TERMS OF SERVICE
Alloftextiles Online ("AOT") provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by "AOT" from time to time without notice to you. You should review the TOS periodically. In addition, when using particular "AOT" services, you shall be subject to any guidelines and rules applicable to such services which may be posted by "AOT" from time to time. All such guidelines and rules are hereby incorporated by reference into the TOS. "AOT" may also offer services from time to time that are governed by other terms of service.
Only members may buy or sell on "AOT", visitors may use the service for informational purposes and are subject to all of the rules set forth in these terms. By clicking the "accept terms" button below or using the service, you are indicating your agreement to be bound by all of the terms and conditions of the terms. If you do not accept all of these terms, do not click on the "accept terms" button and do not access the service.
MODIFICATIONS TO TERMS.
"AOT" may change the Terms from time to time. Upon any change in the Agreement, "AOT" will post the amended Terms on this site. The amended terms shall automatically become effective immediately after they are posted on this site. Member's continued use of the Service for more than 24 hours constitutes Member's affirmative to:
| (a) acknowledgement of the Terms and its modifications and |
| (b) agreement to abide and be bound by the terms, as amended. |
DESCRIPTION OF SERVICE
www.alloftextiles.com is a vertical website:
1) to provide E COMMERCE i.e. on-line trading in all of textiles and its related products, covering but not limiting to Natural and synthetic Fibers, Yarns, Fabrics Garments, Made ups, Brands, Textile Machineries, Accessories, including its goods and services.(Products)
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2) to provide informational services related to Industry news, Stock prices, Exchange rates, Job opportunities, Fashion forecasts, Events & Government Policies and other information as added from time to time in site.
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| 3) to provide on line shopping centers and links to consumers. |
"AOT" currently provides users with access to a rich collection of on-line resources, including, shopping services, corporate content, information, and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new "AOT" properties, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS IS" and that "AOT" assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user transaction details or communications.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that "AOT" has created certain areas wherein authorized persons only can conduct business transactions.
MODIFICATIONS TO SERVICE
"AOT" reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to Member, and is not obligated to support or update the Service. Member acknowledges and agrees that "AOT" shall not be liable to Member or any third party in the event that "AOT" exercises its right to modify or discontinue the Service.
ELIGIBILITY FOR MEMBERSHIP.
"AOT" is available to corporations and other business entities (The Company)directly involved in the buying or selling of Natural and synthetic Fibers, Yarns, Fabrics Garments, Made ups, Brands, Textile Machineries, Accessories, including its goods and services,(designated user) who complete the registration form and can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use "AOT". The Company and each designated User shall each be considered a Member under these Terms. A Designated User shall be deemed to be acting on behalf of the Company at all times. In the event that a Designated User no longer is an authorized representative of the Company (whether due to termination of employment or otherwise), the Company shall notify "AOT" immediately and in writing, of the removal of such User as the Designated User and the appointment of a new Designated User for the Company. Upon issuance of a reply notice by "AOT" acknowledging the change in "AOT"'s authorization records, such former Designated User shall no longer be deemed to be a Member. "AOT" may refuse to offer its Service to any one and may change its criteria for Membership, at any time, in its sole discretion.
"AOT" is also available to consumers for purchasing material from the retail counter without becoming a member of the site. However, the consumer will be bound to all the terms and conditions of the site which may be described at any place in the site.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or "AOT" has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. "AOT" retains the right to terminate the Member's account and the Member's rights to use the Service without refund of the fees paid. It also reserves the right to refuse any applicant or Member who registers with false or intentionally misleading information. Members commercial security and privacy is a major concern for "AOT".
PRIVACY POLICY.
"AOT" dose not allow Members to post anonymously, the postings are visible to only other members and serious buyers and or sellers. "AOT" makes every attempt to preserve the confidentiality of the parties, unless "AOT" is required to do so by law or in the good faith belief that such action is necessary to:
Complete the transaction for the sale or purchase of Products by the Member through "AOT", once a deal has been closed, forming the basis for an agreement between a Buyer and a Seller. Member also authorizes "AOT" to make inquiries and receive information about Member's credit history from third party credit reporting agencies and other Members in order to ensure payment of the fees to "AOT" referenced in Sections below, and to approve a Member's credit in accordance with Section below:
conform with applicable laws or comply with legal process served on "AOT"; protect and defend the rights or property of "AOT" or enforce these Terms
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify "AOT" of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. "AOT" cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Unauthorized access to the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of the Terms and is a violation of law.
