Terms and Conditions

This document is a legally binding agreement (hereinafter referred to as “Agreement”) between you as the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and Idealers B2B Private Limited (referred to as “we”, “our”, “us” or “Clean Tech Mart” hereinafter).

This Agreement describe the terms and conditions applicable to your access and use of the website, mobile-optimized versions of the website, mobile applications and other portals owned, managed, operated or branded by Clean Tech Mart and made available through its website Cleantechmart.com and under the brand name Clean Tech Mart.

This Agreement relates to (a) Clean Tech Mart’s e-commerce platform including but not limited to the web and mobile-optimized versions of the website identified by the uniform resource locator Cleantechmart.com (hereinafter referred to as the “Site”) and the mobile applications of the Idealers B2B Private Limited’s commerce platform.

Please read this Agreement carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services.

1. Application and Acceptance of the Terms

1.1 Your access to and use of the Site and Clean-Tech Mart’s (the business / brand name Clean Tech Mart) services, software and products through the Site (such services, software and products collectively referred to as the “Services” hereinafter), is subject to the terms and conditions contained in this document as well as the Privacy Policy (defined in clause 3.3 below), the  and any other rules and policies of the Site that we may publish from time to time.  The Promotion Services referred to in the shall include Top Ranking and Sponsored Listing and any such other Services as may be announced by us from time to time.

1.2 This document and such other rules and policies of the Site are collectively referred to below as the “Terms”.  By accessing, registering, browsing or using the Site and Services in any manner will be construed as your acceptance and acknowledgement to the terms and conditions contained in this Terms of Use and will be binding thereof. By using the services, you declare to have carefully read and understood the Terms of Use. Please do not access, browse, register or use the Services or the Site in any manner if you do not agree with all the Terms.

1.3 You may not access or use the Services or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with Clean Tech Mart, or (b) you are not permitted to receive any Services under the laws of India or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Site.

1.4 We reserve the right to amend the Terms at any time by posting the relevant amended and restated Terms on the Site.  By continuing to access or use the Services or the Site, you agree that the amended and restated Terms are acknowledged.

1.5 If Clean Tech Mart has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Site.

1.6 You may be required to enter into separate agreement(s), whether online or offline, with us or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”).  If there occurs any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.

2. 2. Website as a platform

2.1 Cleantechmart.com is a business to business to customers (B2B2C) platform providing ecofriendly and clean technology products. The Site acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. Clean Tech Mart is not a party to any negotiations that take place between the User(s) (specifically the buyers and suppliers) of the Site and shall not be a party to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between and among the User(s) of the Site.

2.2 Clean Tech Mart does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Clean Tech Mart and any other party.

2.3 The product images and description have been taken from Internet with an intention to increase the awareness about cleantech products and services among the internet users. This is in line with our vision to reduce carbon footprint and move towards a cleaner environment and Net Zero by 2030 (an urgent action as per UNFCCC and our Govt). We affirm our impartial stance, devoid of any conflicts of interest, given that we do not engage in the direct sale of products or services. Our function is that of a data aggregator only. In the event of any concerns pertaining to the website or its content, we invite you to communicate with our team via email at support@cleantech-mart.com. We assure you that our team will respond promptly and diligently to address any matters brought to our attention.

3. Provision of Services

3.1 In order to use the services on the Site, you are required to register as a member and create an account as mentioned in clause 10. Further, Clean Tech Mart reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users , or subject to other conditions that Clean Tech Mart may impose in its discretion.

3.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Clean Tech Mart may in its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

4. User’s Eligibility and User in General

4.1 User(s) represent and warrant that they have the right to avail or use the services provided by Clean Tech Mart, including but limited to the Site. Clean Tech Mart’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding agreements.

4.2 As such, individuals below 18 years of age (hereinafter referred as “minor”) and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use Clean Tech Mart’s Services. Any minor wishing to transact and access the platform shall do so through their legal guardian and parents only. If any minor accesses or avails any of the services offered on the website without supervision of their legal guardian or parents, the company shall not be held liable in any capacity.

