PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following agreement explains the terms and conditions of use ("Agreement"), applicable to Your use of Socisell.com ("Web Site"), which operates business between suppliers and buyers globally. It is an agreement between You as the user of the Web Site and Socisell. ("SOCISELL"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
By subscribing to or enabling with other User(s) on or doing negotiations in respect of sale or supply of goods or services on or using the Web Site in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
Please do not access the website Socisell.com if you do not agree to be bound by the Agreement.
I. WEBSITE- A PLATFORM
The Web Site is a platform for User(s) to negotiate and interact with other User(s) for going into negotiations in respect thereof for sale or supply of goods or services. Socisell is not a party to any negotiations that take place between the User(s) of the Web Site and further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.
Socisell is not a control and is not liable in respect of or accountable for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase
II. SERVICES PROVIDED BY SOCISELL
SOCISELL provides the following services to its Customers and their respective definitions are classified here under: -
- "Verified" Owner(s): Users are said to be verified if any of their provided primary/ secondary, mobile or email is verified by SOCISELL.
- "Verified" Store(s): Store(s) are said to be verified if any of their provided primary/ secondary, information is verified by SOCISELL.
III. USER(S) ELIGIBILITY
All User(s) represent and warrant that they have the right to avail or use the services provided by SOCISELL. SOCISELL will solely be availed by those individuals or business entities, including companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use SOCISELL’s Services.
All User(s) comply to abide by the Agreement and any other rules and regulations obligatory by the applicable law from time to time. SOCISELL has no liability to the User(s) or anyone else for any content, information or any other material transmitted over SOCISELL, including any fraudulent, untrue, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. SOCISELL at it’s sole discretion reserves the right to refuse SOCISELL’s Services to anyone at any time. SOCISELL will not be available for User(s) whose Accounts have been temporarily or indefinitely suspended by SOCISELL.
IV. USER(S) AGREEMENT
This Agreement applies to any individual who accesses or uses this platform for any purpose. It also applies to any legal entity which may be discribed by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this platform solely for their commercial/business purposes.
This Agreement applies to any or all services offered on this platform and by SOCISELL, collectively with any further terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on this platform, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
V. AMENDMENT TO USER(S) AGREEMENT
SOCISELL reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
VI. INTELLECTUAL PROPERTY RIGHTS
SOCISELL has all the rights to the Web Site and its content . Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in SOCISELL, its affiliates or licensor’s of the Web Site content, as the case may be.
All rights, not otherwise claimed under this Agreement by SOCISELL, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. SOCISELL does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
User(s) hereby acknowledge that any reliance upon the Information shall be at their own risk and further understand and acknowledge that the Information has been compiled from published sources. SOCISELL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
All Web Site Content including Website Information is copyrighted to SOCISELL excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) acknowledge and agree that SOCISELL is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). SOCISELL encourages User(s) to assist SOCISELL in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, SOCISELL does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which SOCISELL declines to take down a listing, SOCISELL does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of goods..
URL’s names assigned by SOCISELL to User(s) (including both paid and free User(s)) are the exclusive property of SOCISELL and it cannot be assumed to be permanent in any case. SOCISELL reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's names. In all such cases, Socisell will not be liable to any party for any direct, indirect, special or other consequential damages without limitation, any lost profits .
SOCISELL may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties. SOCISELL advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that SOCISELL has no control over any content offered on Third Party Websites.
VII. LINKS TO THIRD PARTY SITES
Links to third party sites are provided on Web Site as a convenience to User(s). User(s) acknowledge and agree that SOCISELL does not have any control over the content of such websites and/ or any information, resources or materials provided therein.
SOCISELL could enable User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties. SOCISELL advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Socisell is not responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
All the content and the features on the Web Site are made available to User(s) free of charge. However, SOCISELL reserves the right to terminate access to certain areas or features of the Web Site (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). SOCISELL also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of SOCISELL and/ or other User(s) of the Web Site. SOCISELL further reserves the right to limit, deny or create different access to the Web Site and its features with respect to different User(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to User(s).
SOCISELL reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with SOCISELL is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If any User(s) breaches any provisions of the Agreement.
(c) If any User(s) utilizes the Web Site to send spam messages or repeatedly publish the same product information.
(d) If any User(s) posts any material that is not related to international trade or business cooperation.
(e) If any User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
(f) If any User(s) is involved in unauthorized access, use, modification, or control of the Web Site database, network or related services.
(g) If any User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
IX. REGISTERED USER(S)
To become a registered User(s) of the Web Site a proper procedure has been made available on the Web Site which is for the convenience of User(s) so that they can easily use the website.
User(s) can become registered User(s) by filling an on-line registration form on the Web Site by providing the required information (including name, contact information, details of User(s) business, etc.). SOCISELL will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account. SOCISELL may at its own assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.
All User(s) agree that by registering on the Web Site, they consent to the inclusion of their personal data in SOCISELL’s on-line database and authorize SOCISELL to share such information with other User(s). SOCISELL may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. User(s) registered on the Web Site are in no manner a part of or affiliated to SOCISELL.
X. DATA PROTECTION
XI. POSTING YOUR CONTENT ON WEBSITE
User(s) understand and agree that SOCISELL in such case is not the author of the content and that neither SOCISELL nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. User(s) further understand and agree SOCISELL is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. SOCISELL shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide SOCISELL with true, accurate, current and complete information to be displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
User(s) hereby grant SOCISELL a worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) 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 Web Site, 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 Web Site .
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, 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 Third Party 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 Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) further hereby represent, warrant and agree that any content, material or information submitted to SOCISELL for show on the Web Site or transmitted or sought to be transmitted through SOCISELL’s Services does not and shall at no point:
- 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;
- Belong to another person and to which User(s) do not have any right to;
- Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
- Be intended to deceive or mislead the addressee about the origin of such messages or to communicate any information which is grossly offensive or menacing in nature;
- 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;
- Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
- Be vulgar, 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;
- Solicit business from any User(s) in connection with a commercial activity that competes with SOCISELL;
- Threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
- 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 or that are designed to interrupt, destroy or limit the functionality of any computer resource;
SOCISELL reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in SOCISELL’s reasonable belief is unlawful or could subject SOCISELL to liability or in violation of the Agreement or is otherwise found inappropriate in SOCISELL's opinion. SOCISELL 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. User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site.
XII. INTERACTION BETWEEN USERS
SOCISELL provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. SOCISELL does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction.
All User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
- Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
- Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) 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.
User(s) agree that SOCISELL 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. Socisell reserves the right to add/modify / discontinue any of the features offered on SOCISELL’s Services.
XIII. LIMITATION OF LIABILITY/DISCLAIMER
SOCISELL disclaims any and all warranties, implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. SOCISELL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site. SOCISELL does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and SOCISELL makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
Under no circumstances shall SOCISELL be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour 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 SOCISELL, 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 their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save SOCISELL, 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 User(s)’s breach of any representations and warranties made by the User(s) to SOCISELL.
User(s) hereby further agree that SOCISELL is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). SOCISELL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with SOCISELL in asserting any available defences.
SOCISELL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages resulting from any of the following:
- The use or the inability to use the Web Site;
- Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
- 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 web site may violate or may be asserted to violate Third Party Rights.
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the web site.
XIV - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us by using our contact form.