force Majeure: Should any of the force majeure circumstances, namely Act of God, natural calamity, pandemic, fire, changing in government policy, restrictions (excluding any stock limits), strikes or lock-outs by workmen, war, military operations of any nature and blockades preventing the seller / buyer from wholly or partially carrying out their contractual obligations, the period stipulated for the performance of the Contract shall be extended for as long as these circumstances prevail, provided that, in the event of these circumstances continuing for more than three months, either party shall have the right to refuse to fulfil its contractual obligations without title to indemnification of any losses it may thereby sustain. The party unable to carry out its contractual obligations shall immediately advise the other party of the commencement and the termination of the circumstances preventing the performance of the contract. A certificate issued by the respective Chamber of Commerce (not contrary to any government advisory) shall be sufficient proof of the existence and duration of such circumstances.
- USER CONTENT
17.1 As a User, you are fully responsible with respect to any material or content you enter and post on the Website including but not limited to text, images, graphics, email messages, data and proprietary information such as contact information, company descriptions, company logos, products and / or services, descriptions and company's financial profile, whether such content appear your posting in a user forum or, if a Registered Member, in your Registered Member listing in the database section of the Website or in your Registered Member Hotsite (collectively, "User Content"). In certain circumstances, eBuySugar may translate a Registered Member's supplied text for such member's Hotsite from the member's language to other languages. Such translations may be machine or manual translations. In other circumstances, subject to applicable laws, eBuySugar may create a Registered Membership for a company using publicly available information and content from the Internet where the Company will be notified and can opt-out at any time of the free Hotsite by notifying eBuySugar of its desire to be removed. Users are fully and solely responsible to ensure that User Content posted, linked or otherwise published on the Website is accurate, true, current and complete. eBuySugar only acts as a passive conduit with respect to online diffusion of User Content, eBuySugar does not systematically monitor, edit or control User Content and does not sustain any legal responsibility, liability or accountability whatsoever in relation thereto.
17.2 While eBuySugar does not actively monitor, edit or control User Content posted on the Website, eBuySugar reserves the right (which it may exercise at its sole discretion without notice) to verify and/ or screen User Content. eBuySugar does not make any commitment, representation or warranty with respect to the conduct of such verification and/ or screening nor does it approve, endorse or certify User Content, whether it was so verified and/ or screened or not. eBuySugar also reserves the right (which it may exercise at its sole discretion without notice), to delete, move or edit User Content as well as to suspend or terminate any User's access to and use of the Website.
17.3 Users undertake not to make any illegal or fraudulent use of the Website and more particularly, undertake not to:
(a) provide contact information - such as email address, website URL, phone number, etc. - in any location other than the relevant fields in the contact information section during registration or the relevant fields in the contact information section when sending an initial communication;
(b) post, link to or otherwise publish any content that is unlawful, false, threatening, abusive, harmful, violent, harassing, libelous, pornographic, obscene or indecent;
(c) post, link or otherwise publish any content which infringes copyright, patents, trademarks, publicity or privacy rights or, generally, any third party right;
(d) post, link or otherwise publish information and/or make offers which relate to counterfeit, stolen or fraudulent products and/or services, as the case may be;
(e) post, link or otherwise publish any information unrelated to the Website or the Website's topics;
(f) disguise the origin of any information provided on the Website;
(g) impersonate any person or entity (including EBUY SUGAR’s employees or hosts) or misrepresent any affiliation with any person or entity;
(h) post or transmit on or from the Website any information that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment;
(i) post, link or otherwise publish any confidential information of another user or third party which have the purpose or effect of affecting the price or value of any security;
(j) collect, store or retransmit other Users' personal or proprietary data provided in the Website;
(k) restrict or inhibit any other user from using the Website;
(l) contravene to any applicable law, statute or regulation, namely but not restrictively related to trade practices, import and export controls and/ or restrictions, unfair competition and false advertising; or (m) post, link or otherwise publish content or do anything in relation to the Website which creates liability, adversely affects or is likely to create liability or adversely affect EBUY SUGAR’s s business and/or reputation.
(n) use this website to transmit or send unsolicited commercial communications, and for any purpose related to marketing without express consent of eBuySugar.