4.3 Non – Registered User include “Visitors” who visit the website without creating an account.

4.4 A Visitor has “limited rights” while using the website. Much information will be hidden from the Visitor in view to protect the website from any outside malware attacks. The term “Visitor” shall include an unregistered user.

5. 5. Vendor/ Sellers Rights and Obligations

As a vendor/seller, the seller agree to fulfil the following additional obligations outlined in this clause. Unless as otherwise provided in this clause, “you” or “your” shall only be referred to vendors/sellers

5.1 If you wish to sell the items on the platform, you shall become a vendor by choosing a subscription plan and completing the Registration process. Further you shall list the items by providing photo/description of the items you wish to offer and the price for which you wish to offer it. The pertinent information, images or videos used in the response must accurately reflect the quality and condition of your items. The vendors/sellers shall solely be responsible for the content displayed on the platform including the existence, availability, functionality, fitness for purpose, legality, quality, appearance and safety of the item offered.

5.2 The vendor/sellers shall specifically agree to:

1. Provide true, accurate, correct and complete information of the item offered;
2. Fully disclose any damage, limitation, or condition of the item and any specific requirements that should be communicated to the prospective Buyer.
3. Not list a prohibited item on the website.
4. Not make duplicate offers or attempt to sell the same item to more than one buyer at the same time.
5. Be solely responsible to obtain suitable insurance for the item that they wish to sell.
6. Quote the price at which they wish to offer the item.
7. Vendors have the right to delete their items at any time before the booking is made.
8. All bookings are deemed final and cannot be cancelled.
9. Acknowledge that by listing an item on the Platform, you are representing that the item is available for sale as described when the buyer makes a booking for your listed item.
10. Transfer all rights and title in the item to the buyer and hand-over the Item by selling an item to a buyer.

5.3 Rrepresentations and Warranties

1. As a vendor/seller, by listing an item on the platform, you represent and warrant that each listed item is owned by you, or you are otherwise authorised to sell such item to others through the platform.
2. By selling an item, you represent and warrant that the item is in good working condition and fit for the purpose for which it is being bought by the buyer as stated in the listing.
3. You also represent and warrant that your listed item does not infringe third party rights or violate any applicable laws.
4. Vendor/seller(s) agree that they will not use Clean Tech Mart’s content and/or Clean Tech Mart’s Services to send junk mail, chain letters or spamming.
5. Vendor/seller(s)further hereby represent, warrant and agree that any content, material or information submitted to Clean Tech Mart for display on the Site or transmitted or sought to be transmitted through Clean Tech Mart’s Services does not and shall at no point:
6. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
7. Be part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;

• Be intended to deceive or mislead the addressee about the origin of such messages or to communicate any information which is grossly offensive or menacing in nature;

1. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other third party rights;
2. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
3. Be defamatory, abusive, libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;

• Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

1. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
2. Solicit business from any User(s) in connection with a commercial activity that competes with Clean Tech Mart;
3. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

• Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
• Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for Clean Tech Mart or its affiliates
• Clean Tech Mart reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Site which in Clean Tech Mart’s reasonable belief is unlawful or could subject Clean Tech Mart to liability or in violation of the Agreement or is otherwise found inappropriate in Clean Tech Mart’s opinion. Clean Tech Mart reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

5.4 Privacy

Vendor may receive personal information about the Buyer when entering into the transaction. You are strictly prohibited from using the Buyers personal information for any purpose other than the performance of the transaction.

5.5 Tax Liability

1. As a Seller/Vendor, it is solely your responsibility to determine whether you are required to charge or remit any taxes to the relevant tax authority on any transaction agreements you enter into.
2. If you are required to charge any GST, you should include such GST in your Fees (as specified in your listing), and you must issue tax invoices to your buyers if required by the law.
3. You are solely responsible for fulfilling any reporting obligations that may arise under tax laws of India.

