Company & Conditions
1. PREAMBLE
1.1. This is the first D2B (direct-to-buisness) emarketplace for tea packets. With this, we wish to make available fresh and varied type & quality of tea, produced/manufactured/blended in India, across India.
1.2. This is the beta/work-in-progress version of the emarketplace. We shall separately inform the stakeholders about the launch of the final version. Right now however, we would encourage sellers to upload their brands/products, and buyers to explore the portal.
1.3. Sale of packet teas will be on the basis of the SKUs and quantities visible on the portal.
1.4. Sale will be on the basis of as you see. Thus, sellers are requested to upload pictures & descriptionthat best describes their product(s) and brand(s).
1.5. CuppaTrade shall provide a quality signature (physical & chemical) of each brand. Buyers may use the same for making purchase decision. This is the first time such value-add will be available to the Trade.
1.6.Invoicing will be between seller and buyer.
1.7. Buyer shall make the payment to CuppaTrade , which would be remitted to sellers (after deduction of charges & necessary taxes) post delivery (by seller) and receipt of goods (by buyer).
1.8. Quality claims shall be settled amicably between seller and buyer. CuppaTrade shall facilitate the same. Cost of reverse logistics and replacement of product(s), if orders are cancelled on the basis of poor quality or damaged product(s), shall be borne by the seller.
1.9. CuppaTrade team shall randomly make quality checks and if products are found unsuitable, sellers/brands would be delisted from the protal.
1.10. Sellers to use only valid FSSAI and other certificates.
1.11. Sellers are requested to upload and sell products recently manufactured/packed (not more than a two months old).
1.12. I. Responsibility of the Seller
It is believed that the seller is a responsible entity and shall act as one; has been in the a. trade for long and is aware of conventions practiced in the industry; enjoys goodwill and
b. works towards enhancing the same; is committed towards improving quality of offerings; keeps a long-term perspective and knows that a delighted customer (in this case Buyer and end consumer) is the best investment for future business growth.
c. Shall resolve any issue arising out of quality, delayed delivery etc, on priority.
d. Shall offer freshly packed tea.
e. Shall maintain proper hygiene, packaging and storing standards.
f. Shall ensure sold invoices are quickly despacthed. CuppaTrade may facilitate the same on a case-to-case basis and destination constraints.
g. Shall ensure delivery of packets which are clean, dry and not damaged or torn.
h. Maintain min 10nos (quantity) of each SKU of each brand.
1.12. II. Responsibility of the Buyer
a. Is believed that buyer as an entity is objective and fair in his/her dealings; enjoys good reputation in the trade; and is sensitive to the overall growth of the Industry.
b. Shall help in raising the standards of the trade by dealing in quality tea and highlighting improvements wherever necessary.
c. Shall make full use of the offerings and introduce new & different variety of tea in their respective markets.
d. Shall resolve issues amicably pertaining to quality, delivery etc.
e. Shall explore value adds like finance schemes, loyalty programs, Discounts etc that would be available in the platform (from time to time), to make the supply chain more efficient.
1.13.Value Adds
a. Channel Finance
Once the emarketplace stabilizes, we shall introduce finance schemes for both sellers and buyers. Qualification for these schemes will depend on their level of transaction.
b. Loyalty Programs
Shall be introduced for the most engaged stakeholders through discounts, offers, priority services, etcperiodically.
1.14. Feedback
This emarketplace is first of its kind in the Tea Industry. We are aware of the challenges of the Industry and are committed to work towards its betterment. This initiative is one of the many steps in that direction.
At CuppaTrade, we have the knowledge, technology and resources to usher effeciency, highlight quality, shorten sales cycle time, and the Tea Industry to the next level.
We all are listening to you and are dedicated to provide you a fast, easy and seamless environment to conduct your business. Please free feel to raise your concerns, ideas, suggestions that may make this emarketplace and the services superlative. You may connect with us at contact@CuppaTrade.com.