(o) send, submit, post or otherwise transmit, material or messages that contain software virus, or any other files that may be designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the website, other user’s ability to use the website.
(p) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the website with EBUY SUGAR’s written consent.
(q) do anything which may lead to destruction of this website’s infrastructure.
(r) copy/duplicate any information/ material as available on this website.
(s) Not to seek access to the source code of eBuySugar website.
17.4 If a user breaches the terms and conditions imposed by this agreement and posts user content that is misleading, untrue, offensive or that is likely to cause any prejudice of any kind to anyone through its use, as another user of this site, in addition to having your account cancelled, you shall bear all risks associated with your use of such User Content posted, linked or otherwise published on the Website, and you should therefore not rely on any user content in making (or refraining from making) any specific investment or other business decision without prior verification.
17.5 If a user disassociates with eBuySugar the data shared on the website will not be claimed back. eBuySugar will not use the data for any wrongful means.
- eBuySugar CONTENT
18.1 The eBuySugar content is the proprietary information of eBuySugar and/or the party that provided the eBuySugar content to eBuySugar retains all right, title, and interest in the eBuySugar content. Accordingly, the eBuySugar content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of eBuySugar, except that you may post within your screen, download or print out a copy of the eBuySugar content solely for your personal or business custom usage or internal use, and not for external commercial purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the eBuySugar content. Modification or use of the eBuySugar content except as expressly provided in this agreement violates EBUY SUGAR’s or other third party's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website. We make no guarantee regarding the reliability, accuracy or quality of any eBuySugar content posted by any user or third party.
18.2 Trademarks, service marks, and logos appearing on this website are the property of eBuySugar or the party that provided the eBuySugar content to eBuySugar. eBuySugar and any party that provided the eBuySugar content retain all rights with respect to any of their respective copyrights, trademarks, service marks, or other proprietary rights in the eBuySugar Content.
- REGISTRATION PROCESS, CONDITIONS AND FEES
19.1 Companies that desire to market and promote themselves and their products and/ or services may choose to become a Registered Member. There are two types of Registered Members or User: “Seller” and “Buyer”.
19.2 eBuySugar charges Profit Margin as percentage of transaction value for every transaction conducted on its platform by its Registered Members from both parties viz. buyer and seller. The Profit margin percentage is communicated to the User at the time of registration and as when any changes are made to the Profit Margin percentage. The changes shall be communicated to the User through eBuySugar Portal or email. A User is also required to place Early Margin Deposit (EMD) or Margin Deposit before execution in order to enforce discipline in honoring the trades. Such Early Margin Deposit (EMD) will be deposited by the parties in advance in a special payment e-wallet allotted to each Registered Member before placing their Buys / Sell order. Applicable Early Margin Deposit (EMD) amounts shall be deducted by eBuySugar from the e-wallet of such Registered Member once their Transaction with the other party viz. buyer or seller, as the case maybe is confirmed. Upon closure of transaction i.e. after completion of payment and delivery, the Early Margin Deposit (EMD) amount shall be credited back to the e-wallet of the respective Registered Member/ User. eBuySugar reserves the right to charge any service fees for other types of online transactions and services rendered, upon giving reasonable prior notification published on the Websites and communicated through email.
19.3 Registration and other fees are paid through a debit or a credit card (e.g., Visa, Master Card, etc.), through direct debit of a current account, through UPI and through wire transfer /(Swift) or any other electronic payment method. In each case, payments to eBuySugar are processed through a secured online facility provided on or through the Website.
19.4 Once a transaction is confirmed between two Registered Members/ Parties/ Users the transaction shall be segregated into 2 distinct transaction viz First - between the User (Seller) and eBuySugar as counterparty Buyer and Second – between the eBuySugar as Seller and User (Buyer). Both the transactions will be treated as Principal to Principal basis. eBuySugar shall act as Principal in both the transactions and payments and deliveries shall be concluded accordingly. Online payment gateway may be used for limited purpose of remittance of Early Margin Deposit
. JK Sugars and Commodities Pvt. Ltd./ eBuySugar does not provide any online payment platform nor does it provide an e-commerce platform
and for all practical purposes eBuySugar shall be treated as Principal counterparty in both the legs of the transaction which shall be treated as 2 separate and distinct transactions.
