Terms and Conditions – DairyTrade

Please read the Terms and Conditions (the “Terms”) herein and the Privacy Policy carefully as the services provided by this website are subject to your acceptance of and compliance with the Terms set out herein.

This website allows you to browse, select and contact businesses for the purchase of goods in bulk (“Goods” or “Services” or “Products”).

The act of using the website, availing of the services provided herein, or subscribing to the website signifies your acceptance of the supply terms and your agreement to be legally bound by the same. In addition to the foregoing, you shall also be bound by the terms of use of the website or additional terms of service which shall be displayed at the time of selection of product. Where there is a conflict between the terms set out herein and the additional terms, the latter shall prevail.

In these Terms, references to “us”, “we”, “the Company” and “our” shall refer to DairyTrade and references to “you”, and “User” shall refer to the end user, availing the services provided through this website.

1. Introduction

   1. www.dairytrade.in (“Website”) is an Internet platform operated by Sree Guru Agencies, a Company duly registered under the laws of India, with its principal place of business at A-03, HMT Industries Est, Jalahalli West, B - 31, HMT, Bangalore - 560013.

   2. The services offered on the website and the mere use thereof are subject to the acceptance, without any alteration or modification, of all the terms, conditions and notices contained in the Terms, and as may be posted on the Website from time to time. www.dairytrade.in reserves the right to refuse acceptance of a User’s request to register themselves on the Website without providing any reason to such User.

   3. This document is an electronic record in terms of the Information Technology Act, 2000 and any rules made thereunder, as applicable. This electronic record is computer generated and does not require any physical or digital signatures.

   4. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above, and are fully competent to enter into this Agreement and are able to abide by and comply with the provisions of this Agreement. If a User is under the aforementioned age, it is assumed that they are using this website under the supervision of their parent or legal guardian and further that, the parent or legal guardian has read and agrees to the terms of this Agreement. If a User under the age of 18 (Eighteen) years is using this Website without the supervision of their parent/legal guardian, the Website reserves the right to deactivate such account without any notice.

1. Amendment and Modification

   1. The Company reserves the right to amend the Terms/this Agreement and/or its Privacy Policy at any time by posting a revised version of the aforementioned on the Website. You are advised to regularly check the Website for any amendments or modifications made to the terms of this Agreement.

1. Interpretation

   1. The headings and subheadings included herein are for the purposes of convenience and identification only. They do not define, restrict or limit the scope of the Terms in any manner whatsoever.

   2. The terms and conditions set forth herein constitute the entire agreement and the understanding between the Company and the User with respect to the subject matter set forth in the Website and/or Services and supersedes all prior or contemporaneous communications or proposals, whether written or oral, and shall also supersede all contrary representations contained in the Website and/or Services, including but limited to any statements of policy.

   3. This Agreement shall be read and understood as a whole.

1. User Account Details

   1. Upon completing the Website’s registration process, the User may login using their registered phone number and a one-time numeric passkey that is generated for each login attempt.

   2. The User is responsible for maintaining confidentiality of the password and the account and is fully responsible for all the activities that occur under the account.

   3. In case of unauthorized use of the account or breach of security, you shall immediately notify the Company of such activity.

   4. The Company cannot and will not liable for any loss or damage caused to you or a third party due to your failure to comply with the provisions under this Clause or any further claims that may arise against the Company due to such a failure to comply by you.

1. Products and Services offered

   1. The Company shall:

      1. Offer its services to initiate wholesale trading within the confinements of dairy products with categories including but not limited to skimmed milk powder, whole milk powder, paneer, whey powder, white butter, yellow butter, ghee and maltodextrin.

      2. Offer a platform for its Users to discover the buyers and sellers, respectively through a single digital space and provide for parallelization of requests for buying and selling of materials among them. It shall also keep the quoted prices confidential between its transacting Users.

      3. Track and publish the reputation level of its Users in order to maintain clarity and transparency among its Users. It shall also keep its Users informed about the market trends of the categories which its Users deal with.

   2. The Company reserves the right to update its products and services it offers from time to time by providing notifications of the same in its Website.

2. Privacy Policy

   1. The User hereby consents expressly agrees that they have read the Privacy Policy of the Company and further accepts the terms contained therein.

1. User Right Restriction

   1. The User undertakes that they will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website for commercial, non-commercial or any other purposes.

   2. The User undertakes that their listings:

      1. Shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit and/or stolen goods;

      2. Shall not be made in the absence of any intention to actually enter into a transaction but rather for the mere purpose of acquiring/mining information.

      3. Shall not pertain to any good of which they are not the lawful owner or of which they do not have the authority or consent to list;

      4. Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling;

      5. Shall not violate any law for the time being in force;

      6. Shall not deceive or mislead any User by, intentionally or otherwise, providing any information which is patently false or misleading in nature but may be reasonably be perceived as a fact, for the purposes of obtaining financial gain or to cause injury to any person or otherwise.

      7. Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

      8. Shall not constitute an unfair trade practice.

      9. Shall not distribute or contain spam, multiple/chain letters, or pyramid schemes in any of its forms.

      10. Shall not distribute viruses or any other technologies that may harm the Company or the interests or property of the Company users or impose an unreasonable load on the infrastructure or interfere with the proper working of this Website.