FEES
Only LIMITED SERVICES are available to all Registered Members. All other services are chargeable. Members registering for first time can use site free of cost for 7 days from date of registration, thereafter he has to pay charges as set herein:
| 1. WELCOME MEMBERSHIP:
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Yearly Membership fees of USD 250/- or INR 10000/- *
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2. SILVER CARD MEMBERSHIP:
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· Membership period of TWO years. *
· Two WebPages for the company products and the facilities.
· Access to BUY - SELL section and all Offers and Inquiries which will be negotiated through the Administrator.
· 2-page bar advertisement for 6 months.
Membership Fees for USD 500/- or INR 20000/-
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3. GOLD CARD MEMBERSHIP:*
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· Membership period of FIVE years.
· Five WebPages for the company products and the facilities.
· Direct negotiation of Offers and Inquries
· 2-page bar advertisement for a year.
· Membership Fees for USD 1000/- or INR 40000/-
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4. Free listing in the exclusive registered members directory with one page web site to display the company profile.
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5. Free listing in our comprehensive textile directory which would list the textile fraternity from all over the world.
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| 6. Transaction fees (in some cases) as negotiated between the site and member. |
* For list of services available under each type click here
"AOT" IS A FORUM.
"AOT" provides a forum for matching Buyers and Sellers of the Products and related services. "AOT" serves to assist in the consummation of transactions between Buyers and Sellers of Product and Services.
"AOT"'s limited role, it has no control over the quality, compatibility, safety or legality of the Products advertised, the truthfulness, accuracy or completeness of any posting (including any posting for sale of any Product(s) and any career web site posting or the character or background of any Member (including without limitation, any Member making a job application), or the terms and conditions of any transaction between the parties. Because "AOT" does not review the substance of the postings on the site, Member must be careful in dealing with other Members to avoid fraud and to recognize the possibility that other Members' information may, despite the prohibitions set forth in these Terms, be harmful, inaccurate or deceptive.
Member agrees, in connection with any use of the Service:
to release "AOT" (and its officers, directors, employees and agents) from any and all claims, demands and damages, of any type and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such Member (including any disputes with other Members using the Service, disputes relating to the qualifications or requirements of job applicants or postings on the web page, and disputes arising from representations or omissions by any Member); and settle disputes, if any, with other Member directly.
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TRANSACTION PROCEDURE.
A Transaction begins when either:
(i) a Seller lists Product(s) for sale in the E-commerce zone (an offer) or
(ii) a Buyer enters a request for Product(s) in the E-commerce Zone(an enquiry)
"AOT" then assigns a Posting ID for such an offer or an enquiry. Any information regarding the Products(s) offered or requested, the terms of such offer, or other information contained in the Trading Zone Posting or Purchase Request is determined solely by the party placing such posting.
Member should carefully review the terms and conditions contained in the E-commerce zone posting or purchase request (including terms indicating when payment is due and whether there is a warranty for such products) to determine whether such terms meet member's needs. Member's only recourse is against the other party to the transaction.
Payment, Shipping & Taxes. Once an agreement is reached between Buyer and Seller for the Products, Seller and Buyer shall be responsible for setting the terms of payment, shipment, Product warranty (if any), and other terms governing the sale and purchase of Products under this Service. The Seller or Buyer (as agreed upon by the parties to a Transaction) is responsible for collecting and paying all applicable taxes incurred in respect of Products sold or purchased on "AOT" and all Members specifically acknowledge that "AOT" shall not be responsible for collecting or remitting any taxes except upon its own income. "AOT" shall not be responsible for any breach by either party of the terms of any Transaction or associated transaction-related activities.