2. INTRODUCTION
2.1 This sets out the general terms which govern your access to and use of the following: (a) the CuppaTrade e-marketplace (marketplace.CuppaTrade.com) (the "Site"); (b) the CuppaTrade mobile application (the "App") (collectively, (a) and (b) are referred to herein after as the "Platform" which also includes or will include any other medium through which CuppaTrade chooses to offer its products and services to its users/customers); (c) the online applications and digital products made available on the Platform, where the User can enter into an online transaction for the sale and purchase of agricultural commodities/packaged edibles which may be permitted by CuppaTrade to be traded on the Platform (such agricultural commodities/packaged edibles)
2.2 For avoidance of doubt, CuppaTrade provides the Platform and/or the Services for facilitating the sale and purchase of the commodities/packaged edibles between the Buyers and the Sellers. CuppaTrade is neither a Seller nor a Buyer of any commodities/packaged edibles on the Platform.
2.3 BY USING THE PLATFORM OR THE SERVICES, INCLUDING BY REGISTERING AS A USER, YOU (ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT) ARE CONFIRMING THAT YOU ACCEPT AND AGREE TO THESE TERMS AND ARE ENTERING IN THIS LEGALLY BINDING CONTRACT, AS AMENDED FROM TIME TO TIME, AND THAT YOU SHALL COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT OR AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM AND/OR THE SERVICES.
2.4 PLEASE READ THESE TERMS CAREFULLY NOW AND FROM TIME TO TIME FOR ANY UPDATES. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS, AND ANY FUTURE VERSIONS, FOR YOUR REFERENCE.
2.5 WE MAY AMEND OR MAKE CHANGES TO THESE TERMS AND/OR ANY POLICY FROM TIME TO TIME.
2.6 We may amend these Terms and/or any policy from time to time. If we change these Terms and/or policies, we will give you notice via e-mail as soon as practicable prior to the implementation of such changes and the posting of the revised Terms and/or policy on the Platform, except in such cases in which the changes are required by the law, or by a governmental or judicial authority; in which event, the notice will be given after posting the revised Terms and/or policy on the Platform. Any such changes will come into effect on the revision date stated in the revised Terms and/or policies. By continuing to access or use the Platform and/or the Services, you are or will be agreeing to the revised Terms and/or policies.
2.7 We recommend that you read the Terms and/or policies to ensure you understand the Terms that apply to you at any time you access, use or transact business via the Platform or avail our Services.
3. USERS OF THE PLATFORM AND SERVICES
3.1 The Platform and the Services are addressed, and made available, to the Users.
3.2 Any person or entity wanting to access or use the Platform shall first need to register on the Platform to become a User of the Platform and/or the Services.
3.3 To become a User and participate in the Platform and/or avail the Services, a person shall be required to submit specified details (as may be amended from time to time) to meet the registration requirements as listed on the Platform, which requirements shall include:
3.3.1 For individuals/proprietorship firms: Details of the company, GST number and certificate, etc. as mentioned in the registration form at the time of registration;
3.3.2 For incorporated/registered entities: a PAN card, details of the nature of the entity (e.g, LLP, company, etc.), copy of the GST registration certificate, copy of the certificate of incorporation or registration (as applicable), charter documents, copy of a cancelled bank cheque , address proof of the entity and contact number(s) of the entity registering to become a User.
Registration shall be completed and submitted only by an authorized representative or any other person with legal authority to bind the entity which is applying to become a User ("Authorized Representative") and such persons shall be required to provide their name, Aadhar card copy or any government issued identity proof, contact number, e-mail address and a copy of the authorizing board resolution, power of attorney or any other document on the letterhead of the entity conferring the authority on the individual to act on behalf of the entity in relation to the Platform and/or the Services.
3.4 In addition to the details required under clause 2.3 above, CuppaTrade may require any individual or entity wishing to become a User for (a) providing further documentation for ‘know your customer’ purposes; (b) verifying the existence and capacity of a corporate entity registering to become a User; and/or (c) verifying the authority of the Authorized Representative acting on behalf of the entity wishing to become a User.
3.5 CuppaTrade shall have the sole and absolute discretion whether to accept an individual or corporate entity as a User. CuppaTrade reserves the right to reject any application for registration, without giving reasons or cause.
3.6 CuppaTrade reserves the right to deny any User access to the Platform and/or the Services, without giving reasons or cause.
3.7 On receipt of all the details required under clause 2.3 and clause 2.4 above to the satisfaction of CuppaTrade , and subject always to CuppaTrade rights under clause 2.5 above, CuppaTrade will provide a username and a password to the User.