6. Buyers rights, obligations and acknowledgement

As a Buyer, the buyer agrees to fulfil all the additional obligations outlined in this clause. Unless as otherwise provided in this clause, “you” or “your” shall only be referred to Buyers

6.1 You acknowledge and agree that Clean Tech Mart is not a Party to any transaction between you and the seller.

• You acknowledge that Clean Tech Mart does not verify the condition or accuracy of any item description on the Platform. You are solely responsible for carefully reading the description before booking any item. It is solely your responsibility to inspect the Item for any defects or damage that were not disclosed by the Seller/vendor, as well as for ensuring the Item is in good working condition. The buyer shall note that failure to report any undisclosed faults, defects or damage within the prescribed time limit, shall be deemed to be your confirmation that the Item was in good condition when you received it.

7. 7. User’s Agreement

7.1 As a condition of your access to and use of the Site or Services, the user agrees to comply with all applicable laws and regulations when accessing or using the Site or Services.

7.2 User agrees that:

1. he will not copy, reproduce, download, re-publish, sell, distribute, or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
2. he will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Clean Tech Mart or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Clean Tech Martis prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3. 8. Intellectual Property Right

8.1 Except the vendors/sellers content, Clean Tech Mart is the sole owner and the lawful licensee of all the rights to the Site and its content (“Site Content”). Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Site. The Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Site and the Site Content shall remain the property of Clean Tech Mart, its affiliates or licensor’s of the Site content, as the case may be.

All rights, not otherwise claimed under this Agreement by the company, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site or any offer displayed on or in connection with any service offered on the Site (“Website Information”) is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. The company does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.

For any content and or link uploaded to the Website by the Seller/vendor from Youtube, the User agrees to abide and accepts, the terms of service of Youtube, available at https://www.youtube.com/t/terms.

8.2 Trademark

“Clean Tech Mart” and related icons and logos are registered trademarks or service marks of Clean Tech Mart in various jurisdictions and are protected under applicable trademark act. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

8.3 Copyright

All Site Content including Website Information is copyrighted to Clean Tech Mart excluding any third-party content and any links to any third-party website being made available or contained on the Site.

User(s) acknowledge and agree that Clean Tech Mart is not an arbitrator or judge of disputes concerning intellectual property rights and as such cannot verify that Vendor/seller(s) selling or supplying merchandise or providing services on the Site have the right to sell the merchandise or provide the services.  Clean Tech Mart encourages User(s) to assist Clean Tech Mart in identifying listings on the Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing,  Clean Tech Mart does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which  Clean Tech Mart declines to take down a listing,  Clean Tech Mart does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

 Clean Tech Mart respects the intellectual property rights of others, and we expect our User(s) to do the same.

 In addition, use of the  Clean Tech Mart’s Content for any purpose not expressly permitted in this Agreement is prohibited and entitles  Clean Tech Mart to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of  Clean Tech Mart’s Services, they will not use  Clean Tech Mart’s Services to infringe the intellectual property rights of any third parties in any way.  Clean Tech Mart reserves the right to terminate the right of any User(s) to access or use Clean Tech Mart’s Services for any infringement of the rights of third parties in conjunction with use of the Clean Tech Mart’s Service, or in the event  Clean Tech Mart is of the belief that User(s) conduct is prejudicial to the interests of  Clean Tech Mart, its affiliates, or other User(s), or for any other reason, at  Clean Tech Mart’s sole discretion, with or without cause.

8.4 URL’s/Sub-Domain

URL’s/ Sub-domain names assigned by  Clean Tech Mart to User(s) (including both paid and free User(s) are the exclusive property of  Clean Tech Mart and it cannot be assumed to be permanent in any case.  Clean Tech Mart reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL’s/Sub-domain names. IN ALL SUCH CASES, CLEAN TECH MART WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

 

9. 9. Prohibited Uses

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. Links to third party website
    Links to third party website are provided on the Site as a convenience to User(s). User(s) acknowledge and agree that Clean Tech Mart does not have any control over the content of such website and/ or any information, resources or materials provided therein.

    Clean Tech Mart may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the website offered by such third parties (“Third Party Website“). Clean Tech Mart advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Website prior to using or accessing such Third Party Website. Users acknowledge and agree that  Clean Tech Mart has no control over any content offered on Third Party Website, does not monitor such Third Party Website, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Website, or any content, products or services made available thereof.