Transaction Terms. If the agreement reached by the parties does not otherwise specify, then
(1) if the Buyer and Seller are both organized in a country, the Transaction shall be governed by the laws of that country including without limitation, the Uniform Commercial Code, as adopted in that country; and
(2) if either party is not organized in the same country, the Transaction shall be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The disclaimers of warranties and exclusions of damages set forth in these terms apply only to "AOT" and not to sellers and buyers, as between them concerning any transaction or otherwise.
NO PAYMENT GUARANTY.
"AOT" does not guarantee performance or payment in any Transaction
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India and the country in which you reside (if different from the aforementioned).
PROPRIETARY RIGHTS
Member acknowledges that content, including but not limited to text, software, photographs, video, graphics or other material contained on this Web site or in sponsor advertisements or commercially produced information presented to Member on the Service ("Content") by "AOT", "AOT"'s Advertisers, or "AOT"'s Sellers, is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Member is only permitted to use this Content as expressly authorized by "AOT", the Advertiser or the Seller, as applicable. This Agreement does not transfer any right, title, or interest in the Service or the Content to Member, and Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by "AOT", the Advertiser, or the Seller, as applicable
MEMBER CONDUCT
It is being understood that the Designated User (member) acts on behalf of the Company in all actions and submissions on this Service.
Member acknowledges that all the "content" whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that member, and not "AOT" are entirely
responsible for all Content that the member uploads, posts, emails or otherwise
transmits via the Service. "AOT" does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. The member acknowledges that by using the Service, they may be
exposed to normal business gains and losses. Under no circumstances will "AOT"
be liable in any way for any loss or damage of any kind incurred as a result of
the use of any Content, and/or transaction posted, emailed or otherwise
transmitted via the Service.
No Illegal or Deceptive Acts. Member agrees:
1. to abide by all applicable local, state, national, and international laws and regulations in Member's use of the Service;
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2. not to impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity, including whether Member represents a Company or is its Designated User;
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3. to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from India through the Service;
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4. not to use the Service for illegal purposes;
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5. to comply with all regulations, policies and procedures of networks connected to the Service; and
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| 6. not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other Members of the Service. |
Libelous or Scandalous Materials. Member agrees:
1. not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature;
2. not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
3. not to interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services, or engage in surveys, contests, chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail; and
4. that "AOT" neither endorses the content of any Member communications, postings or data nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this Web site.
System Integrity. Member agrees:
1. not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
2. not to interfere or disrupt networks connected to the Service;
3. not to use any device, software or routine or attempt to interfere with the proper functioning of the "AOT" site or any transactions being offered at this Web site;
4. not to take any action that imposes an unreasonable or disproportionately large load on "AOT"'s infrastructure; and
5. not to disclose Member's Password to third parties or use Member's Password for any unauthorized purpose.
Copyright Infringement: In the event that Member posts or makes accessible communications or other materials that infringe the copyrights of a third party, "AOT" shall terminate Member's access to the Service in accordance with "AOT"'s copyright infringement policy pursuant to the Digital Millenium Copyright Act. "AOT" maintains a special e-mail address for notifications of claimed infringement concerning materials. All correspondence should be addressed to "AOT"'s "Designated Agent to Receive Notification of Claimed Infringement" at Members may contact "AOT" with complaints regarding allegedly infringing posted material and "AOT" will investigate those complaints. If the posted material is believed in good faith by "AOT" to violate any applicable law, "AOT" will remove or disable access to any such material and "AOT" will notify the posting Member that the material has been blocked or removed in accordance with its copyright infringement policy. "AOT" may, at its sole discretion, immediately terminate Member's access to the Service should Member's conduct fail to conform with any provision of this Section
You acknowledge that "AOT" does not pre-screen Content, but that "AOT" and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, "AOT" and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by "AOT" or submitted to "AOT" including without limitation information in "AOT" Message Boards, "AOT" Clubs, and in all other parts of the Service.
You acknowledge and agree that "AOT" may preserve Content and may also disclose Content:
(a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of "AOT" or its affiliated companies, and/or
(c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
(d) comply with legal process;
(e) enforce the TOS;
(f) respond to claims that any Content violates the rights of third-parties; or
(g) protect the rights, property, or personal safety of "AOT" its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. "AOT" reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND MERCHANTS Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) "AOT" shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, "AOT" Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
LINKS to other URLs. The Service may provide links to other Web sites or resources. Member acknowledges and agrees that "AOT" is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Member agrees that "AOT" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
NO RESALE OF THE SERVICE.