19.5 Counterparty to the trade shall remain anonymous and the User shall treat eBuySugar as counterparty for all practical purposes. eBuySugar reserves the right to accept or reject a user from becoming a registered user on the electronic platform.
19.6 Your registration shall become effective after eBuySugar is satisfied by the verification process to verify the existence of the member and proper authorization for such membership. Such verification shall be decided in EBUY SUGAR’s sole and reasonable discretion. You agree to provide documentation and identification reasonably requested by eBuySugar.
19.7 eBuySugar reserves the right to charge fees for membership to each Registered Member. The price of membership appears in the course of online registration of the Website and shall be charged periodically as per the terms which shall be updated from time to time. eBuySugar does not refund membership fees and fees charged for services offered except in cases involving fraudulent transactions. For the avoidance of doubt, in the case of verifying a member company requesting and paying for Registration, in the event eBuySugar is unable to verify the company according to its standard process applied to all verifications, then the member will not become a Verified Member and the member will not be entitled to any refund. eBuySugar will state to the member in writing the reasons for failing to receive Verified Member status and the member may remedy such failure in order to become a Verified Member. eBuySugar spends time, resources and, in some cases, pays third parties to conduct and complete verification and you agree that EBUY SUGAR’s retention of the fee is the compensation for this.
19.8 You are fully responsible for maintaining your password and not to reveal or pass it on to any third party. If you are made aware of any unauthorized use of your password and/ or log-in number or account, you shall immediately notify eBuySugar.
19.9 Your registration will be automatically renewed and the applicable period (e.g., monthly or annual) renewal fee be debited from your e-wallet at the anniversary date of your registration or last renewal unless you notify us in writing that you wish to cancel your registration. If your registration is not automatically renewed for any reason, then you will be given reasonable notices prior to expiration, advising you of the date of expiration and providing you with a simple means to renew. eBuySugar may suspend or lock your account if payment of the renewal fee is not validly made within thirty (30) days from the expiration of your membership.
19.10 As a Registered Member, you shall provide your email address to eBuySugar. However, your email address will not be published on the Website. Email messages to and from other Users shall transit through a form-generated email that will be accessed through the Account Management Area, and email messages to Registered Members will also be sent to their registered email address.
- USERS TRADING AND BUSINESS TRANSACTIONS
20.1 eBuySugar only provides an online platform allowing for the exchange of key trade, business and product information between Sugar Manufacturers and/ or Sugar Traders/ sellers and buyers without indulging into e-commerce activities.
20.2 All The transactions will be on Principal to Principal basis. eBuySugar shall act as Principal in all the transactions and payments and deliveries shall be concluded accordingly. JK Sugars and Commodities Pvt. Ltd./ eBuySugar does not provide any online payment platform or nor does it provide an e-commerce platform and for all practical purpose eBuySugar shall be treated as Principal counterparty
in both the legs of the transaction which shall be treated as 2 separate and distinct transactions
20.3 Each user acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Websites, that it is solely and fully responsible with respect to all applicable terms and conditions pertaining to any trade or business transactions made in connection with using the Websites, 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 Websites. Such risks shall include, but are not limited to, mis-representation 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 mis-calculations, 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 Websites may violate or may be asserted to violate third party rights, and the risk that user may incur costs of defense 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 Websites as a result of purchase and sale transactions in connection with using the Websites 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 eBuySugar 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.
20.4 In the event of a dispute involving a User of this Agreement with respect to any trade or business transaction, such User hereby agrees to indemnify and hold eBuySugar/ JK Sugars and Commodities Pvt. Ltd.. harmless against any liability, loss, damage, cost or expense, including reasonable attorneys' fees, (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against eBuySugar as a result of or in connection with such transaction and/or dispute.
- User shall indemnify and hold eBuySugar, harmless from any claim, demand or damage, including reasonable legal fees, asserted by any third party due to or arising out of user’s use or conduct of the website, eBuySugar reserves the right to disclose any personal information about the user and user’s use of the website including its content, without the user’s prior permission if eBuySugar has a good faith belief that such action is necessary to:
- Conform to legal requirements or comply with legal process;
- Protect and defend the rights or property of eBuySugar or its affiliated companies;
- Enforce the terms and conditions of usage; or
- Act to protect the interest of its members or others.
