Use of Thomex.com signifies your agreement to these Terms of Use. Please read these terms and conditions carefully before using Thomex.

• These Terms of Use constitute a legal agreement between you and THOMAS INTERNATIONAL PUBLISHING COMPANY INDIA PVT LTD (hereinafter referred as "TIPCo India" located at 14th floor, Hansalaya Building, 15, Barakhamba Road, New Delhi-110001. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use this portal. If you do not accept these Terms of Use in their entirety, you may not access or use this portal.
  
  
• Your use of Thomex is subject to your adherence to, and acceptance of, the terms and conditions outlined below and the associated policies found in our privacy policy and copyright/disclaimer information.
  
  
• Thomex.com acts as a platform for our members to source information about manufacturers/suppliers of industrial products in India and negotiate/interact for buying, selling and other business services by way of sourcing companies to trade offline. There is no participation of TIPCo India in the transactions entered into by buyers / sellers offline and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between TIPCo India and other party.
  
  
• User(s) means any individual or business entity/organization that legally operates in India or in other countries and can enter into legal contracts under the applicable laws are eligible to avail the services of Thomex.com. User(s) must not be a minor as per Indian Law.
  
  
• TIPCo India advises its users that to follow/abide by the related laws and is not responsible for possible consequences caused by user behaviour during use of website. TIPCo India may, in its sole discretion, refuse the service to anyone at any time.
  
• This agreement applies to free and paid users who access the website for any purpose. It also applies to any legal entity, which may be represented under actual or apparent authority..
  
  
• TIPCo India may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting it on Thomex.com. The continuous use of the service will signify acceptance of the changed terms and if the changes in the user agreement are not acceptable to a user, he/she must stop using the service immediately..
  
  
• TIPCo India is the sole owner or lawful licensee of all the rights to the website and its content, which includes design, layout, text, images, graphics, sound, video etc. The content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with TIPCo India, its affiliates or licensor's of Thomex.com content, as the case may be. All designs, eBrochures, eBusiness Cards, TRIM Products & Services, TRIM Listings, product catalogs, videos, flash images, virtual images designed by TIPCo India or any of their agencies will be property of TIPCo India and all copyrights related to it will vest with TIPCo India only..
  
  
• All rights, not otherwise claimed under this agreement or by Thomex.com, are reserved. The information contained in this website is intended, solely to provide general information for the use of the reader, who accepts full responsibility for its use. TIPCo India does not represent or endorse the accuracy or reliability of any information, or advertisements and the content contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services offered.
  
  
• TIPCo India accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this website is provided on a best effort by TIPCo India but with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall TIPCo India be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
  
  

Trademark, Copyright and Intellectual Property Rights

• "Thomex.com" and its icons, logos, product classification system and manufacturer data are protected under applicable copyright, proprietary rights laws and trademarks. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. All content on this website is the copyright of TIPCo India except the third party content and link to third party website on Thomex.com. The product classification system is the exclusive property of TIPCo India and should in no way be copied, published with any changes or modifications without written consent of TIPCo India. Database of industrial manufactures in India hosted on the Thomex.com is the exclusive property of TIPCo India and the same should not be copied, published, presented in any form, hosted on another website or broadcasted any form without written consent of TIPCo India.
  
  
• TIPCo India cannot verify that the users who post trade leads for items on the portal have the right to sell the goods offered. By taking down a listing, TIPCo India is not endorsing the sale of goods in such cases but just providing a platform to seller to showcase its products.
  
  
• By accepting this agreement, user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, eBrochures, eBusiness Cards, databases or listings available on or through the portal (the "TIPCo India content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with TIPCo India, or otherwise commercially exploiting the TIPCo India content. Systematic retrieval of TIPCo India content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TIPCo India is prohibited. Any infringement of this right will be pursed by TIPCo India in a court of law.
  
  
• Use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. User(s) agree that they will not use the website service to infringe the intellectual property rights of others in any way. TIPCo India reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the TIPCo India service, or if TIPCo India believes that user(s) conduct is harmful to the interests of TIPCo India, its affiliates, or other users.
  
  
• Thomex provides links to third party websites to user(s) for more information and access to desired information and TIPCo India has no control over content and resources provided by these sites.
  
  
• TIPCo India may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's website. User(s) should read sites' terms and conditions and/or privacy policies before using such sites. TIPCo India believes that user(s) acknowledge that TIPCo India has no control over such third party's site, does not monitor such sites, and TIPCo India shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
  
  

TERMINATION OF AGREEMENT

• TIPCo India reserves the right to terminate access to certain areas or features of the website (to paying or registered users) at any time without assigning any reason and with or without notice. TIPCo India also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of TIPCo India and/or other visitors to the website. TIPCo India reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
  
  
• TIPCo India withholds the right to temporary or permanent termination of membership of any user for any of the following reasons: (i) Anyone who has provided false information for getting membership account on Thomex, or are engaged in fraudulent or illegal activities.
  
  (ii) Anyone who breaches any provisions of the terms and conditions of use agreement and/or agreement of the portal.
  
  (iii) Anyone who sends spam messages using Thomex or repeatedly publish the same product information.
  
