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Term Condition

UPDATED: 12 September, 2016

This website, WWW.COMMODITYJUNCTIONS.COM, (hereinafter referred to as "COMMODITYJUNCTIONS") is operated by Casper Infosystem Private Limited (www.casperinfosystem.com) (hereinafter referred to as Casper), a company incorporated in India under the Companies Act, 2013 and having its registered office at C-142, 3rd Floor, DDA Flats, Double Storey, Garhi, East of Kailash, New Delhi- 110065.

Terms and Conditions

 

USER AGREEMENT

Dear Customer,

Before using our services you are required to read the user agreement and accept all the terms and conditions. The same are listed below for your reference:

Agreement between User and www.commodityjunctions.com

This page sets forth the terms and conditions under which www.commodityjunctions.com provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you shall be presumed to have agreed to the terms and conditions we have outlined below and these terms and conditions constitute your binding obligations towards www.commodityjunctions.com. If you do not accept these terms and conditions, do not continue to use or access this site.

For the purpose of the User Agreement, 'You' shall mean any natural or legal person who is using the website or has agreed to become a member of the Website by providing Registration Data while registering on the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("Username" and "Password").

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices which are subject to amendment without any notice. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and abide by them if you choose to use the sites, pages or services to which they apply.

 

USE OF WEBSITE

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, infirm, un-discharged solvents are not eligible to use the Website.

www.commodityjunctions.com grants you a limited, non-transferable license to use this site in  accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate sell or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent activity or any buying / purchasing in anticipation of demand. You shall not make enquires in the name of fictitious person. You agree that you will not use any device, software or routine that would interfere or be reasonably expected to interfere with the normal working of this site. You agree that you shall not take any action that imposes a burden or load on our infrastructure that www.commodityjunctions.com deems in its sole discretion to be unreasonable or disproportionate to the benefits www.commodityjunctions.com obtains from your use of the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage acts or omissions that would amount to a criminal offense or attempt to commit a criminal offense, or give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by patent, copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, worm or other harmful item or program that may damage, detrimentally interfere with, surreptitiously intercept and/or expropriate any system, data or important information, (d) create any liability for us or cause us to lose (fully or partially) the services of our ISPs or other suppliers, or (e) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

This Web site is for your personal and non-commercial use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

 

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS AGREEMENT

The Users availing services from WWW.COMMODITYJUNCTIONS.COM shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by WWW.COMMODITYJUNCTIONS.COM for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or WWW.COMMODITYJUNCTIONS.COM with respect to any services to be provided by WWW.COMMODITYJUNCTIONS.COM shall be restricted to the scope of this agreement.

WWW.COMMODITYJUNCTIONS.COM reserves the right, in its sole discretion, to terminate the access to any or all WWW.COMMODITYJUNCTIONS.COM websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.

In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by WWW.COMMODITYJUNCTIONS.COM.   Such TOS will be provided/ updated by WWW.COMMODITYJUNCTIONS.COM which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, buying or selling of commodities like coal, iron ore, sugar, agri products etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or other rules.

WWW.COMMODITYJUNCTIONS.COM's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail WWW.COMMODITYJUNCTIONS.COM's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other WWW.COMMODITYJUNCTIONS.COM document, then these terms shall control.

 

Links to third party sites

This Web site may contain links to websites operated by parties other than WWW.COMMODITYJUNCTIONS.COM. Such links are provided for your convenience only. WWW.COMMODITYJUNCTIONS.COM does not control such websites, and is not responsible for their contents under any circumstances. WWW.COMMODITYJUNCTIONS.COM's inclusion of links to such web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Your correspondence or business dealings with or participation in activities such as but not limited to promotions found in or through such websites are solely between you and such parties. You agree that WWW.COMMODITYJUNCTIONS.COM shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such links on WWW.COMMODITYJUNCTIONS.COM website.

By using the Account Access service in WWW.COMMODITYJUNCTIONS.COM's websites, the User authorizes WWW.COMMODITYJUNCTIONS.COM and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify WWW.COMMODITYJUNCTIONS.COM immediately in writing of any unauthorized use of their password or account or any other breach of security. WWW.COMMODITYJUNCTIONS.COM will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time

 

No Unlawful or Prohibited Use

As a condition of your use of this Web site, you warrant to WWW.COMMODITYJUNCTIONS.COM that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

Software available on this web site

Any software that is made available to download from this Web site ("Software") is the copyrighted work of WWW.COMMODITYJUNCTIONS.COM and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, WWW.COMMODITYJUNCTIONS.COM hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Please note that all Software, including without limitation all Source code contained in this Web site, is owned by WWW.COMMODITYJUNCTIONS.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of INDIA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to INDIAN export restrictions.

