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
GREAT NORTHERN LIMITED (hereinafter)
referred as "GNL", a company registered under the Companies Act,1956 and having it's registered office at New Delhi. 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
GNL 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
GNL 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.
- GNL 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. GNL 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..
- GNL 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..
- GNL 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 GNL, 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 GNL or any of their agencies will be property of
GNL and all copyrights related to it will vest with GNL
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. GNL 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.
- GNL 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 GNL
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 GNL 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 GNL except the
third party content and link to third party website on Thomex.com. The
product classification system is the exclusive property of GNL
and should in no way be copied, published with any changes or
modifications without written consent of GNL. Database of
industrial manufactures in India hosted on the Thomex.com is the
exclusive property of GNL and the same should not be copied,
published, presented in any form, hosted on another website or
broadcasted any form without written consent of GNL.
- GNL 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, GNL 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 "GNL 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 GNL, or otherwise commercially
exploiting the GNL content. Systematic retrieval of GNL
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
GNL is prohibited. Any infringement of this right will be pursed
by GNL 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. GNL 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 GNL service, or if
GNL believes that user(s) conduct is harmful to the interests of
GNL, its affiliates, or other users.
- Thomex provides links to third party websites to user(s) for more
information and access to desired information and GNL has no
control over content and resources provided by these sites.
- GNL 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. GNL believes that user(s) acknowledge that
GNL has no control over such third party's site, does not
monitor such sites, and GNL 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
- GNL 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. GNL
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 GNL and/or other visitors to
the website. GNL 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.
- GNL 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 GNL terminates user(s) membership, user(s) will not have
the right to re-enroll or join GNL under a new account or name
unless formally invited to do so by GNL. 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.). GNL 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). GNL 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 GNL or general
interest of its visitors/other members without assigning any reason
thereof. Registered User(s) are not a part or affiliate of GNL
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. GNL 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 GNL 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. GNL 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, GNL 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 GNL
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 GNL 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 GNL;
· 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 GNL or its affiliates.
- GNL 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 GNL to liability,
violates the terms and conditions and/or Agreement or is otherwise found
inappropriate in GNL'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 GNL 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. GNL makes no
representations or warranties about the validity, accuracy, correctness,
reliability, quality, stability, completeness of any information
provided on or through the website. GNL 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 GNL
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 GNL 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.
GNL 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 Great Northern Limited, 1-G Bharat Nagar Estate, New Friends Colony,
New Delhi -110025.