Terms of Use

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms"), including the govern your access to, use of, and participation in the Platform made available by Tradexa Technologies Pvt. Ltd. ("Tradexa, "we”", "our," or "us") or through Tradexa, including Professional Services obtained from or provided to other users. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

MODIFICATIONS

Tradexa reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Tradexa will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Tradexa's Privacy Policy Tradexa's Privacy Policy, incorporated herein by reference, for information and notices concerning Tradexa's collection and use of your information. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

"Platform" means all Tradexa websites, mobile or other applications, software, processes and any other services provided by or through Tradexa. "Member" means a person who logs in to the platform or a person who submits or receives a request through Tradexa, including but not limited to Service Members and Customer Members. "Customer Member" means a Member who has an account on the consumer application on the platform. "Service Member" means a Member who has an account on the professional’s application on the platform. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Professional Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform. "Tradexa Content" means all Content Tradexa makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content."User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descriptions, postings, recommendations, endorsements and reviews. "Collective Content" means User Content and Tradexa Content together. "Professional Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.

ELIGIBILITY SERVICE MEMBER REPRESENTATIONS AND WARRANTIES

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Professional Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, able to deliver to specified locations and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the specific job they are performing and that any other obligations do not interfere with delivering the Professional Services to Members. Service Members understand and agree that using the Platform does not guarantee they will be listed or hired for work.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create an account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Tradexa password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Tradexa immediately of any unauthorized use. Tradexa is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Tradexa or others due to such unauthorized use.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Tradexa grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tradexa or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Tradexa a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Professional Services, or for any other purpose in our sole discretion, and are also willing to participate in Tradexa’s marketing activities and initiatives, except that private messaging through the Platform will not be used by Tradexa in public advertising. In the interest of clarity, the license granted to Tradexa shall survive termination of the Platform or your Account. With the exception of Feedback, Tradexa does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Tradexa the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Tradexa's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Tradexa may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms. Tradexa reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

PROHIBITIONS

PROHIBITIONS

As a user of the Platform, you agree to not:

Tradexa FEES AND TAXES

In connection with use of Tradexa's Platform, Tradexa charges certain Fees ("Tradexa Fees" or "Fees"). Tradexa may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Tradexa cannot charge a credit card, PayPal or other payment method for any reason, Tradexa reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Tradexa or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Tradexa may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on Tradexa are final and non-refundable.

DISPUTES BETWEEN OR AMONG USERS

Tradexa is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

INTELLECTUAL PROPERTY RIGHTS

Tradexa Content is protected by copyright, trademark, and other laws of India, foreign countries, and international conventions. Except as expressly provided in these Terms, Tradexa and its licensors exclusively own all right, title, and interest in and to the Platform and Tradexa Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Tradexa used herein are trademarks or registered trademarks of Tradexa. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Tradexa are the sole and exclusive property of Tradexa. You hereby irrevocably assign to Tradexa and agree to irrevocably assign to Tradexa all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Tradexa shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Tradexa, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

NO ENDORSEMENT

Tradexa does not endorse any Member, user or any Professional Services, and Tradexa is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Tradexa nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Tradexa may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Tradexa services they are using or any involvement by Tradexa personnel in providing or scheduling those services.

Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tradexa and is not verification of their identity and whether they or their Professional Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Tradexa is not responsible for any damage or harm resulting from your interactions with other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Tradexa. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Tradexa with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, Tradexa may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Tradexa, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Tradexa Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Tradexa support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, Collective Content or any reviews.

DISPUTE RESOLUTION PROCESS

This section is intended to address all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, dissatisfaction with any services provided by Tradexa, unsatisfactory experience with Tradexa, resolution of a certain problem you faced while using the platform, misuse of your information of any kind, or if your data has been corrupted in any way; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. By agreeing to these Terms, you agree to resolve any and all disputes with Tradexa as follows: Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Tradexa's support department at connect@tradexa.in. connect@tradexa.in. The parties agree to use their

best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Tradexa support department, and to give Tradexa a fair chance to address and resolve the dispute and good faith negotiations shall be a condition before either party initiating a lawsuit or arbitration.

Consumer Court: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate the matter with a small consumer court in Pune, India as the sole means to resolve claims.

In case the parties decide to approach consumer forums, you agree to the precondition that such forum should essentially be an unbiased platform which also provides Tradexa a fair chance to represent itself.

In case any of the parties proceed to defame or give negative publicity of any kind to Tradexa by publishing the dispute on media like newspapers, TV or the app store or on biased forums or by using any other means, without following the due dispute resolution process outlined above, Tradexa has the right to recover any liability incurred by Tradexa, seek preliminary and other injunctive relief against such violation, and recover any other damages from the responsible parties.

