Terms of Service
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.mtlexs.com (hereinafter referred to as “Website“) is owned by Mtlexs, a Partnership firm incorporated under the Partnership Act, 1932, having its registered office at 2B, 1st floor, Karuna building, Opp. Manav Mandir road, Mumbai – 400006. (hereinafter referred to as “The Partnership”).
The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Partnership and have undertaken binding obligations with the Partnership
If you have any questions about the terms, the practices of this site or your dealings with this Website, you can contact
Mtlexs email: firstname.lastname@example.org
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and Mtlexs.com reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
The use of this website is not limited to those above the age of 18 only and are applicable to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Indian Contract Act, 1872.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Partnership has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The membership of this website is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
5. THIRD PARTY INFORMATION
Other than when provided for, the use of such Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
We take reasonable care to ensure accuracy of the information on our website but, You agree to not to make us liable for the falsification of any such provided information.
6. WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that Users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- All communication which inter alia include the contract, its terms, your obligations, the vendors obligations, prices, etc are outcomes of the communication between the vendor and You. This includes, without any limitation, the prices, period and mode of delivery, shipping costs (in case of goods), payment details, date and warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse or promote any of the products or services offered on the website nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between the vendor and the customer and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the vendor and the customer alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the vendor and the customer directly without Us being involved.
- As the customer, you are expected to check the creditworthiness of the vendor and the genuineness of the products and services offered by them. We are not liable for the same.
- At no point of time between communication and delivery of goods and services between the vendor and the customer do we come into possession of the goods or its title, or receive any services offered.
- We do not collect any commission from the customer or the vendor for the transactions that take place through our website.
- As the contract is limited to the vendor and the customer and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of the customer’s order due to low stocks, defected goods, and defective nature of goods, lack of free dates, overbooking of services or for any other reason.
- As we hold no possession, nor title of the products at any time, or enter/determine the communication between the customer and the vendor or determine its outcome, the contract is purely a bipartite contract between the customer and the vendor and We are not responsible for claims arising from such a contract.
Disclaimer: Due to some technical issue, typographical error or product information published, Pricing on any product(s) as is reflected on the Website by vendor may be incorrectly reflected and in such an event vendor may cancel such your order(s).
- We may display advertisements on our website. These advertisements are paid for by the respective vendors and we do not in any way promote or endorse the goods or services offered through these advertisements nor place any guarantee as to its nature, price, quality, etc.
- You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
7. IPR AND TRADEMARKS
The individual or the entity whose agent accesses any file within Our Website or any information within any file (hereinafter together referred to as “Information“), expressly acknowledges that the Website was prepared through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money. This Website contains many trademarks and service marks of the Partnership and third-parties. All marks are the property of their respective companies. All rights in the intellectual property contained in this Website including copyright, trademarks, trade secret and patent rights are reserved. Access to this Website does not constitute a right to copy or use any of the intellectual property of the Partnership or its suppliers. The user agrees to protect all copyright and other proprietary rights of the Partnership and its third party licensors in the Website. They shall honour and comply with reasonable written requests made by the Partnership to protect the Partnership and its licensor’s contractual statutory and common law rights in the Website
8. LINKS TO OTHER SITES (Hypertext links)
The Website may be linked to other sites, which are not maintained by the Partnership. The Website is not responsible for the Content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by the Partnership of the other such sites.
9. USER OBLIGATIONS
You are a restricted user of this website.
9.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted.
9.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or services, You may be exposed to Content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive Content on the Website. Further, You may report such offensive Content.
9.3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- a) abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- b) engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- c) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- d) publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- e) post any file that infringes the copyright, patent or trademark of other legal entities;
- f) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- g) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- h) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- i) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- j) collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- l) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- m) violate any applicable laws or regulations for the time being in force within or outside India;
- o) violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
p)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.;
- q) publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- r) directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- s) create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
10. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
12. COMPLIANCE WITH LAWS:
Members shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
13. DISPUTES, JURISDICTION AND GOVERNING LAW
This Terms of Service shall be governed by the laws of India.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
13.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Partnership reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however, the parties in good faith will attempt to bind by the decision.
13.2 Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in Mumbai, State of Maharashtra. The mode of appointment of the arbitrators is as provided above.
In case of the failure of the abovementioned dispute resolution mechanism, the dispute shall be referred to courts in Mumbai, and the parties shall submit to the jurisdiction of courts in Mumbai.