.Terms and Conditions

Tirupurexpress Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of  Tirupurexpress.com ("Web Site"), which promotes business between suppliers and buyers globally. It is an agreement between You as the user of the Web Site/TIRUPUREXPRESS Services and Tirupurexpress Ltd. ("TIRUPUREXPRESS"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or TIRUPUREXPRESS Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the Web Site in any manner.

1. Web site-Merely a Venue/Platform
2. Services Provided by TIRUPUREXPRESS
3. User(s) Eligibility
4. User(s) Agreement
5. Amendment to the Agreement
6. InTirupurexpress lectual Property Rights
7. Links to Third Party Sites/Content
8. Termination
9. Registered User(s)
10. Data Protection/Personal Information
11. Posting your Contents on TIRUPUREXPRESS
12. Interactions between User(s)
13. Limitations of Liability/Disclaimer
14. Notices
15. Governing Law and Disputes Resolutions
16. General/Miscellaneous
17. Big Buyer terms of use
18. Pharmaceutical Product/Service Policies

I. WEBSITE- MERELY A VENUE/PLATFORM
The Web 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. TIRUPUREXPRESS or Tirupurexpress.com are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.

TIRUPUREXPRESS 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 saleon the Web 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 TIRUPUREXPRESS and any other party.

II. USER(S) ELIGIBILITY

User(s) represent and warrant that they have the right to avail or use the services provided by TIRUPUREXPRESS, including but limited to the Web Site or any other services provided by TIRUPUREXPRESS in relation to the use of the Web Site ("TIRUPUREXPRESS’s Services"). TIRUPUREXPRESS’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use TIRUPUREXPRESS’s Services.

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time.TIRUPUREXPRESS or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over TIRUPUREXPRESS’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. TIRUPUREXPRESS at it’s sole discretion reserves the right to refuse TIRUPUREXPRESS’s Services to anyone at any time. TIRUPUREXPRESS’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefiniTirupurexpressy suspended by TIRUPUREXPRESS.

III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site or uses TIRUPUREXPRESS Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site and/or TIRUPUREXPRESS Services solely for their commercial/business purposes.

This Agreement applies to all services offered on the Web Site and by TIRUPUREXPRESS, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. This Agreement shall govern the User’s usage of TIRUPUREXPRESS Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between TIRUPUREXPRESS and the User.

IV. AMENDMENT TO USER(S) AGREEMENT
TIRUPUREXPRESS reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediate Tirupurexpress upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

V. IN TIRUPUR EXPRESS LECTUAL PROPERTY RIGHTS
TIRUPUREXPRESS is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other inTirupurexpress lectual property rights protected under worldwide copyright and other applicable laws pertaining to inTirupurexpress lectual property. All title, ownership and inTirupurexpress lectual property rights in the Web Site and the Web Site Content shall remain in TIRUPUREXPRESS, its affiliates or licensor’s of the Web Site content, as the case may be.

All rights, not otherwise claimed under this Agreement by TIRUPUREXPRESS, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web 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. TIRUPUREXPRESS 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 User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall TIRUPUREXPRESS be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to TIRUPUREXPRESS’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. TIRUPUREXPRESS respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. TIRUPUREXPRESS reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.

·      Copyright
All Web Site Content including Website Information is copyrighted to TIRUPUREXPRESS excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

User(s) acknowledge and agree that TIRUPUREXPRESS is not an arbiter or judge of disputes concerning in Tirupurexpress lectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). TIRUPUREXPRESS encourages User(s) to assist TIRUPUREXPRESS in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, TIRUPUREXPRESS does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which TIRUPUREXPRESS declines to take down a listing, TIRUPUREXPRESS 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.

TIRUPUREXPRESS respects the in Tirupurexpress lectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Web Site Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Web Site ("TIRUPUREXPRESS Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with TIRUPUREXPRESS, or otherwise commercially exploiting the TIRUPUREXPRESS Content unless otherwise agreed between the parties. Systematic retrieval of TIRUPUREXPRESS Content 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 TIRUPUREXPRESS is prohibited.

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

VI. INTERACTION BETWEEN USERS

TIRUPUREXPRESS provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. TIRUPUREXPRESS does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. TIRUPUREXPRESS 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 Web 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 pretences on the Web Site. Web Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). TIRUPUREXPRESS however, cannot and does not confirm each User(s)’s purported identity on the Web Site. TIRUPUREXPRESS 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.

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 Web 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 Web 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 r 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 Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.

VII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and " as available " basis, and TIRUPUREXPRESS 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. TIRUPUREXPRESS makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of tenders on the Web Site which in no manner is endorsed by TIRUPUREXPRESS. TIRUPUREXPRESS has no association of whatsoever nature with the publisher and/or the published contents. Moreover, TIRUPUREXPRESS does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. TIRUPUREXPRESS 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 Web Site does not violate any Third Party Rights; and TIRUPUREXPRESS makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web 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 Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.

VIII. NOTICES
All notices or demands to or upon TIRUPUREXPRESS shall be effective if in writing and shall be deemed to be duly made when sent to TIRUPUREXPRESS to Tirupurexpress Limited.A6, KVB Bank Upstairs,PN Road, Tirupur 641 602, Tamilnadu, India.
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 Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediaTirupurexpressy upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.

IX. GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. TIRUPUREXPRESS considers itself and intends itself to be subject to the jurisdiction of the Courts of Tirupur, Tamilnadu, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Tirupur, Tamilnadu, India.

X. 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.

·       TIRUPUREXPRESS’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 TIRUPUREXPRESS’s waiver of that right or TIRUPUREXPRESS's waiver of the right to act with respect with subsequent or similar breaches.

·        TIRUPUREXPRESS shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating TIRUPUREXPRESS’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 Tirupurexpress are compleTirupurexpressy confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Tirupurexpress may be monitored and recorded.

XI. BIG BUYER ("BB") TERMS OF USE

·         Under BB banner, TIRUPUREXPRESS shall develop a microsite for the User(s) company ("BB Company") on the Web Site. TIRUPUREXPRESS shall display all the leads of the BB Company on the microsite, to enable the BB Company to find out suppliers in a short period of time.BB Company hereby grants TIRUPUREXPRESS the right to use its inTirupurexpresslectual property on the microsite and Web Site in relation to the requirements posted by the BB Company on Web Site. It is clarified that all inTirupurexpresslectual property rights in the logos, brands and trademarks of the BB Company used in relation to the above shall vest in the BB Company only.

·         BB Company shall ensure that the contents provided to TIRUPUREXPRESS shall not contain any material which is offensive, derogator, explicit or perverse to any specific race, gender or class of persons or degrading to public conscience or morals and does not breach any applicable law.

·         TIRUPUREXPRESS makes no representations or warranties to BB Company with respect to services provided by TIRUPUREXPRESS under BB banner.

·         TIRUPUREXPRESS hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by TIRUPUREXPRESS under the BB banner.

·         In no event shall TIRUPUREXPRESS be liable to BB Company for any special, exemplary, indirect, incidental, consequential, punitive damages or for any damages arising out of or in connection with respect to the above mentioned service.

·         Apart from the said terms & conditions, the Agreement shall be deemed to form part and parcel of BB term and conditions.

XII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Web 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").

TIRUPUREXPRESS shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Web 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 TIRUPUREXPRESS 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, TIRUPUREXPRESS shall not be liable and responsible in any manner whatsoever.