11. 11. Registered Users
    1 To become a registered User(s)/ vendor of the Site a proper procedure has been made available on the Site which is for the convenience of User(s) so that they can easily use the website.

    11.2 User(s) can become registered User(s) by filling an on-line registration form on the Site by providing the required information (including name, contact information, details of User(s) business, etc.).

11.3  Clean Tech Mart will establish an account (“Account”) for the User(s) upon successful registration and will assign a user alias (“User ID”) and password (“Password”) for log-in access to the User(s)’s Account.  Clean Tech Mart may at its sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.

11.4 User(s) registering on the Site on behalf of business entities represent and warrant that:

1. They have the requisite authority to bind such business entity in this Agreement;

1. the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and

1. all other information provided to Clean Tech Mart during the registration process is true, accurate, correct and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.

10.5 User(s) agree that by registering on the Site, they consent to the inclusion of their personal data in  Clean Tech Mart’s on-line database and authorize Clean Tech Mart to share such information with other User(s). Clean Tech Mart may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. Clean Tech Mart may suspend or terminate a registered membership at any time without any prior notification in interest of Clean Tech Mart or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on Clean Tech Mart of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Site are in no manner a part of or affiliated to Clean Tech Mart.

10.6 User(s) further agree and consent to be contacted by Clean Tech Mart through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Clean Tech Mart even if contact number(s) provided to Clean Tech Mart upon registration are on Do Not Call Registry.

11. Termination

11.1 Most content and some of the features on the Site are made available to User(s) free of charge. However, Clean Tech Mart reserves the right to terminate access to certain areas or features of the Site (to paying or registered User(s) at any time without assigning any reason and with or without notice to such User(s). Clean Tech Mart also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of Clean Tech Mart and/ or other User(s) of the Site. Clean Tech Mart further reserves the right to limit, deny or create different access to the Site and its features with respect to different User(s), or to change any or all of the features of the Site or introduce new features without any prior notice to User(s).

11.2 Clean Tech Mart reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:

1. If any false information in connection with their account registered with Clean Tech Mart is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.

1. If such User(s) breaches any provisions of the Agreement.

1. If such User(s) utilizes the Site to send spam messages or repeatedly publish the same product information.

1. If such User(s) posts any material that is not related to trade or business cooperation.

1. If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.

1. If such User(s) is involved in unauthorized access, use, modification, or control of the Site database, network or related services.

1. If such User(s) obtains by any means another registered User(s) Username and/or Password.

1. Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.

11.3 If Clean Tech Mart terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of Clean Tech Mart , such person will not have the right to re-enroll or join the Site under a new account or name unless invited to do so in writing by Clean Tech Mart . In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall Clean Tech Mart be liable to any User(s) or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

12. 12. Data Protection

Personal information supplied by User(s) during the use of the Site is governed by Clean Tech Mart’s privacy policy (“Privacy Policy“).

 

13. 13. Posting Your Content on Website

Some content displayed on the Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Site using the self-help submit and edit tools made at the respective sections of the Site. User(s) may need to register and/or pay for using or availing some of these services.

13.1 User(s) understand and agree that Clean Tech Mart in such case is not the author of the content and that neither Clean Tech Mart nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Site. User(s) further understand and agree Clean Tech Mart is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. Clean Tech Mart shall not be liable for a User(s) activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User’s conduct.

User(s) hereby grant Clean Tech Mart an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site (hereafter referred to as “Third Party Rights”).

13.2 User(s) agree that they will not use Clean Tech Mart Content and/or Clean Tech Mart’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Site agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree that any content, material or information submitted to Clean Tech Mart for display on the Site or transmitted or sought to be transmitted through Clean Tech Mart’s Services does not and shall at no point:

13.2 In connection with any of the foregoing, Clean Tech Mart reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by Clean Tech Mart at its sole discretion. User(s) agree that Clean Tech Mart shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Clean Tech Mart takes any of the actions mentioned in this provision.