- INTELLECTUAL PROPERTY
22.1 As a User, you represent that you own all rights and interests, including copyright and trademark rights, or have acquired all necessary third party authorization in relation to entering and posting user Content on the Website. You hereby guarantee that user content you have entered and posted on the Website does not violate any third party copyright (including moral rights, personality rights, designs as the case may be), trademarks rights, trade secrets or any other proprietary information of any kind. 22.2 You agree to grant and hereby grant to eBuySugar a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license any user content you have entered and posted on the Website at any time, in whole or in part, and in any form now existing or to be discovered, for any purpose related to the conduct of eBuySugar's business and the exploitation and/or promotion of the Website.
- REGISTERED MEMBERS' REPRESENTATIONS
23.1 As a Registered Member, you represent that you have the authority to bind the business entity you act on behalf of to this agreement with respect to the use of this Website, that all the user content you have entered in the Website is accurate, complete and current, and that such user content rightfully belongs to the business entity duly represented by you. 23.2 As a Registered Member, you are fully and solely responsible for your use of this Website and for the user content that you have entered and posted on the Website. As a consequence, you undertake to indemnify and hold eBuySugar harmless against any liability, loss, damage, claim, cost or expense, including reasonable legal fees (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against eBuySugar as a result of a breach of any of the covenants, undertakings, warranties or representations made in this agreement to which the foregoing indemnity relates. eBuySugar reserves the right to contact you by email on the email ID provided at the time of registration or other means with regard to the use of the Website.
- LIMITATION OF LIABILITY AND WARRANTY
24.1 The information provided on this site is provided on an "as is" basis, without warranties of any kind, and no warranty, express or implied, is given as to accuracy or completeness of the Website content, and eBuySugar, its proprietor, partners, agents, affiliates, directors, officers and employees does not accept any liability for any error or omission. You also recognize and accept that eBuySugar, its agents, affiliates, directors, officers and employees shall not be liable for any damage resulting from faulty computer components, software or communication links, related to the loss or non-existence of communications capability or related to faulty, incomplete or incomprehensible transmission or to a transmission erased by any computer or network.
24.2 eBuySugar, it’s proprietor, partners, agents, affiliates, directors, officers and employees do not offer any warranty whatsoever and shall not be held responsible with respect to the performance of users' registration to the website in terms of business opportunities, contacts achieved, number of visits or any other business results or expectations of any kind.
24.3 eBuySugar, its proprietor, partners, agents, affiliates, directors, officers and employees shall not be not responsible or liable for: (a) the accuracy, propriety, legality or truthfulness of any information that appears on our Website about eBuySugar Registered Members or their products or services (including but not limited to company name, contact person and details, product description and specifications, quantities, photographs, videos, etc.) which information is provided by the Registered Members; and (b) the conduct of any of our Registered Members in relation to their business activities using or providing information on our Website.
24.4 While eBuySugar agrees to make its commercially reasonable efforts in order to have its website operational and accessible on a reasonable basis, eBuySugar offers no warranty whatsoever as to the technical performance of its website and offers no guarantee of merchantability. eBuySugar, its agents, affiliates, directors, officers and employees shall in no event be held liable for any damages, direct or indirect, resulting from the use or impossibility to use the website, including damages associated to the loss of profits, lost opportunities, business interruptions or loss of data. Any error while punching the order or its cancellation or in understanding the product will be attributable exclusively to the user/ parties at default.
24.5 eBuySugar, its proprietor, partners, agents, affiliates, directors, officers and employees shall not be liable for any Users claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from the use or inability to use this Website. In any case, eBuySugar's liability shall at no time exceed the yearly cost of a Member's registration fees paid at the time of Registration with eBuySugar.
24.6 eBuySugar will not accept any counter party liability. terms of engagement for services of eBuySugar are not in the nature of future contracts and/ or forward contracts. EBUY do not take any responsibility for the failure on any online transaction due to power cut or internet bandwidth issues.
