TERMS OF USE
These Terms of Use (“Terms”), govern the access or use by You, an individual or a body
corporate, from within India of the services (“Services”) made available by Metalmarket
Technologies India Private Limited, a company incorporated under the provisions of the Companies Act,
and its Affiliates (collectively with its successors, assigns, subsidiaries, and affiliates) (“MTIPL”).
In addition to the Terms of Use, all users are also bound by the Privacy Policy, Cancellation, Refund
and Return Policy, and the Shipping Policy (“Policies”), as are displayed on the
Website, the link is herein attached – [.]
1. PRINCIPLES
Your access and use of the Services constitutes your agreement to be bound by these Terms, which
establishes a contractual relationship between you and MTIPL. If you do not agree to these Terms, you
may not be able to access or use the Services that are available on the website https://metal-market.in/
(“Website”). These Terms expressly supersede prior written or oral agreements with you.
Please read these Terms carefully before accessing or using the Services.
Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in
connection with the Services to which the said supplemental terms apply. Supplemental terms are in
addition to, and will be deemed to be a part of, these Terms. In the event of a conflict between these
Terms and the supplemental terms, the supplemental terms will prevail.
MTIPL will execute an agreement with you containing these and other terms towards the crystallisation of
yours and its rights and obligations. In the event of any conflict between the provisions of these
Terms, any supplemental terms to these Terms, and those contained in the Agreement, the Agreement will
prevail.
MTIPL will have the right to restrict You from accessing or using the Services, or any part of them,
immediately, without notice, in the event where MTIPL reasonably suspects that:
- You have, or are likely to, breach these Terms; and/ or
- You do not, or are likely not to, qualify under applicable law or the standards and policies of
MTIPL to access and use the Services.
MTIPL reserves the right to terminate these Terms and/ or any Services with respect to You, or
generally cease to offer or deny access to the Services or any portion thereof:
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immediately where MTIPL reasonably suspects that:
a. You have, or are likely to, materially breach these Terms; and/ or
b. You do not, or are likely not to, qualify, under applicable law or the standards and
policies of MTIPL to access and use the Services; or
- with prior notice of seven (7) days, where MTIPL acting reasonably, terminates these Terms or
any Services for any legitimate business, legal, or regulatory reasons.
- You may terminate these Terms at any time with a prior notice of thirty (30) days to MTIPL.
2. MODIFICATION OF THESE TERMS
MTIPL reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms, and
any other documents incorporated by reference herein for complying with its legal and regulatory
requirements and for other legitimate business purposes, at any time, and MTIPL will post the amended
Terms at this domain: https://rankneverretires.com/home/legal/terms_conditions. It is your
responsibility to review the Terms of Use or any changes and you are encouraged to check the Terms of
Use frequently. Your use of the Website following the date that the amendments to the Terms of Use take
effect will imply your assent to and acceptance of any revised Terms of Use. If you do not agree to
abide by these or any future Terms of Use, you may abstain from using or accessing the Website or our
Services.
3. PRIVACY POLICY
MTIPL has a dedicated privacy policy (“Privacy Policy”) available here: [.] . The
Privacy Policy sets out how MTIPL collects and uses users’ personal information, as also how users may
seek access to and correction of their personal information held by MTIPL and how they may make a
privacy complaint in the event of any grievance/s that may arise from the acts or omissions of the
company. The Privacy Policy is hereby incorporated into these Terms. Your use of the Website is governed
by the Privacy Policy.
4. SERVICES
MTIPL will provide the Services to You under these Terms:
MTIPL offers products of Vendors by placing an order through this Website. By accessing this
website, you hereby agree to all the terms set forth in this agreement.
MTIPL has all the rights to refuse service to any customer.
All product(s) listed on the website are subject to availability.
MTIPL reserves the right to reject all or any part of an order, even if you have placed on order
for the said product(s).
MTIPL reserves the right to discontinue any product(s) without any notice to you, even if you
have already placed an order for the said product(s).
MTIPL is an intermediary that facilitates online transaction between User and Vendor. MTIPL is
not responsible for any variation in pictorial representation or description of product(s) as
MTIPL only provides the description and pictorial representation as per the instructions of
Vendor(s).
The prices and description of the product(s) are subject to change without any notice to the
User, at the sole discretion of MTIPL.