13.3 User(s) understand and agree that the Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Site. Clean Tech Mart does not have any role in developing the content displayed on the Site. Clean Tech Mart has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.

 

14. 14. Interactions between Users

14.1 Clean Tech Mart provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. Clean Tech Mart does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. Clean Tech Mart does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Site. Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). Clean Tech Mart however, cannot and does not confirm each User(s)’s purported identity on the Site. Clean Tech Mart encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.

14.2 User(s) agree to fully assume the risks of any transactions (“Transaction Risks“) conducted on the basis of any content, information or any other material provided on the Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

• Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

• Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.

• Such risks further include the risks that are the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Site may suffer harms and/or assert claims arising from their use of such products.

14.3 User(s) agree that Clean Tech Mart shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

14.4 Clean Tech Mart shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

• The use or the inability to use the Site;

• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Site;

• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

• Unauthorized access by third parties to data or private information of any User(s);

• Statements or conduct of any User(s) of the Site; or

Any matters relating to Premium Services however arising, including negligence.

15. Indemnity

In the event of a dispute with any party to a transaction, User(s) agrees to defend, release and indemnify Clean Tech Mart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

Clean Tech Mart reserves the right to add/modify/discontinue any of the features offered on Clean Tech Mart’s Services.

16. 16. Limitation of Liability/Disclaimer

16.1 The features and services on the Site are provided on an “as is” and “as available” basis, and Clean Tech Mart hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Clean Tech Mart makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site. Clean Tech Mart does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any Third Party Rights; and Clean Tech Mart makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site. Any material downloaded or otherwise obtained through the Site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Site or through or from the Site shall create or be deemed to create any warranty not expressly stated herein.

17. Force Majeure

Under no circumstances shall Clean Tech Mart be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

. User(s) hereby further agree that Clean Tech Mart is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Clean Tech Mart reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Clean Tech Mart in asserting any available defences.

8. 8. Notices

 

18.1 All notices or demands to or upon Clean Tech Mart shall be effective if in writing and shall be deemed to be duly made when sent to IDEALERS B2B PRIVATE LIMITED, Plot-A/34/30, Sector-12, Raigarh, Kharghar, Maharashtra, India, 410210.

18.2 All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Site, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.

18.3 Notice to a User(s) shall be deemed to be received by such User(s) if and when Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Site’s posting such notice on an area of the Site that is publicly accessible without charge.

18.4 The official E-mail address of Clean Tech Mart is support@cleantech-mart.com.

19.

20. 20. Miscellaneous

 

• Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

• Clean Tech Mart’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a Clean Tech Mart ‘s waiver of the right to act with respect with subsequent or similar breaches.

• Clean Tech Mart shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating Clean Tech Mart’s Services to any person or entity.

• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.

• All calls to Clean Tech Mart are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Clean Tech Mart may be monitored and recorded.

• The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Clean Tech Mart with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

21. 21. Changes To Terms and Conditions

You can review the most current version of this Agreement at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of Agreement by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

22. Pharmaceutical Product/Service Policies

21.1 The Site does not facilitate the purchase of pharmaceutical products, and only advertises and/or showcases the pharmaceutical products posted by Users(s). User(s) involved in the purchase and supply of pharmaceutical products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 (“Drug Rules“), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drug and Magic Remedies Act“).21.2 Clean Tech Mart shall not be responsible for any information, or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Site. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to Clean Tech Mart in any manner whatsoever.

Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescription medicines and/or drugs mentioned in any of the Schedules of the Drug Rules without a prescription issued by a registered medical practitioner and in accordance with the conditions laid down in such rules. In the event of breach of such condition, Clean Tech Mart shall not be liable and responsible in any manner whatsoever.

Users(s) undertake and agree to indemnify and hold harmless Clean Tech Mart and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which Clean Tech Mart may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.

Clean Tech Mart does not offer any guarantees or warranties on the medicinal products or services displayed or listed on the Site and is not liable for any relevant transaction between the User(s), including transactions involving sale of any medicine(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.