25.1 eBuySugar is not liable for the content of other websites available through hyperlinks from this Website, including a user's linked websites, as the case may be (hereinafter "Linked Sites"). Such Linked Sites have been created and/ or approved by third parties and eBuySugar is not acting as an editor or publisher of the information and material contained in these Linked Sites. In the event that eBuySugar modifies any content on a Linked Site, it will notify the Registered Member and unless the Registered Member notifies eBuySugar to remove the modifications or itself modifies the content, the Registered Member thereby approves of such modification. eBuySugar is not affiliated with and does not endorse the Linked Sites, the owners or operators of the Linked Sites or the products and/ or services made available on these sites. This Website is not sponsored by the Linked Sites or their owners or operators. Your navigation to these Linked Sites and their marking as bookmarks are your sole responsibility.
25.2 eBuySugar may refuse the use of hyperlinks to this Website if the link is made to another page than the home page of this Website, through deep linking, framing or mirroring, or if the surrounding context in which the hyperlink is used is harmful to the honor, reputation or commercial interest of eBuySugar.
- EBUY SUGAR’s USE OF USER CONTENT
27.1 A Registered Member's membership may be terminated immediately, upon receipt of a written notice from eBuySugar through email or other means, in the following circumstances:
(a) If eBuySugar is informed of the initiation of proceedings pursuant to any laws relating to insolvency or bankruptcy or if any proceedings are instituted against a Registered Member; if a receiver, Trustee or any other person having similar powers is named in respect of all or substantial part of a Registered Member's assets or business; if any person, company or legal entity being lawfully authorized to do so, takes possession of all or part of a Registered Member's assets, business or real property, or upon one of the Registered Member's voluntary or forced dissolution or liquidation;
(b) If a Registered Member has failed to comply with any material term, covenant, obligation or representation set out in this agreement. 27.2 eBuySugar may terminate a Registered Member's membership for any reason at eBuySugar's discretion, namely if it has any reason to believe that a Registered Member's continued membership may be prejudicial to eBuySugar's business or reputation or to other Registered Members.
- EFFECT OF TERMINATION
28.1 Upon termination of this Agreement, subject to the provisions contained in this Agreement related to eBuySugar's rights to use the user content, a Registered Member's membership shall immediately cease to have effect together with all the user's privileges, rights and benefits related to such membership, without any monetary obligation, indemnity or compensation on eBuySugar's part. eBuySugar shall delete such user content from the Website as early as possible and preferably within three weeks.
28.2 You understand that such termination may result in permanent loss of all information and content associated with your account. Consequently, you should maintain your own copies of all of your information and content. Furthermore, you agree that eBuySugar shall not be liable to you nor any third-party for any termination of your account or access to the Website.
28.3 eBuySugar reserves all its recourses at law if termination has occurred pursuant to the Registered Member's default to comply with the provisions of this agreement.
- The user agrees that eBuySugar reserves the right in its discretion to adopt legal course/ or any other action as deemed necessary against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and Conditions including without limitation, removing the user content from the website and/ or use services therein, or if eBuySugar believes it may create a liability for eBuySugar.
- TAX: Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of applicable national, state or local sales or use taxes or value added tax or service tax or goods and services tax ("Taxes") that eBuySugar is legally obligated to charge under the applicable legislation and the amendments thereof.
If we are required to deduct any income tax or other withholdings on any payments to be made to you, we will have the right to deduct the required amounts and pay such amounts to the applicable regulatory authority on your behalf. You will not make any claim against us in respect of any deduction made pursuant to this Section. Throughout the term of the agreement, you will provide us with any forms, documents, or certifications, including Permanent Account Number as may be required by us to satisfy any information reporting or withholding tax obligations with respect to any payments under the Deed and you confirm that you would duly pay any applicable taxes on your income, as applicable under this agreement on all amounts on which taxes are not or inadequately withheld and report and file a return of income under the applicable laws and provide the necessary certifications in this respect.
- eBuySugar may provide certain services for which the user may be asked to enter user details like User Name, User Password, etc. Therefore, eBuySugar shall not be responsible for any loss/ claim/ etc., when the user shares its User Name and Password with other, or any part of this Website being cached in proxy servers and accessed by individuals who have not registered with the website as users, or access through a single username and password being made available to multiple users on a network, or any other similar manner, etc. In such circumstances, eBuySugar reserves the right to cancel access rights immediately.