MTIPL is not responsible for any modification to product(s) including price, discontinuance,
etc. by the Vendors.
It is the sole responsibility of the user to read the instructions written on
description/packaging of a product(s) before placing an order for the same.
Offers available on the MTIPL website shall be, in addition to this agreement, subject to the
terms and conditions as may be listed on the MTIPL in relation to such offers.
You must not use our website in any manner that may cause, or is likely to cause interruption,
damage, or disruption of our website or access to our website to other user(s). You must use our
website for lawful purposes alone.
You acknowledge that the Services provided to you will be through such Vendors, who are not
employed by MTIPL or any of its affiliates. The liability of MTIPL and the Vendors will be as
set out in a separate agreement executed for this purpose.
Without MTIPL’s permission and/ or explicit written consent, as applicable, You may not: (i)
remove any copyright, trademark, or other proprietary notices from any portion of the Services;
(ii) remove, modify, prepare derivative works based upon, distribute, license, lease, sell,
resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise
exploit the Services; (iii) decompile, reverse engineer, or disassemble the Services except as
may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the operation
and/ or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access
or to impair any aspect of the Services or its related systems or networks.
MTIPL does not manufacture products and is merely an electronic intermediary. We attempt to be
as accurate as possible in the description of the products, however, we do not warrant such
description to be absolutely accurate, complete, reliable, current, or error-free. The product
pictures are merely indicative and may not match the actual product. At the option discretion
and competency of our listed Vendors, MTIPL may provide customisations on the Product and/or
range of Products.
MTIPL is not liable to you in any way or relation to persons misusing our name to engage in
fraudulent activities.
Return/Cancellation: The Return/Cancellation of any product is governed by the
Return/Cancellation of the Vendor. MTIPL shall only facilitate the return/cancellation of any
product in terms of the policy of the Vendor.
You will be required to enter a valid phone number while placing an order on through the
Website. By registering your phone number with us, you consent to receive communications via
electronic records from us periodically and as and when required. We may communicate with you by
email or by such other mode of communication, electronic or otherwise.
Subject to Your compliance with these Terms, MTIPL grants to You a limited, non-exclusive, revocable,
non-transferable license to: (i) access and use the Website in connection with Your use of the
Services; and (ii) access and use any content, information, and related materials that may be made
available through the Services. Any rights not expressly granted herein are reserved by MTIPL.
5. VENDORS
As a registered Vendor, you are allowed to list item(s) for sale on the Website in accordance with the
Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to
sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe
upon the intellectual property, trade secret or other proprietary rights or rights of publicity or
privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that
describe your item for sale. All listed items must be listed in an appropriate category on the Website.
All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the
product. If the item description does not match the actual condition of the item, you agree to refund
any amounts that you may have received from the Buyer. You agree not to list a single product in
multiple quantities across various categories on the Website. MTIPL reserves the right to delete such
multiple listings of the same product listed by you in various categories.
6. YOUR USE OF THE SERVICES
To use the Services, You must be at least eighteen (18) years of age. Registration with MTIPL may
require You to submit certain personal information, such as your name, organisation name, address,
mobile phone number, email, and age. You agree to provide and maintain accurate, complete, and
updated information to MTIPL. Your failure to provide accurate, complete, and updated information
may result in your inability to access or use the Services.
If you are accessing, browsing and using the Website on behalf of another person/entity, you
represent that you have the authority to bind that person to all the Terms of Use. In the event that
the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability
for any harm caused by any wrongful use of the Website resulting from such access or use of the
Website in whatsoever nature.
The Services are not available for use by persons under the age of 18, however if an individual
under the age of 18 wishes to make use of Our Services they may do so in the presence of their
parent or any lawful guardian. Unless expressly consented to by MTIPL, You may not authorise third
parties to use the Services through You. You may not assign or otherwise transfer the Services
provided by MTIPL or its Vendors to any other entity or person or party without MTIPL 's explicit
written consent.
You agree to comply with all applicable laws when accessing or using the Services, and you may only
access or use the Services for fruitful and lawful purposes. You will not, in your use of the
Services, cause nuisance, inconvenience, or property damage, whether to the Vendor or to any other
party.