3.8 By registering with the Platform, each User represents and warrants that:
3.8.1 in case of individuals, you are over 18 years of age;
3.8.2 you have the authority and/or the relevant authorizations required to register and operate on the Platform and/or avail the Services, as applicable;
3.8.3 you have complied, and shall continue to comply, with all applicable law to access and use the Platform and/or avail the Services; and
3.8.4 any information provided by you is true, accurate, correct, complete and not misleading.
3.9 A User will be provided with one username and password.
3.10 Users must update CuppaTrade of any changes in their personal or corporate information immediately following any such change..
3.11 Users shall keep their username and password confidential, safe and must not disclose it to any third party. Any unauthorized use of the User’s username and password shall be attributable to the User and it shall not be the responsibility of CuppaTrade. Any losses arising due to such use shall be borne by the User alone.
3.12 If you know or suspect that your username or password may have been compromised or made public, you shall notify CuppaTrade immediately at the address specified below so that we may take any appropriate steps, including cancelling any compromised or potentially compromised username or password and providing new login details.
3.13 CuppaTrade shall have the right to disable any username or password at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.
3.14 You are solely responsible for any actions of an unauthorized user using your username or password on the Platform and/or for availing the Services.
4. CONTENT ON THE PLATFORM AND/OR RELATING TO THE SERVICES
Your use of the Platform and/or the Services and the User Content is at your sole risk
4.1 User Content, whether publicly posted or privately transmitted, is the sole responsibility of the Users who originate such User Content. You understand and acknowledge that you are solely responsible for any User Content you provide to or use on the Platform and for any consequences thereof.
4.2 CuppaTrade is under no obligation to review or monitor any User Content, although we may do so from time to time at our sole discretion. CuppaTrade has no obligation to protect any User Content.
4.3 You agree, represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
4.4 We may refuse to accept or transmit User Content for any reason at our sole discretion.
4.5 We may remove User Content from the Platform and/or any portal where the Services are provided for any reason at our sole discretion.
Ownership of all other content
4.6 Other than User Content, CuppaTrade owns, or holds licenses to, all rights, title, and interest in the Intellectual Property in relation to the Platform and/or Services.
4.7 Our Intellectual Property relating to the Platform and the Services are all protected under the applicable copyright, trademark and other applicable laws. All rights in relation to our Intellectual Properties are reserved. You shall not duplicate, copy, or reuse our Intellectual Property, or any portion of the HTML/CSS, JavaScript source code, programming or visual design elements or concepts without express written permission from CuppaTrade .
4.8 CuppaTrade shall have the right:
4.8.1 to block, remove or refuse to distribute any content or User Content for any reason or no reason in our sole discretion;
4.8.2 to take any action with respect to any content or User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content or User Content: (a) violates these Terms; (b) it infringes any Intellectual Property right or other right of any person orentity; (c) threatens the personal safety of the Users of the Platform and/or the Services or the safety and security of the general public; or (d) creates any liability or threatens to create any liability for CuppaTrade ;
4.8.3 subject to the terms of our Privacy Policy and any applicable law to disclose any information provided by a User to CuppaTrade, including any personal information, to any third party who claims that User Content provided by you has violated that third party’s rights, including that third party’s intellectual property rights or its right to privacy, provided that we shall send prior notification to the User if practicable;
4.8.4 to take any appropriate legal action, including disclosing your personal information or other information about you to any law enforcement body, government department, court of law, regulatory agency, tribunal or any law enforcement or government official, in respect of any suspected illegal or unauthorized use of the Platform and/or the Services;
4.8.5 to terminate or suspend your access to all or part of the Platform and/or the Services, and to reclaim and redistribute usernames, for any or no reason, including without limitation, for any violation of these Terms;
5. YOUR LIMITED LICENSE TO THE PLATFORM, SERVICES AND THE CONTENT
5.1 Subject to and conditional upon your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Platform, User Content and our Intellectual Property solely in connection with your permitted use of the Platform and/or the Services.
5.2 You shall not download, capture, save, distribute or broadcast any of our Intellectual Property or any other person’s User Content. You shall only download, capture, and/or save your User Content while only using the tools we make available for such purpose through the Platform. You also cannot use derivative works of your User Content outside the Platform without the express prior written permission from CuppaTrade.