- The Information Technology Act, 2000, will be applicable as also rules, regulations, guidelines, bye laws and notifications made thereunder, while the user is on the website. The user agrees to comply with these provisions.
- In exercising a right, power or privilege under these Terms and Conditions of Usage, no delay or failure on part of eBuySugar, will be considered as a waiver of it, nor will any partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under the Terms and Conditions of Usage.
- Unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
- APPLICABLE LAW & DISPUTES
35.1 By visiting this Site and using the service, you agree that the laws of India without regard to the principles of conflict of laws will govern this agreement and any dispute of any sort that might arise between the parties involved.
35.2 Any claim or dispute whatsoever (whether in contract, tort or otherwise) arising out of or in connection under these terms, including any question regarding its construction, meaning, existence, validity, breach, recall, recovery or termination, shall be resolved and settled by or through the process of mediation or conciliation if the Parties agree to such process, and which process will be administered in accordance with the applicable mediation or conciliation rules, including by an independent online dispute resolution institution as may be decided by eBuySugar from time to time. If the Parties cannot agree to undertake such process, or if the mediation or conciliation process does not resolve the claim or dispute within the period stipulated in such rules or within a period of 21 days (whichever is earlier), then the claim or dispute shall be taken forward for resolution by means of arbitration in accordance with the Arbitration and Conciliation Act, 1996, which shall be conducted (including for recording of evidence or tendering of documents), concluded and administered either offline or online by an independent and recognised dispute resolution institution as may be decided by eBuySugar from time to time. The arbitral tribunal shall consist of an independent sole arbitrator appointed in accordance with the applicable arbitration rules. The seat of arbitration proceedings shall be Kolhapur or such other place as may be decided by eBuySugar from time to time. Dispute resolution process and details of independent agency shall be available on eBuySugar.
35.3 You may bring your claims only on your own behalf. Neither you nor eBuySugar will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your rights to participate as a class representative or class member on any class claim you may have against eBuySugar including any right to class arbitration or any consolidation of individual arbitration.
- The parties represent and warrant that they have the capacity to enter into this Agreement and that this Agreement constitutes legal, valid and binding obligations on their part. This Agreement constitutes the entire agreement between user and eBuySugar regarding the use of the Website. The failure of eBuySugar to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is determined by a court to be void and unenforceable, such provision shall not affect any other provision of this agreement or their validity or enforceability. eBuySugar shall have the right to assign any of its obligations and duties in this agreement to any person or entity. This agreement has been drawn up in English language.
- The Courts of Kolhapur, Maharashtra shall have exclusive jurisdiction to adjudicate upon any claims of the parties.
- This Agreement shall be governed by the laws of India
- Any Term or Condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof. Such waiver must be in writing and must be executed by an authorised officer of such party. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach or non- fulfillment on any other occasion. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, and if the rights or obligations under this Agreement of the Parties are not/ will not be materially and adversely affected thereby,(a) such provision will be deemed to be severed and the remaining provisions of this Agreement will remain in full force and effect; and
(b) the parties shall agree upon a suitable alternative provision restoring to the extent possible the status quo ante.
- The captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof.
- PERSONALLY IDENTIFIABLE INFORMATION ("PII")
2.1 PII is personally identifiable information such as your full name, postal address, e-mail address, phone number and license details, and includes information about your product and/or service subscription, wallet information and billing records.
2.2 Publicly available information, such as a public directory listing of your name, address, telephone number and electronic address, is not considered PII.
- COLLECTION AND USE OF YOUR PII
3.1 You may browse through the Website without registering and without providing any PII. If you are qualified and decide to become a registered member (as defined in Part I, a "Registered Member"), then you will be asked to enter your contact information and business profile which may contain PII. We encourage you to submit relevant and complete information so we can provide you a more personalized experience on our site and so that other Users will become familiar with your company and your products and/ or services. In some cases, we have added or augmented information about you and your company via publicly available information not considered PII.