GOVERNING LAW

The Terms and the relationship between you and Tradexa shall be governed in all respects by the laws of India, without regard to its conflict of law provisions. By agreeing to these terms, you agree to co-operate with Tradexa in all aspects as per the laws of India including but not limited to the government putting any regulation in place, introducing any additional identity checks or processes to access the platform, disqualifying certain type of content or professions, changing any policies pertaining to fees or payments which need to be collected from you or introducing or modifying any other rule or regulation which affects the platform.The Terms and the relationship between you and Tradexa shall be governed in all respects by the laws of India, without regard to its conflict of law provisions. By agreeing to these terms, you agree to co-operate with Tradexa in all aspects as per the laws of India including but not limited to the government putting any regulation in place, introducing any additional identity checks or processes to access the platform, disqualifying certain type of content or professions, changing any policies pertaining to fees or payments which need to be collected from you or introducing or modifying any other rule or regulation which affects the platform. You agree that any claim or dispute you may have against Tradexa that is not subject to arbitration must be resolved by a court located in Pune, India, except as otherwise agreed by the parties.

DISCLAIMERS

BY USING THE PLATFORM YOU AGREE THAT Tradexa IS A GLOBAL DATA PLATFORM, SOCIAL PLATFORM, A NETWORK AND LISTING PLATFORM AND IT IS A MARKETING, ADVERTISING, PROMOTION, CONTENT COMPANY AND A TECHNOLOGY TOOL PROVIDER. YOU AGREE THAT Tradexa IS NOT A RENDER SERVICE PROVIDER LISTED BY USERS ON THE PLATFORM, WE DO NOT VALIDATE OR VERIFY OR VET ANY SERVICE PROVIDER. WE ARE NOT GUARANTORS FOR THE SERVICES THAT ARE RECEIVED OR PROVIDED. WE ARE NOT BROKERS AND WE DO NOT COLLECT FEES FOR RECEIVING OR PROVIDING SERVICES BY CONSUMER MEMBERS OR SERVICE MEMBERS. WE ARE NOT AGGREGATORS OR NON-FOR PROFIT OR A POLITICAL ESTABLISHMENT.

YOUR USE OF THE PLATFORM, PROFESSIONAL SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT Tradexa DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Tradexa AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PROFESSIONAL SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. Tradexa MAKES NO WARRANTY THAT THE PLATFORM OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OF ANY KIND OR THAT ALL FEATURES WILL ALWAYS BE ACCESSIBLE OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS IN ALL SERVICE LOCATIONS. Tradexa ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR FOR ANY DAMAGES IN RELATION TO A PERSONAL, PROFESSIONAL OR BUSINESS SITUATION ARISING OUT OF YOUR ACCESS OR USE OF THE PLATFORM. Tradexa SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR MISUSE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM, OR FOR ANY DAMAGE INCURRED AS A RESULT OF THE DATA AND SERVICES MANAGED BY Tradexa ALGORITHMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Tradexa OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Tradexa SHALL NOT BE LIABLE FOR ANY VIEWING OR ACCESSING OR USE OF IT’S CONTENT AND DATA WHICH IS PROHIBITED BY THE GOVERNING LAWS OF THE COUNTRY WHERE THE DATA WAS VIEWED/ACCESSED. MAKETHUNTR SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE OUT OF Tradexa ENTIRELY OR PARTIALLY SHUTTING DOWN BUSINESS IN YOUR REGION OR COUNTRY.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT Tradexa DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PROFESSIONAL SERVICES. Tradexa MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROFESSIONAL SERVICES. Tradexa EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES OR ANY TAILORED /GENERAL CONTENT PROVIDED BY ANY THIRD PARTY. Tradexa CAN IN ITS SOLE DISCRETION, REMOVE OR DISABLE ACCESS TO USER CONTENT THAT WE CONSIDER TO BE OBJECTIONABLE FOR ANY REASON, BUT EXPLICITLY DISCLAIMS ALL LIABILITY OF REVERSING THE FULL EFFECTS OF THE DATA ALREADY PUBLISHED AND CIRCULATED.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Tradexa OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER Tradexa NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Tradexa HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PROFESSIONAL SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE PLATFORM.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF Tradexa AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM,PROFESSIONAL SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO Tradexa BY YOU HEREUNDER, OR ONE HUNDRED INDIAN RUPEES IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Tradexa and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Professional Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Professional Services.

GENERAL

Force Majeure: Other than payment obligations, neither Tradexa nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contacting You: You agree that Tradexa may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. Tradexa or Service Members may also contact you by telephone or through text messages.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Tradexa on the Platform, shall constitute the entire agreement between you and Tradexa concerning the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Tradexa’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Professional Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Assignment and Resale: Tradexa in its sole discretion has the right to assign this agreement to an affiliate or a purchaser of all or substantially all of its assets to which this agreement relates or in connection with a merger, consolidation, change of control or similar transaction under which circumstances Tradexa has the right to rebrand or change including but not limited to the nature of business, the business name, the domain name, its offerings and any other criteria. Under the above mentioned circumstances, Tradexa also has the right to transfer all of its data including but not limited to the Member Data and Collective Content to said purchaser.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to connect@tradexa.in,
or by writing to Tradexa Technologies Pvt. Ltd, Office on FL 1B, 410/2, Green Terrace, Lane No 5, Koregaon Park, Pune , India.

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At Tradexa Technologies Private Limited

Last updated 2020-02-24.