1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Traderkerala account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Traderkerala may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Traderkerala will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Traderkerala cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
2. General Conditions
- You acknowledge and agree that Traderkerala may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Traderkerala’s website, available at http://traderkerala.in and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Traderkerala’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Traderkerala service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Traderkerala.
- Questions about the Terms of Service should be sent to email@example.com
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
3. Traderkerala Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our policies or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Traderkerala customer, Traderkerala employee, member, or officer will result in immediate Account termination.
- Traderkerala does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Traderkerala employees and contractors may also be customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Traderkerala retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Traderkerala reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Membership on the Website is free for buyers. Traderkerala does not charge any fee for browsing and buying on the Website. Traderkerala reserves the right to change its Fee Policy from time to time. In particular, Traderkerala may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Traderkerala reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Hornbill Ventures Private Limited.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Traderkerala does not warrant that:
5. Limitation of Liability
- You expressly understand and agree that Traderkerala shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall traderkerala or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, traderkerala partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Traderkerala does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Traderkerala does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- Traderkerala does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected.
6. Waiver and Complete Agreement
The failure of Traderkerala to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of service and the documents incorporates by reference constitute the entire agreement between you and Traderkerala and govern your use of the Service, superseding any prior agreements between you and Traderkerala (including, but not limited to, any prior versions of the Terms of service).
Contents Posted on Site
- You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
7. Intellectual Property
- We do not claim any intellectual property rights over the Materials you provide to the Traderkerala service. All Materials you upload remains yours. You can remove your Traderkerala store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Traderkerala to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Traderkerala can, at any time, review all the Materials submitted to its Service, although Traderkerala is not obligated to do so.
- You retain ownership over all Materials that you upload to a Traderkerala store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Traderkerala shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8. Digital Content: eBooks
- ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the Traderkerala Website and the eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalogue of eBooks displayed on the Website.
- Download rights: You will need to be registered with Traderkerala to make an ebook purchase. The eBooks which you purchase from the Traderkerala Website or eBooks application shall be added in your Traderkerala eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the eBooks Application only.
- eBooks application: eBooks application will enable you to read the digital books purchased from the eBooks store, on your mobile or tablet devices. The app also has an in-app eBooks store where the user can quickly purchase eBooks. The eBooks app will be available in the Android platform. The Android app will be compatible with both mobiles and tablet devices. You can download the eBooks android app for free from the Traderkerala Website and also Google Play.
- Payment: The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.
10. Applicable Law
11. Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Traderkerala make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Traderkerala is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
12. Trademark, Copyright and Restriction
This site is controlled and operated by Traderkerala and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
13. Product Description
Traderkerala do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.