3.2 If you are user and send an initial contact to us using our "Contact Now" form-generating email or if you post a “Lead” or requirement, we will retain your PII and its contents for the Registered Members to access within their account management area and, depending on the type of contact or posting, we may distribute it across the Website. For instance, if a user selects a contact in the Registered Members to view their product and prices, we may add that lead to our Leads Central area so that we can suggest similar leads. We will also collect and retain your contact information in a user database as a Registered Member to facilitate future access and usage of the Website. Your PII will not be shared with any third party except as provided in this Policy. While we do not have any current plans to use this PII, we reserve the right to use this PII in the future in order to communicate with you about eBuySugar, improvements in our service, and so forth. In such a case, you will be able to opt-out of future communications when you discontinue your registration with us. In addition, even if you do not register, we may collect PII from you in other ways, such as if you send us an email via the “Contact Us'' page of the Website and cookies.
3.3 Information containing PII may also be collected to complement information obtained by a business partner or by a third party. In such instances, you are asked to validate and/ or complement your contact information and profile, including any PII, as the case may be, to activate your account on the Website as a fully Registered Member.
3.4 Given the nature of the Website, as a Registered Member, you understand and agree that all PII entered on the Website upon registration and update of your account (except for payment information described in Section
3.5 below), whether in the obligatory or optional fields provided, may be posted on the Website and made available to other users and to the public. Your PII will not be resold to other companies and will not be shared with any third party except as provided in this Policy.
3.5 When using our online payment feature to establish an account with eBuySugar, you are providing eBuySugar with further PII, such as billing information, credit or debit card number and expiry date and information allowing the tracking of checks or other payment instruments. Only parties responsible for processing your registration and/ or orders will have access to your credit card and bank information.
3.6 eBuySugar may also collect information that may include PII, obtained through registration and use of our Website. Such information, which is not traceable to individual users as such, is used for statistical, analytical, monitoring and marketing purposes.
3.7 As with most Internet sites, the Website collects certain technical data, including your IP address (a unique number that identifies your access account on the Internet), domain, and web browser information. We do not log the specific identity of visitors, unless prescribed by the law in India. Technical data is generally used to create broad demographic summaries of the Website usage and activity (such as average time spent and pages viewed) to assist us in providing useful content that is tailored to be of most value to our users. For example, this information is used by our Website developer in order to create new features, content, and services, and aggregate - not individual - information about our user base is also provided to actual and potential partners. We may also use technical data to block or flag access to our service to protect the security and integrity of our services and Website. Also, if you access the Site from a mobile or other device, your unique device identifier assigned to that device or other transactional information for that device may also be collected. All of these technologies are designed to improve and personalize your experience using the Website. By using the Website, you consent to the use of the tracking technologies as described above.
3.8 Our Website uses "cookies" and "pixel tags". Cookies are small text files transmitted by a website server to a temporary memory feature located in the personal computer of the website visitor. This gathering technology can be used to recognize repeat users and facilitate the user's ongoing access to and use of the site, as well as to collect and archive information such as individual user's address and/ or domain name, type of browser, computer operating system as well as related websites. A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of the Website but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. The information from cookies and pixel tags may generally serve to improve on our services but do not allow your identification. We do not record any PII in cookies or pixel tags, or store any information about your movements on the Internet outside of our Website. You can choose to decline cookies (e.g., by setting your browser to reject cookies), but if you do, some parts of our Website may not operate properly. Web logs are maintained by this Website. If you turn off cookies the pixel tag will simply detect an anonymous Website visit and certain features of the Website may not be available.
3.9 eBuySugar employs other companies and/ or individuals to perform functions on our behalf. For instance, we may appoint third parties to develop software applications and/ or database functions or to send communications on our behalf. Your PII may be disclosed to such individuals in the course of eBuySugar's business operations. All eBuySugar employees, agents and contractors who have access to your PII are required to protect the information in a manner that is consistent with this Policy.
3.10 You understand and agree that whether or not your registration is still in force, eBuySugar may sell or transfer to third parties your contact and profile information, including any or all PII you have provided and posted on this Website, in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of eBuySugar or otherwise than in such connection, in exceptional circumstances, provided that the third party to which the information is transferred or sold has expressly committed to protect your PII and seek confirmation from you on any further use of the information. You also agree that the PII collected through registration and use of the Website may also be posted on another website(s) that is owned and operated by eBuySugar, and on any other eBuySugar's partner, affiliate or co-brand's website, as the case may be.