 

AGE & RESPONSIBILITY

If you use this site, you alone are responsible for maintaining the confidentiality of your account information, username and your password/s. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

 

ACCURACY OF INFORMATION

Www.commodityjunctions.com does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will www.commodityjunctions.com be liable for any loss or direct, indirect, incidental, special or consequential damages caused by dependence on this information. The information on this Website may be changed or updated without notice. www.commodityjunctions.com may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice.

 

Online posting of requirements to buy or sell commodities.

WWW.COMMODITYJUNCTIONS.COM has made this facility available to you as a value-added service. Using this service, you can post your requirements to buy / sell various commodities services offered by you or  WWW.COMMODITYJUNCTIONS.COM. Your request will be processed for confirmation of prices and availability of services requested by you. Only on confirmation to you about the prices and availability, WWW.COMMODITYJUNCTIONS.COM will be bound to provide you the requested services subject however to you making full payment and complying with the relevant terms and conditions. Any correspondence with, you prior to WWW.COMMODITYJUNCTIONS.COM aforesaid confirmation, will not be treated as any acceptance of your request. The online posting of the products and services made available through this website is subject to availability and solely at the discretion of WWW.COMMODITYJUNCTIONS.COM and/or its respective suppliers. Please ensure that all information given by you while posting your requirements are correct. For security reasons and to be able to advice you of any developments affecting your requirement we need to be able to contact you by telephone and email and to have your correct address on record .If any or all of these contact details are not correctly given by you, we reserve the right to cancel the transaction at your risk and cost.

The right to access and transact on the web site is reserved as is the right to use any particular credit card on the site for payment purposes.

 

FEES PAYMENT

WWW.COMMODITYJUNCTIONS.COM reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. WWW.COMMODITYJUNCTIONS.COM further reserves the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by WWW.COMMODITYJUNCTIONS.COM for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the enquires not getting confirmed for any reason whatsoever, we will intimate you of the same. Www.commodityjunctions.com is not under any obligation to compensate/ replace the unconfirmed one.  All subsequent further requests will be treated as a new transaction with no reference to the earlier unconfirmed enquires.

 

FORCE MAJEURE

If the posting or any part thereof cannot be conducted due to Force Majeure or Vis Majeure, the Company shall not be responsible to give any refund to you. However, at its sole discretion, the Company gives the refund based on various factors like the number of participants, the cancellation policies of suppliers like etc. the decision of the Company on the quantum of refund shall be final.

It would take at least 45 days to process the refund (if due).

It is clearly understood that there shall be no refund whatsoever if the Client does not or cannot utilize any of the services due to any reason whatsoever.

 

RIGHT TO REFUSE

WWW.COMMODITYJUNCTIONS.COM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by WWW.COMMODITYJUNCTIONS.COM is not complete until full money towards the service is received from the customer and accepted by WWW.COMMODITYJUNCTIONS.COM.

Without prejudice to the other remedies available to WWW.COMMODITYJUNCTIONS.COM under this agreement, the TOS or under applicable law, WWW.COMMODITYJUNCTIONS.COM may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

•             The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

•             WWW.COMMODITYJUNCTIONS.COM is unable to verify or authenticate any information provided by the user; or

•             WWW.COMMODITYJUNCTIONS.COM believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or WWW.COMMODITYJUNCTIONS.COM.

WWW.COMMODITYJUNCTIONS.COM may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with WWW.COMMODITYJUNCTIONS.COM or use the website in any manner whatsoever until such time that the user is reinstated by WWW.COMMODITYJUNCTIONS.COM.

Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, WWW.COMMODITYJUNCTIONS.COM reserves the right to recover any amounts due and owing by the user to WWW.COMMODITYJUNCTIONS.COM and/or the service provider and to take strict legal action as WWW.COMMODITYJUNCTIONS.COM deems necessary.

 

RIGHT TO CANCELLATION BY WWW.COMMODITYJUNCTIONS.COM IN CASE OF INVALID INFROMATION FROM USER

The User expressly undertakes to provide to WWW.COMMODITYJUNCTIONS.COM only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from WWW.COMMODITYJUNCTIONS.COM.

In case WWW.COMMODITYJUNCTIONS.COM discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, WWW.COMMODITYJUNCTIONS.COM in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the buy/sell contracts, etc. without any prior intimation to the User. In such an event, WWW.COMMODITYJUNCTIONS.COM shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of services.

The User unequivocally indemnifies WWW.COMMODITYJUNCTIONS.COM of any such claim or liability and shall not hold WWW.COMMODITYJUNCTIONS.COM responsible for any loss or damage arising out of measures taken by WWW.COMMODITYJUNCTIONS.COM for safeguarding its own interest and that of its genuine customers. This would also include WWW.COMMODITYJUNCTIONS.COM denying/cancelling any contracts on account of suspected fraud transactions.

