Terms and Conditions
These are the terms and conditions governing your use of the website GLOBALVISION (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards GLOBALVISION ( hereinafter referred to as globalvisiontrade.com). This Agreement is effective upon acceptance in registration for new registering users; GLOBALVISION may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective on immediate after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and GLOBALVISION. The User Agreement was framed on March 08, 2009. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and GLOBALVISION 's Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of GLOBALVISION. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a GLOBALVISION user. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.
Article 1
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" including minors, are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase for any products on the Site. If you wish to purchase or sell an product on the Site such purchase or sale may be made by your legal guardian or
parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience products displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. Global vision reserves the right to terminate your membership and refuse to provide you with access to the Site if global vision discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by global vision. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.
You agree to:
2.1. Provide true, accurate, current and complete information about yourself as prompted by GLOBALVISION 's registration form (such information being the "Registration Data")
2.2. You must not include any of your contact details such as email addresses or mobile number etc in your username.
2.3. 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 if GLOBALVISION has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, GLOBALVISION has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Article 2
Communication & Fees
1. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. GLOBALVISION requires your consent during the registration process to occasionally send you promotional emails from GLOBALVISION. These emails announce new changes and features added to the site to enhance your trading experience as well as any special promotional trading that maybe hosted by GLOBALVISION. Kindly refer to our privacy policy for more details on the use of your personal information.
2. Fees and Services.
Membership on the Site is Registration for various plans for sellers. Buyers are free registration. GLOBALVISION does not charge any fee for browsing on the Site. GLOBALVISION charges Transaction Fees to all sellers when their product is successfully sold on the Site. Before you list a product for sale through the Site, we request you to review our Fees which is hereby incorporated by reference into this agreement. The Fee Charging on GLOBALVISION are effective from March 2009. However, GLOBALVISION reserves the right to change its Fee Charging from time to time. In particular, GLOBALVISION may at its sole discretion introduce new services and modify some or all of the existing services offered on the site. In such an event GLOBALVISION 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 Charging shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in your country currency. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, etc. levied thereon. Global vision reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Global vision. Global vision also reserves the right to take legal action in case of non-payment of fees by you to Global vision.
Listing Fees
Listing in our www.globalvisiontrade.com website we offer different plans to advertise in this website. See in seller registration.
For sold Product
Only successful businesses are subject to a final value fee. Fees are calculated based on the total value of business. We are charging following fees structure at currently for sold product.
3 % < = 1,00,000 INR , 2 % > = 100,001.00 INR
Article 3
1. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
1.1 "Your Information" is defined as any information you provide to us or other users of the Site in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for your information, and we act as a passive means for your online distribution and publication of your information.
1.2Your Information (or any products listed):
1.2.1. Shall not be false, inaccurate or misleading;
1.2.2. Shall not be fraudulent or involve the sale of counterfeit or stolen products;
1.2.3. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
1.2.4. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Global vision does not permit transactions in the following products:
1.2.4.1. "Securities", including shares, bonds, debentures, etc. and/or any other financial instruments of any description.
1.2.4.2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws.
1.2.4.3. Weapons of any description.
1.2.4.4. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
1.2.4.5. "Antiquities" and "Art Treasures" as detailed in the local laws pertaining to antiquities and National Treasures.
1.2.5. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
1.2.6. Shall not be obscene or contain pornography or contain any "indecent representation of women or men."
1.2.7. Shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
1.2.8. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
1.2.9. Shall not link directly or indirectly to or include descriptions of products, goods or services that,
1.2.9.1. Are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Local Drugs and Cosmetics laws (and Objectionable Advertisements)
1.3. Solely to enable Global vision to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to your Information. Global vision will only use your Information in accordance with the User Agreement and Global vision's Privacy Policy.
1.4. You represent and confirm that you shall be the sole and exclusive legal owner of all products, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right, title and authority to deal in and offer for sale such products, goods or products.
1.5. In the event that any transaction or attempted transaction relating to any product, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform GLOBALVISION of the same.
1.6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any products or services being sold or purchased on the Site.
1.7. You shall comply with all applicable Domestic and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your products listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any buyer (as defined under the Buying section) at any place outside INDIA.
1.8. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
1.9. You will not disclose your contact details like Phone number, address, emailing address in buying or listing process, or anywhere on the Site, discussion forum or through any e-mail feature to bypass GLOBALVISION.
Article 4
Global vision Provides Trading Services Only
1. Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their business transactions.
1.1. GLOBALVISION does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or purchased on the Site. In particular, GLOBALVISION does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. GLOBALVISION accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
1.2. GLOBALVISION does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
1.3. The Site is a channel of communication whereby the Users can reach a larger base to buy and sell products or services. GLOBALVISION is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller buyer. At no time shall any right, title or interest over the products vest with GLOBALVISION nor shall GLOBALVISION have any obligations or liabilities in respect of such contract. GLOBALVISION is not responsible
for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered only for a restricted time and only for the available supply.