5.3 Except as expressly permitted in these Terms, you shall not:
5.3.1 copy, modify, or create derivative works based on the Platform and/or the Services;
5.3.2 distribute, transfer, sublicense, lease, lend, or rent the Platform and/or the Services to any third party;
5.3.3 reverse engineer, decompile, or disassemble the Platform and/or the Services; and/or
5.3.4 make the functionality of the Platform or the Services available to multiple Users through any means. We reserve all rights in and to the Platform and the Services.
6. ACCEPTABLE USE OF THE PLATFORM AND SERVICES
6.1 You are responsible for your use of the Platform and the Services, and for any use of the Platform or the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct or User Content that may be harmful to other Users, CuppaTrade or the general public. When you use the Platform and/or the Services, you shall not:
6.1.1 violate any law or regulation;
6.1.2 violate, infringe or misappropriate any person’s intellectual property, safety, health, privacy, reputation or other legal or natural rights;
6.1.3 upload, communicate, transmit or otherwise make available any content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory or otherwise objectionable, pornographic, obscene, indecent, invasive of another’s privacy, hateful, likely to incite violence or racial or ethnic hatred, or otherwise objectionable;
6.1.4 send unsolicited or unauthorized advertising or commercial communications, such as spam, forge any TCP/IP packet header or any part of the header information in any e mail or posting, or in any way use the Platform or the Services to send altered, deceptive, or false source identifying information;
6.1.5 engage in 'spidering' or 'harvesting' or participating in the use of Software, including spyware, designed to collect data from the Platform or Services;
6.1.6 collect any information about or regarding other Users including but not limited to any personal data or information;
6.1.7 interfere with or disrupt the smooth functioning of the Platform or interfere with, or disrupt, (a) the Services, (b) other Users’ access, or (c) the servers or networks through which the Platform or the Services are provided;
6.1.7A A transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems in connection with the Platform and/or the Services;
6.1.8 stalk, harass or harm any individual connected to the Platform and/or the Services, including other Users or the personnel of CuppaTrade;
6.1.9 impersonate any person or entity (including other Users or the personnel of CuppaTrade) or perform any other similar fraudulent activity, such as phishing;
6.1.10 use any means to 'scrape', 'crawl' or 'hack' any web pages relating to the Platform and/or Services and/or CuppaTrade;
6.1.11 probe, scan, crack, track and/or test the vulnerability of any system or network, attempt to circumvent any technological measure or authentication measures implemented to protect the Platform and/or the Services by CuppaTrade or any of our providers or any other third party (including another User);
6.1.12 access or search or attempt to access or search the Platform or the Services by any means (automated or otherwise) other than through the formats or interfaces prescribed, published or provided by CuppaTrade on its Platform, and such access or search or attempt to access or search the Platform shall only be pursuant to these Terms;
6.1.13 attempt to decipher, decompile, disassemble, or reverse engineer any of the Software or other underlying code used to provide the Platform and/or the Services;
6.1.14 use the Platform and/or the Services in any other way not permitted by these Terms; or
6.1.15 advocate, encourage, or assist any third party in doing any of the foregoing.
7. TERMINATION AND SURVIVAL
7.1 Use of the Platform and/or the Services is a privilege. We may decline to register you as a User, terminate your registration and/or restrict your access to or usage of the Platform and/or the Services (including via any other aliases you use) at any time at our complete and sole discretion without consulting with you. We consider the following as grounds for refusal of access or use of the Platform:
7.1.1 if complaints are received about you;
7.1.2 if you breach these Terms and/or any other CuppaTrade policies;
7.1.3 if you violate or threaten to violate any law;
7.1.4 if you cause or threaten to cause harm to public order, health and safety of the general public or of CuppaTrade employees or other Users;
7.1.5 if you cause or threaten to cause harm to CuppaTrades business, the Platform or the quality of the Services;
7.1.6 any other reason in the reasonable assessment of CuppaTrade.
7.2 We reserve the right to not provide you with access to the Platform and/or the Services. We also reserve the right to terminate any User’s right to access the Platform and/or the Services at any time, at our sole discretion, if you violate any of these Terms and/or CuppaTrade’s policies. Further, if we receive complaints about you, we may terminate your registration and your ability to use the Platform and/or Services, at our sole discretion.
7.3 You may end this legally enforceable agreement with CuppaTrade at any time for any reason, by (a) discontinuing the use of the Platform and/or Services, (b) informing CuppaTrade about such discontinuation, and (c) requesting us to delete your account by sending an e-mail or a letter at the contact details of CuppaTrade set out in Clause 16 of Part A of these Terms.