      11. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

      12. Shall not be placed in a wrong category or in an incorrect area of the site.

      13. Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India.

2. Breach of Terms

   1. The User hereby agrees that in the event that the listing, posting or the information submitted by the user violates the Terms, the Company shall have the right to disable the offending content, terminate and/or suspend the User’s membership of the Site and refuse to provide the User or any person acting on behalf of them, access to the Site.

   2. In the event that the listing, posting or information is removed from the Site, the User shall be provided notified and will be required to show cause as to why such listing, posting or information should not be removed from the Site.

   3. Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate government or its agency, the Company shall not host, store or publish any unlawful information which is prohibited under the law for the time being in force in relation to the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, in relation to contempt of court, defamation, incitement to an offence relating to the above or any information which is prohibited under any law for the time being in force.

   4. If any such information is being hosted by the Company, we shall remove or disable access to that information no later than 36 hours from the receipt of the court order or being notified by the Appropriate Government or its agency.

   5. Within a period of 72 hours from receiving such information, the Company shall also provide any such information in control or possession to the Appropriate Government or its agency, for the purposes of verification of identity or for the prevention, detection, investigation, or prosecution of offences under any law for the time being in force.

   6. Grievance Redressal Mechanism under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

      1. If the User wishes to complain about the Services provided by the Company or the use thereof, the User may contact the Resident Grievance Officer. The details are as listed below.

         1. Name: Rajat Agarwal

         2. Designation: Grievance officer

         3. Contact Details: support@dairytrade.in

      2. The complaint submitted by the User shall be acknowledged by the Company within a period of 24 hours along with a complaint number and the Complaint shall be disposed of within a period of 15 days from the date of receipt.

   7. Grievance Redressal Mechanism under the Consumer Protection (E-Commerce Rules) 2020:

      1. Name: Rajat Agarwal

      2. Designation: Grievance officer

      3. Contact Details: support@dairytrade.in

      4. Any complaint submitted under the Consumer Protection (E-Commerce Rules), 2020 shall be acknowledged via email within a period of 24 hours and shall be disposed of within a period of one month from the date of receipt of the Complaint.

3. Limitation of Liability

   1. The User shall be responsible for evaluating the information and contents of this website. By merely using this Website, the User acknowledges that they will undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with the necessary service and maintenance of hardware/or software used in connection with the Website.

   2. The Company verifies the information of the Users to the extent of the documents provided by them. The User hereby acknowledges that the Company allows Sellers to list their products and Buyers to purchase the same, thereby connecting the buyers and sellers with each other without playing the role of a transacting party in the said transaction. The User agrees that they shall not hold the Company liable for any damage that arises from/associated with the services offered by the Website.

   3. The Company strongly recommends that the Users exercise their discretion and due diligence about all relevant aspects prior to availing products/services. Please note that the Company does not implicitly or explicitly endorse any product/s or services provided by the advertisers/service providers. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with the Company. This verification is solely based on the documents as supplied by the advertiser/s or as per the details required at the time of registration.

   4. The User acknowledges that the Company will only contact the User via the official email or the registered mobile number.

   5. The User hereby agrees that they shall not hold the Company liable for any unknown calls, SMS or emails requesting for the User’s Personal Data, OTP, Pin, etc or any other form of false impersonation of the company through any means.

   6. To the maximum extent permissible by law, the User acknowledges that they shall not hold the Company, its agents or partner, liable for any possible damage including direct or indirect, special, incidental or consequential damages, losses or expenses arising or resulting from the use of this Website, its services, contents or related to it.

4. Intellectual Property Rights

   1. The Company owns all Intellectual Property Rights to and into the Website including but not limited to all rights, titles, interests in copyrights, related rights, patents, texts, graphics, images, photographs, illustrations, trademarks, trade names, logos, service marks, designs, know-how, goodwill, layout, structure and organization of the content of the Website, the collection and organization of data, metadata and icons.

   2. The Company owns all rights, title, interest and license in and to the Website including the contents thereof. Any use of the contents of this Website which is explicitly permitted by the Terms of Use shall constitute a breach of the Terms of Use and may result in the violation of intellectual property laws.

   3. The Company reserves the right to disclose any information as may be required or necessary to satisfy any application law, rule, regulation, legal or judicial process and/or government request.

5. Indemnification

   1. The User hereby agrees to defend and indemnify the Company and its affiliates and any of its agents and partners from and against any and all claims, actions, demands, recoveries, losses, damages, fines, penalties or other costs and expenses of any kind or nature, also including legal and accounting fees arising from the actions undertaken by the User, which causes losses or damages to the Proprietorship.

6. Governing Law

   1. The Terms, including the Privacy Policy, shall be governed by the laws of India.

1. Jurisdiction

   1. The Parties hereby agree that all disputes arising from, or connected to or incidental to this Agreement shall be referred exclusively to the competent courts in Bengaluru, India.

1. Severability

   1. Any provision contained herein, if found to be invalid or unenforceable in part or in whole shall stand severable from the Agreement. Provisions apart from the one(s) found to be invalid or unenforceable in part or in whole shall continue to be in full force and effect.