1.4. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
1.5. You release and indemnify GLOBALVISION and or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GLOBALVISION cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Article 5
1. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States, and India that
are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www. globalvisiontrade.com/ privacy-policy.html. If you object to your Information being transferred or used in this way please do not use the Site.
Article 6
Breach of Agreement
1. Breach
Without limiting other remedies, GLOBALVISION may limit your activity, immediately remove your listing, warn other Users of your actions immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
1.1. If you breach the User Agreement or the documents it incorporates by reference;
1.2. If GLOBALVISION is unable to verify or authenticate any information you provide;
or
1.3. If it is believed that your actions may cause legal liability for you, other Users or GLOBALVISION.
GLOBALVISION may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with GLOBALVISION or use the Site in any manner whatsoever until such time that such User is reinstated by GLOBALVISION. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, GLOBALVISION reserves the right to recover any amounts due and owing by you to GLOBALVISION and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
Article 7
1. Buying
All purchases on the Site are a firm commitment to purchase. If you are the purchaser for any product and your purchase is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller. Purchases cannot be canceled. By purchasing a product you agree to be bound by the conditions of sale included in the products description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the products being sold. You are advised to independently verify the retail prices of such products if you so desire. GLOBALVISION strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information. Willfully entering erroneous or fictitious buying enquiry may result in prosecution by GLOBALVISION. Please be aware that even if you do not give GLOBALVISION your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. In case of purchase of an Artwork which is marked as "non-exportable" on the Site you agree that the Artwork shall not be exported out of INDIA or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
2. Buyer Protection Program
The Buyer Protection Program seeks to assist buyers who have been defrauded by sellers on the site. If a buyer has purchased a product via our DD, T T payment process and has never received it or has received a product that is significantly lower in value as compared to what was described, the buyer can seek protection under the Buyer Protection Program. The coverage under this program is restricted to the value of the product.
For this purpose the buyer needs to file a complaint within 48 hours of receiving the product. If the seller is found guilty of defrauding the buyer for which GLOBALVISION has reimbursed the buyer, the sellers account on GLOBALVISION could be blacklisted and GLOBALVISION shall charge the seller a penalty money to cover handling and shipping in India. Further GLOBALVISION reserves the right to recover the dues and take strict legal action including initiating criminal proceedings against the seller.
Any person who knowingly, and with intent to injure, defraud or deceive, files a Fraud Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law .
Article 7
1. Selling
As a registered member, you may list products for sale on the Site. You must be legally able to sell the products you list for sale on our Site. You must ensure that the listed products do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your product for sale. All listed products must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the products listing or elsewhere on the Site other than in the Registration data is expressly prohibited and would be considered as a breach of the User Agreement. All listed products must be kept in stock for successful fulfillment of sales. The listing description of the products must not be misleading and must describe actual condition of the product. If the products description does not match the actual condition of the products, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Global vision reserves the right to delete such multiple listings of the same product listed by you in various categories.
You are legally obligated to complete the transaction sale contract with the buyer upon the products sale online. You must supply the products to the buyer in a merchantable condition within 48 hours of receiving the payment from the buyer, unless there is an exceptional circumstance, such as:
1.1. The buyer fails to meet the terms of your listing (such as payment method), or
1.2. You cannot authenticate the Buyer's identity. Without limiting any other remedies, Global vision may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Site.
1.3. Keyword Spam
Keyword spamming occurs when members place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing. Keyword spamming in listings is not permitted on GLOBALVISION. The text sellers place in listings must be directly relevant to the item being sold. Violations of this policy may result in listing cancellation and Account suspension .
Article 8
Warranty & Liability
1. No Warranty
GLOBALVISION and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
2. Limitation of Liability
In no event shall GLOBALVISION or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence). GLOBALVISION 's liability in any circumstance is limited to the amount of fees, if any, paid by you to GLOBALVISION, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, GLOBALVISION assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
2.1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
2.2. Any interruption or errors in the operation of the Site. You expressly understand and agree that GLOBALVISION 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 (even if globalvisiontrade.com has been advised of the possibility of such damages).
3. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership between you and GLOBALVISION and you shall have no authority to bind GLOBALVISION in any manner whatsoever.
Any notices shall be given by postal mail to Global vision Attn: (in the case of globalvisiontrade.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, shipping prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
5. Arbitration
If any dispute arises between you and GLOBALVISION during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by GLOBALVISION. The place of arbitration shall be Coimbatore. The Local Arbitration & Conciliation laws; shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
6. Governing Law
The User Agreement shall be governed and construed in accordance with the laws
of The India .