3.11 In certain limited circumstances eBuySugar may disclose, share or transfer your PII to unrelated third parties. For example, we may provide your PII to a third party at your request; to comply with a legal requirement or court order or in the good faith belief that such action is necessary; to investigate a possible crime, such as identity theft, or other unlawful activity; and in any similar circumstances. If such an event occurs, we will take appropriate steps to protect your PII.
- INVITATIONS & OTHER COMMUNICATIONS TO NON-MEMBERS
We may offer you a referral service to tell a contact of yours about our site. If you choose to use our referral service, we will ask you for your contact's name, company name and email address. We will automatically send your contact an initial email inviting him or her to visit the Website. eBuySugar will not sell the email addresses you provide for referrals or use that information to send any other communication besides invitations and invitation reminders. Recipients of invitations from eBuySugar will be able to contact us to request that we remove this information from our database.
- PII ACCURACY, COMPLETENESS AND WITHDRAWAL
You have the responsibility to update and/ or complete your account information which includes your PII posted on the Website. You can access, view and edit your account information through the online feature provided to that effect on the Website. If you no longer desire to be a Registered Member of eBuySugar, you may ask for the termination of your account.
- COMMUNICATIONS FROM eBuySugar
6.1 Other than Service-Related Announcements and Customer Service communications (each described below), you may elect not to receive updates or notifications from eBuySugar by communicating with us the same in writing. You also may elect to receive only specific types of notifications, by checking one or more of the options available in Account Settings.
6.2 We will occasionally send you information on products, services, special deals, promotions. You can opt-out of these emails from us on our registration page or in your account's Account Settings page, or you may contact us at firstname.lastname@example.org
6.3 We will occasionally send you newsletters about current issues and information relating to international trade topics. If you wish to unsubscribe from our newsletter(s), you can opt-out on our registration page or in your account's Account Settings page, or you may contact us at email@example.com
6.4 We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we may send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
6.5 Based upon the PII you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. Generally, you may not opt-out of these communications, which are administrative in nature, although you may always cancel your account at any time by contacting us at firstname.lastname@example.org
- SECURITY MEASURES AND INTERNATIONAL DATA TRANSFERS
7.1 The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your password is essential to maintaining such security. We recommend that you never disclose your password to any third party and report to us any suspected unauthorized third party use of your password.
7.2 No method of transmission over the Internet, or method of electronic storage, is 100% secure. However we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. As a consequence, you do so at your own risk and eBuySugar, its proprietor, partners, agents, affiliates, directors, officers and employees may not be held liable for any users' claim or loss related to unauthorized transmissions. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. We retain PII and anonymous information collected through the Site for operational, record keeping and legal purposes. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy or our data retention policies, unless a longer retention period is required by law.
7.3 When you submit information to us through the Website or otherwise, that information (including any PII) will be processed in India. The data protection and other privacy laws of India may not afford the same level of protection as the laws of certain other countries. By providing personal information to IDB (Interface Data Block) from India or any such technology used from time to time, whether directly or indirectly through the Website or otherwise, you expressly consent to the transfer of your information to India, in accordance with the measures of protection described in this Policy.
- EXTERNAL LINKS
No one under age 18 is allowed to subscribe to our Website and provide any PII. If your children disclose information about themselves, they may get unsolicited messages from other users. Accordingly, as parents, you should monitor your children's access to this Website and ask us for the removal of their subscription as the case may be. We do not know how to collect information from any minor.
- CHANGES TO THIS POLICY
- CONTACT US
If you have any queries, please contact us on the following coordinates: eBuySugar an initiative by JK Sugars and Commodities Pvt. Ltd., 329, E, New Shahupuri, Amatya Tower, 4th Floor, Kolhapur - 416002. Maharashtra Tel: 0231-6688888/6688889/6688890. Mobile: 09371999101/09326999101. Email: email@example.com
: The contents do not constitute professional advice or provision of any kind of services and should not be relied upon as such. eBuySugar does not make any recommendation and assumes no responsibility towards any trading in sugars or commodities done based on the information given in the website and any such trades are subject to commercial risks for which eBuySugar shall not be responsible. If business or any other professional advice is required, please seek advice from competent professionals.
@All copyrights reserved with eBuySugar / JK Sugars and Commodities Pvt. Ltd., Kolhapur.