Member's right to use the Service is limited solely to the Company and its Designated User. Member agrees not to reproduce, duplicate, copy, sell or resell the Service, without the express consent of "AOT".
TRADEMARK INFORMATION
""AOT"", the "AOT" logo, and caption "Fibre to Fashion" are registered trade marks owned by the site and member agrees not to display or use in any manner and do not have any rights to use these trade marks for any commercial purpose or business gains without express written consent of owners.
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that "AOT" may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that a or other uploaded Content will be retained by the Service, the maximum number of postings that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on "AOT"'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that "AOT" has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that "AOT" reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that "AOT" reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. "AOT" reserves the right to establish a limit on the amount of memory or other computer storage a Member may utilize through the Service and "AOT" assumes no responsibility for the deletion of, or failure of the Service to store, Member's transmissions, data or posting.
INDEMNIFICATION.
Member agrees to indemnify, defend and hold harmless "AOT", its parents, subsidiaries, affiliates, directors, officers, shareholders and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, Member's violation of the Terms, or the infringement by Member, or any other person using Member's User ID, or Password, of any right of any person or entity.
DISCLAIMERS
You expressly acknowledge and agree that:
A. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, "AOT" expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
B. "AOT" makes no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from "AOT" or through or from the service shall create any warranty or other obligation not expressly
LIMITATION OF LIABILITY As a condition of Membership, and in consideration of the services provided by "AOT", Member agrees that neither "AOT", nor any officer, affiliate, director, shareholder, agent or employee of "AOT" will be liable to Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with any of the following:
· Reliance. The use of the "AOT" by the Member, including but not limited to damages resulting from or arising from Member's reliance on "AOT", or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the "AOT".
· Termination. The termination of Member's account by "AOT" pursuant to the terms of Agreement.
· Disclosure. Disclosure of Member's identity prior to a Transaction.
· Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of "AOT" by Member or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
· Products. The failure, or alleged failure, of any Product purchased or transferred pursuant to "AOT" to conform to any specifications or terms, whether published on "AOT" or not.
· Quality:For any direct or indirect loss suffered by any member , for any reason, for receiving substandard or defective materials.
· Non Delivery: For any direct or indirect loss suffered by any member , for any reason, due to non delivery of goods.
· Payments: For any direct or indirect loss suffered by any member , for any reason,for non payment of products,services,and/or failure of banking commitments.
· Breach. The failure of any Seller to deliver Products, the failure of any Buyer to pay (including any payment by a Credit Approved Member), any delay in shipment or payment, any breach, or alleged breach, of any warranty, covenant or other term, express or implied, relating to any Transaction.
· Force Majeure. Any delay or failure of "AOT" to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond "AOT"'s control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of "AOT" and its affiliates, subcontractors, employees, and agents which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
"AOT" shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any products or services purchased or obtained or transactions entered into through the service or resulting from unauthorized access to, deletion or alteration of member's transmissions or data or failure of the service to store member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if "AOT" has been advised of the possibility of such damages.
"AOT"'s liability to member or any third parties in any circumstances is limited to the amount of fees or commissions collected by "AOT" from member in respect of the transaction(s) to which the dispute pertains.
TERMINATION & EFFECT. You agree that "AOT" in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if "AOT" believes that you have violated or acted inconsistently with the letter or spirit of the TOS. "AOT" may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that "AOT" may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that "AOT" shall not be liable to you or any third-party for any termination of your access to the Service. A. Termination. Either Member or "AOT" may terminate access to the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written or electronic notice to the other party. "AOT" shall not be liable to Member or any third party for termination of the Service. Should Member object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately:
(a) terminate use of the Service; and
(b) notify "AOT" of termination. Upon termination of the Service, Member's right to use the Service immediately ceases and Member acknowledges and agrees that "AOT" may immediately delete the files in Member's account, bar any further access to such files or the Service; provided that, in the event that "AOT" modifies this Agreement as set out in earlier Sections and Member does not accept such modified terms, Member shall have a period of 7 days to remove Member's files and data from Member's account before the Service terminates and Member's access to the Service ceases. B. Member Obligations Upon Termination. Member agrees that upon termination of this agreement Member will:
(1) pay any and all outstanding fees and payments due to "AOT" in full within thirty (30) days after termination;
(2) perform its obligations under all outstanding sales or purchases;
(3) perform its obligations under all outstanding Binding Bids with third parties until and unless such Binding Bid is cancelled by the Member or more than 14 days has elapsed since the date that such Binding Bid was originally posted through the Service; and
(4) not disclose any information that "AOT" has designated as confidential.