 

ONUS OF THE USER

WWW.COMMODITYJUNCTIONS.COM is responsible only for the transactions that are done by the User through WWW.COMMODITYJUNCTIONS.COM.   WWW.COMMODITYJUNCTIONS.COM will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or any other countries or other applicable law.

 

CONFIDENTIALITY

Information concerning www.commodityjunctions.com, or any of its subsidiaries, their employees, customers, agents, suppliers, franchisees, affiliates or others on whom data is collected, stored, or processed is the property of www.commodityjunctions.com and is confidential except for the necessary disclosures required by law.

 

COPYRIGHT POLICY

WWW.COMMODITYJUNCTIONS.COM holds the copyright in respect of this site, and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of WWW.COMMODITYJUNCTIONS.COM,  and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of WWW.COMMODITYJUNCTIONS.COM.

You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited.

 

SAFETY OF DATA DOWNLOADED

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service 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 and/or data.

Nevertheless, WWW.COMMODITYJUNCTIONS.COM will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL WWW.COMMODITYJUNCTIONS.COM BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED OR INTERFACED WEBSITE OR DUE TO ACCESSING DATA RESIDING ON THIRD PARTY SERVERS NOT BELONGING TO WWW.COMMODITYJUNCTIONS.COM.

 

PRODUCTS & SERVICES

Please Note that none of the information contained in this Website should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products WWW.COMMODITYJUNCTIONS.COM generally offers. The products and service statements on this Website are for general description purposes only. Furthermore, not all the products or services are available in every state or country. We do not own or operate any of the services hosted or available on our Website. We are mere service facilitators and do not guarantee the authenticity or genuineness of the products and services of the third party, although we take steps in selecting them.

Kindly refer to the respective product pages for the applicable Terms and Conditions.

We do not control or operate any third party offers to buy or sell any product neither do control or we own any shipping company or any other facility or service mentioned on the site. We take care in selecting all the principles however but because we select them- we have no control on running them. We cannot be held responsible for any lack of service by any independent agency or company or any other service provider.

 

PROMOTIONS / OFFERS / SCHEMES

Please note that in case of special offers, promotions or schemes additional terms and conditions of these offers, promotions or schemes will be applicable in addition to these terms and conditions. You might have to adhere to the payment schedule prescribed under such offers, promotions or schemes in order to be eligible to avail benefits under such offers, promotions or schemes. If you fail to make the payment by the due date and/or do not comply with all the terms and conditions of the offer, promotion or scheme you would not be entitled to receive the benefit under such offer, promotion or scheme.

 

HEALTH & INSURANCE

It is advisable that the user acquires adequate insurance cover to secure their property. It is mandatory that you purchase an Overseas insurance and other Insurance Policies to cover the risk of trade and property whilst on tour from the insurance company identified and named by either Www.commodityjunctions.com or per user choice at the prescribed rate.

You must check the accuracy and correctness of the policies and in case of any errors report the same to the Insurance Company to rectify it as Www.commodityjunctions.com will not be responsible for the same.

Please note that any claim would have to be referred by you directly to the insurance company and we are only the facilitators.

Unless explicitly provided by WWW.COMMODITYJUNCTIONS.COM in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and WWW.COMMODITYJUNCTIONS.COM doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by WWW.COMMODITYJUNCTIONS.COM shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and WWW.COMMODITYJUNCTIONS.COM shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

 

PROFESSIONAL ADVICE and WARRANTIES

The information provided on this site is distributed with the understanding that WWW.COMMODITYJUNCTIONS.COM is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

WWW.COMMODITYJUNCTIONS.COM specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. WWW.COMMODITYJUNCTIONS.COM shall not be liable for any damages resulting from the use or misuse of this site or the information on this site.

 

FORCE MAJURE CIRCUMSTANCES

The user agrees that there can be exceptional circumstances where the service provider may be unable to honor the contract due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and cargo cancellations etc. If WWW.COMMODITYJUNCTIONS.COM is informed in advance of such situations where dishonor of contracts may happen, it will make its best efforts to provide similar alternative to its customers. The user agrees that WWW.COMMODITYJUNCTIONS.COM being an agent for facilitating the contract services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in WWW.COMMODITYJUNCTIONS.COM, services committed earlier may not be provided or may involve substantial modification. In such cases, WWW.COMMODITYJUNCTIONS.COM shall minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of WWW.COMMODITYJUNCTIONS.COM against such non-provision of services or deficiencies.

Additional liabilities, if any, shall be borne by the User.

WWW.COMMODITYJUNCTIONS.COM shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of WWW.COMMODITYJUNCTIONS.COM arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by WWW.COMMODITYJUNCTIONS.COM for its services.