MTIPL prohibits discrimination against its Vendors based on race, religion, caste, national origin,
sex and sexual orientation, disability, marital status, age, or any other characteristic that may be
protected under applicable law. Such discrimination includes, but is not limited to, any refusal to
accept Services based on any of these characteristics.
MTIPL may, in its sole discretion, permit you time to time to submit, upload, publish, or otherwise
make available to MTIPL textual, graphic, audio, or video content (collectively referred to as “User
Content”). Any User Content provided by you remains your property. However, by providing the User
Content to MTIPL, you grant to MTIPL a worldwide, perpetual, irrevocable, transferable, royalty-free
license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute,
publicly display, publicly perform, and otherwise exploit in any manner such User Content in all
formats and distribution channels now known or hereafter devised without further notice to or
consent from you, and without any requirement of payment to you or any other person or entity.
You represent and warrant that: (a) you are either the sole and exclusive owner of all User Content
or You have all rights, license, consents, and releases necessary to grant MTIPL the license to the
User Content; and (b) neither the User Content, nor your submission, uploading, publishing, or
otherwise making available of such User Content nor MTIPL's use of the User Content as permitted
herein will infringe, misappropriate, or violate a third-party's intellectual property or
proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
You agree not to provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic,
invasive of another's privacy, ethnically objectionable, disparaging, relating to or encouraging
money laundering or gambling, libellous, racist, harmful, violent, obscene, pornographic, unlawful,
or otherwise offensive unlawful as determined by MTIPL in its sole discretion, whether such material
may be protected by law. MTIPL may but will not be obliged to, review, monitor, or remove User
Content, at MTIPL's sole discretion and at any time and for any reason, without notice to you.
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You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable whatsoever under any circumstances for any:
(a) interruption of business;
(b) access delays or access interruptions to the site;
(c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site;
(e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;
(f) any inaccuracies or omissions in content; or
(g) events beyond the reasonable control of MTIPL. We make no representations or warranties that defects or errors will be corrected.
- Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates,
partners, or licensors will be liable for any indirect, special, punitive, incidental, or
consequential damages of any kind (including lost profits) related to the Website or your use
thereof regardless of the form of action whether in contract, tort (including negligence) or
otherwise, even if we have been advised of the possibility of such damages and in no event will our
maximum aggregate liability exceed.
7. PAYMENT
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MTIPL does not have a payment gateway of its own and payments for services used are not directly made to the Vendor, but are made through a Third Party gateway which, therefore does not make MTIPL, in any way accountable or liable for the misuse of any data that relates to the making of transactions, which may include:
a. Bank Details
b. Credit/Debit Card Details
c. UPI Details, and
d. Other Payment gateways as offered.
- Payment(s) that are made directly to the Vendor(s) are not governed by these terms of use. MTIPL
does not take any responsibility for payment(s) made directly to the Vendor(s).
8. FINANCIAL SERVICES
MTIPL provides Financial Services to its clients in the form of financial facilitation of deals
happening on the Website. The facilitation can be done in 3 ways:
1) MTIPL finances deals by its own. In this case MTIPL will be a seller of the product and will
provide a “deferred payment” service to its clients
2) MTIPL involves its financial partners (NBFCs and Banks) to finance a buyer– in this case buyer and
financial partner sign a supply chain financing contract which can be downloaded from here (link to
the standard contract with NBFC)
3) MTIPL involves its financial partners (NBFCs and Banks) to finance a seller – in this case seller
and financial partner sign a supply chain financing contract which can be downloaded from here (link
to the standard contract with NBFC)
9. LOYALTY PROGRAM
MTIPL provides a Loyalty Program for all of its customers to provide benefits to earn back while shopping from our platform. For more details visit this link
8. GOVERNING LAW, DISPUTES
The laws of India will govern the relationship and all transactions between you and MTIPL. Sole place of
jurisdiction will be the courts of Bangalore, India.
9. POLICY FOR DND/NDNC
By using the Website and/or registering Yourself on the Website, You authorize us to contact you via
email or phone call or SMS and offer you our services, imparting product knowledge, offer promotional
offers running on website and offers offered by the associated third parties, for which reasons,
personally identifiable information may be collected. Irrespective of the fact if you have also
registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from
MTIPL for the above mentioned purposes till 365 days of your registration with us.