  (iv) Anyone who posts any material to members that is not related to scope of the portal.
  
  (v) Anyone who impersonates or unlawfully uses another company's name to post information or conduct business of any form
  
  (vi) Any unauthorized access, use, modification, or control of the website data base, network or related services.
  
  (vii) Obtain by any means website member's user name and/or password.
  
  
• If TIPCo India terminates user(s) membership, user(s) will not have the right to re-enroll or join TIPCo India under a new account or name unless formally invited to do so by TIPCo India. In any case of termination, no membership charges, if charged, will be refunded. User(s) acknowledge that inability to use the Thomex portal wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the Thomex portal be held liable to the user(s) or any third parties for any inability to use the portal (whether due to disruption, limited access, changes to or termination of any features on the portal or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
  
  
• User(s) can become registered user(s) by filling an on-line registration form on the portal by giving desired information (name, contact information, details of its business, products manufactured etc.). TIPCo India will establish an account ("Account") for the user(s) upon registration and assign a "User ID" and "Password" for access to your account.
  
  
• The user on registration authorizes TICPO INDIA to include his/her personal data on Thomex database and to share such information with other user(s). TIPCo India may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. May suspend or terminate a registered membership at any time without any prior notification in interest of TIPCo India or general interest of its visitors/other members without assigning any reason thereof. Registered User(s) are not a part or affiliate of TIPCo India in any way.
  
  
• Personal information supplied by user(s) during the use of website is governed by our privacy policy. Please refer to our privacy policy.
  
  
• User(s) can post their content on some of the sections/services of the website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services. TIPCo India in such case is not the author of the content posted on portal. The content here is contributed by registered or paid user(s). Neither TIPCo India nor any of its affiliates, directors, officers or employees have entered into sale agency relationship with such third party by virtue of display of the such third Party content on the portal. Any Third Party content is the sole responsibility of the party providing the content. TIPCo India is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, TIPCo India is not responsible for the conduct of user(s) activities on the portal and shall not be liable to any person in connection with any damage suffered by any person because of any such user's conduct.
  
  
• User(s) hereby grant an irrevocable, perpetual, global and royalty-free, sub-licensable (through multiple tiers) license to TIPCO INDIA to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the website (hereafter referred to as"Third Party Rights").
  
  
• User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information posted on the portal or provide to the portal or authorized to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the website, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
  
  
• User(s) hereby represent, warrant and agree that information submitted to TIPCo India for display on the website will not:· Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  
  · Be part of a scheme to defraud other User(s) of the website or for any other unlawful purpose;
  
  · Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
  
  · Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  
  · Be defamatory, libelous, unlawfully threatening or unlawfully harassing; · Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  
  · Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  
  · Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  
  · Solicit business from any User(s) in connection with a commercial activity that competes with TIPCo India;
  
  · Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  
  · Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or · Create any liability for TIPCo India or its affiliates.
  
  
• TIPCo India reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the website which it reasonably believes is unlawful, could subject TIPCo India to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in TIPCo India's opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
  
  
• In case of any defaults listed above by the user(s) website may suspend or terminate the Account of any User as website deems appropriate in its sole discretion. User(s) agree that website shall have no liability to any User(s), including no liability for consequential or any other damages, in the event website takes any of the actions mentioned in this Section, and that you agree to bear the risk that website may take such actions.
  
  
• User(s) acknowledge that they fully assume the risks of purchase and sale transactions when using the website to conduct transactions, and that user(s) fully assume 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 website.
  
  
• User(s) agree that TIPCo India shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks.
  
  
  

LIMITATION OF LIABILITY/DISCLAIMER

• Thomex.com features and services are provided on an "as is" and "as available" basis, and website 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, undertakings and terms are hereby excluded. TIPCo India makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the website. TIPCo India does not represent or warranty that the manufacture, import, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third party rights; and TIPCo India makes no representations or warranties of any kind concerning any product or service offered or displayed on the website. No advice or information, whether oral or written, obtained by you from website or through or from the website shall create any warranty not expressly stated herein.
  
  
• Thomex.com will not be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature or causes beyond its 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, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from use of the website (including but not limited to the display of your information on the website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from breach of any representations and warranties made to website.
  
  
• User(s) hereby further agree to indemnify and save website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the website. User(s) hereby further agree that website is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with the user. Web site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by user, in which event user shall cooperate with website in asserting any available defenses.
  
  
• Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
  The use or the inability to use the website;
  Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website; v Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or 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;
  Unauthorized access by third parties to data or private information of any User(s);
  Statements or conduct of any User(s) of the website; or
  Any matters relating to Premium Services however arising, including negligence.
  
  

JURISDICTION

• The terms and conditions of use and/or Agreement and the Privacy Policy mentioned above constitute the entire agreement between the User(s) and TIPCo India with respect to access to and use of the web site, superseding any prior written or oral agreements in relation to the same subject matter herein.
  
  
• Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of Indian Territory. TIPCo India considers itself and intended to be subject to the jurisdiction only of the Courts of Delhi, India. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Delhi India. All disputes in this regard should be communicated and delivered in writing to Thomas International Publishing Company India Private Limited at 14th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi-110001.