NOTICES.
All notices to a party shall be in writing and shall be made via e-mail to for notices to "AOT", or to the e-mail address that Member provides to "AOT" as part of Registration Data for notices to Member, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices may be sent by regular mail, postage prepaid to "AOT"'s address provided below or to the e-mail address that Member provided during the registration process. "AOT" may also broadcast notices or messages on this Web Site, or other matters of importance; such broadcasts shall constitute notice to Member.
ARBITRATION.
Any dispute between Member and "AOT" arising out of this Agreement or Member's use of the Service shall be submitted to binding arbitration in accordance with the then prevailing Commercial Arbitration Rules of the Indian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration shall take place before a panel of three arbitrators, one of whom shall be selected by Member, one of whom shall be selected by "AOT", and the third of whom shall be selected by the other two arbitrators. Judgment upon any award made in such an arbitration may be entered and enforced in Jurisdiction of Calcutta(India) high court only. The arbitrators shall apply the Indian law. The arbitrators shall have the authority to award actual money damages, specific performance, and temporary injunctive relief, but the arbitrators shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to such damages. The costs and expenses of the arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties; provided that if the arbitrators determine that one party prevailed in the proceeding, then the other party shall bear the entire cost and expense of the arbitration.
COPYRIGHTS
"AOT" respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please provide "AOT" with the following information via post or e-mail at
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
VIOLATIONS
Please report any violations of the TOS to "AOT" via post or e-mail at webmaster@alloftextiles.com
GENERAL
In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. "AOT" and Member agrees to allow a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. "AOT"'s failure to act with respect to a breach by Member or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of India, the laws, rules and regulations of India shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Members hereby consent to personal jurisdiction by the state and federal courts located in Calcutta, West Bengal, India. This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
SELECTED DEFINITIONS
Offer: An offer is posted by a Seller on "AOT". An Offer is valid subject to re-confirmation. Buyer: Member who seeks to purchase Product on "AOT". User ID: A unique alphanumeric string that identifies individual users within a particular Member organization. Posting Id: The identification number "AOT" assigns to each Product lot being listed for request by a Buyer or posted for sale by a Seller. Member: A registered user of "AOT" who has been given a unique User ID and Password for "AOT" regardless of having paid the membership fees. Membership: Privileges provided to Members allowing the buying and/or selling of Product on "AOT". Negotiation: A process whereby two or more Members attempt to arrive at final terms for the purchase and sale of Product on "AOT" through a series of offers and counter-offers. Posting: It is an offer/enquiry posted on the E-commerce Zone. Password: A unique alphanumeric string that, in conjunction with the User ID, identifies the Member. Product: All textile products falling in the range of Fibre to Fashion including all kinds of fibre, yarn, fabric, garments, machinery, accessories, madeups, and fashion items. Enquiry: A posting in the E-commerce zone by a buyer. Seller: Member who seeks to sell Product on the E-commerce Zone. Transaction: When a Buyer and Seller agree on the price of a given Product lot posted on the E-Commerce Zone.
ACKNOWLEDGMENT
Member acknowledges that:
(a) Member has read and understood this Agreement; and
(b) that this Agreement has the same force and effect as a signed agreement.
Alloftextiles Online Limited
| www.alloftextiles.com |
| 511, Commerce House |
| 2, Ganesh Chandra Avenue |
| Calcutta-700 013 |
| Phone: +91 33 22132474 |
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Email : webmaster@alloftextiles.com |
I am an authorized agent of this company. I have read the above Membership Agreement and agree to the terms and conditions for using Alloftextiles.
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