In no event shall WWW.COMMODITYJUNCTIONS.COM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the WWW.COMMODITYJUNCTIONS.COM website(s) or any other channel . Neither shall WWW.COMMODITYJUNCTIONS.COM be responsible for the delay or inability to use the WWW.COMMODITYJUNCTIONS.COM websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the WWW.COMMODITYJUNCTIONS.COM website(s), or otherwise arising out of the use of the WWW.COMMODITYJUNCTIONS.COM website(s), whether based on contract, tort, negligence, strict liability or otherwise.

WWW.COMMODITYJUNCTIONS.COM is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

 

ARBITRATION AND GOVERNING LAW

All legal disputes will be settled under the laws of Indian courts subject to laws of Republic of India. In the event of any dispute of whatever nature, arising under this Agreement, such dispute shall be settled through good faith negotiation among the parties. In case such dispute cannot be resolved by negotiation within 30 days such dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Delhi, India. The decision of the arbitral tribunal shall be final and binding upon the parties. In case of the dispute requiring intervention of courts, courts in Delhi alone shall have exclusive jurisdiction.

 

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to WWW.COMMODITYJUNCTIONS.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WWW.COMMODITYJUNCTIONS.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by WWW.COMMODITYJUNCTIONS.COM in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

 

USAGE OF THE MOBILE NUMBER OF THE USER BY WWW.COMMODITYJUNCTIONS.COM

WWW.COMMODITYJUNCTIONS.COM may send contract confirmation, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of contract; WWW.COMMODITYJUNCTIONS.COM may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the contract, for any reason what so ever, to know the preference of the User for concluding the contract and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by WWW.COMMODITYJUNCTIONS.COM is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify WWW.COMMODITYJUNCTIONS.COM against all types of losses and damages incurred by WWW.COMMODITYJUNCTIONS.COM due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on WWW.COMMODITYJUNCTIONS.COM with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

 

FEEDBACK FROM CUSTOMER AND SOLICITATION:

The User is aware that Www.commodityjunctions.com provides various services and would like to learn about them, to enhance his / her experience. The User hereby specifically authorizes Www.commodityjunctions.com to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Www.commodityjunctions.com for specific exclusion at specified email ID’s or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of WWW.COMMODITYJUNCTIONS.COM on its website in accordance of which WWW.COMMODITYJUNCTIONS.COM contacts, solicits the user or shares the user's information.

 

UPDATION OF THE INFORMATION BY WWW.COMMODITYJUNCTIONS.COM

User acknowledges that WWW.COMMODITYJUNCTIONS.COM provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the WWW.COMMODITYJUNCTIONS.COM websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as WWW.COMMODITYJUNCTIONS.COM notices them. Changes are/may be periodically made/added to the information provided such. WWW.COMMODITYJUNCTIONS.COM may make improvements and/or changes in the WWW.COMMODITYJUNCTIONS.COM websites at any time without any notice to the User. Any advice received except through an authorized representative of WWW.COMMODITYJUNCTIONS.COM via the WWW.COMMODITYJUNCTIONS.COM websites should not be relied upon for any decisions.

 

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless WWW.COMMODITYJUNCTIONS.COM and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WWW.COMMODITYJUNCTIONS.COM and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.

The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and WWW.COMMODITYJUNCTIONS.COM cannot be held responsible for the same.

 

INTERPRETATION NUMBER AND GENDER

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

 

PRIVACY POLICY

You have read the WWW.COMMODITYJUNCTIONS.COM Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. We try to maintain the privacy of the personal information provided by you. However, it would be necessary for us to share this information with Consulates, Embassies, Airlines, Hotels and other service providers who would be providing you service during the tour. We would also be constrained to disclose such information if we receive an order of the court, a requisition from any government or statutory authority, subpoena, or under any law, rules or regulations, such disclosure becomes necessary. The company reserves the right to publish photographs / letters / web pictures /videos / emails taken by you and also to track usage statistics. WWW.COMMODITYJUNCTIONS.COM prompts all its users to register online so that WWW.COMMODITYJUNCTIONS.COM can send you updates and information. You consent to the use of your personal information by WWW.COMMODITYJUNCTIONS.COM, its associate and group companies and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the WWW.COMMODITYJUNCTIONS.COM Privacy Policy.

WWW.COMMODITYJUNCTIONS.COM prompts all its users to register at one time. The details captured during registration are purely to provide better service in future.

WWW.COMMODITYJUNCTIONS.COM will not be sharing these details with any other third party.

 

TERMINATION & SEVERABILITY

WWW.COMMODITYJUNCTIONS.COM may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which WWW.COMMODITYJUNCTIONS.COM and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to WWW.COMMODITYJUNCTIONS.COM and its third party providers or distributors, as applicable. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

 

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.

I,   do hereby state and confirm on behalf of myself and others availing the services booked by me, that I have perused the How to Book rules, Terms and Conditions, relevant webpages, itinerary, user agreement, privacy policy and we accept and undertake to abide by the same.

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