7.4 The provisions "Content on the Platform and/or Services", "Acceptable Use of the Platform and Services", "Privacy Policy", "Indemnity", "Termination and Survival", and "Other Provisions" will survive the closure/deletion of your account and any expiration or termination of these Terms, and you will continue to be responsible for all of your activities during the time you used the Platform and/or the Services.
8. CONTACT/NOTICE
8.1 Any notice or other communication to be given or served under, or in connection with, these Terms shall be in English and in writing, and it shall be transmitted by: (a) personal hand delivery; (b) recognized express courier service; (c) the postal service; (d) return receipt or (e) electronic mail to CuppaTrade at the address/ contact details set out below. Notice given by personal service or express courier service shall be deemed effective on the date it is delivered to and received by CuppaTrade , and notice sent by postal service shall be deemed effective on the third day following its placement in the mail box addressed to CuppaTrade. Notice sent by electronic mail shall be deemed to be effective on the next Working Day.
CONTACT DETAILS OF CuppaTrade Technologies
Phone : +91-(0)80-47185818
Mail : contact@CuppaTrade.com
9. THE LIMITED ROLE OF CuppaTradeAND THE OBLIGATIONS BETWEEN THE BUYERS AND SELLERS
9.1 The Platform acts only as a technology platform for e commerce, providing an online marketplace for facilitating sale and purchase of commodities/packaged edibles, between the Users.
9.2 CuppaTrade and its Affiliates are not responsible for any negotiation, formalisation, execution and/or satisfaction of any contract reached among the Users in or outside the Platform and/or the portal providing Services. CuppaTrade is not responsible for holding any inventory of the commodities/packaged edibles, nor does CuppaTrade assume ownership or possession of the commodities/packaged edibles, wholly or in part, for any duration whatsoever, at any time during the transaction cycle
9.3 CuppaTrade does not engage in the logistics, distribution and transportation or handling of any edible items. CuppaTrade provides listing services for commodities/packaged edibles via the Platform which facilitates trading of commodities/packaged edibles between independent Buyers and Sellers. To the extent CuppaTrade needs information and assistance from its Users for complying with any applicable law, you (the User) undertakes to provide all
Platform which facilitates trading of commodities/packaged edibles between independent Buyers and Sellers. To the extent CuppaTrade needs information and assistance from its Users for complying with any applicable law, you (the User) undertakes to provide all such assistance and information to CuppaTrade for complying with applicable law.
9.4 Neither CuppaTrade nor the Platform nor any of the Services shall constitute, or shall be construed, or shall be deemed to be, a market, a broker, an agent, a trader, a legal representative, an intermediary, or an employee of any User nor vice versa. The Terms shall not be deemed to establish a joint venture, partnership, agency and/or any other association of whatsoever nature between CuppaTrade and any User.
9.5 CuppaTrade is not a party to, nor is it bound by, any contract for the sale and purchase of commodities/packaged edibles negotiated via the Platform and/or the Services.
9.6 You agree that any negotiations, dealings, transactions and/or contracts agreed between you and other Users of the Platform and/or of the Services are conducted entirely at your own risk.
9.7 Users should seek appropriate legal advice before entering any binding obligations for the purchase or sale of any commodities/packaged edibles.
9.8 Users should conduct their own investigations as to the accuracy of any information submitted by Users on the Platform and/or in connection with or via the Services.
9.9 You agree that any purchases, sales, exchange of monies, exchange of commodities/packaged edibles and/or any other transactions are made solely in reliance on your own inquiries and inspections, and that CuppaTrade has not made and does not make any warranties or representations in relation to:
9.9.1 the legal capacity of the Users to enter into contractual agreements;
9.9.2 the Users’ capacity to sell or buy the commodities/packaged edibles, including the legal entitlement or ownership of any seller to sell the commodities/packaged edibles;
9.9.3 the Users’ financial ability to effectuate any payments;
9.9.4 the existence, merchantability, suitability, quality and/or quantity of the commodities/packaged edibles for sale or purchase;
9.9.5 the freedom of the commodities/packaged edibles for sale or purchase from any liens, pledges, charges or any other encumbrances; and/or
9.9.6 the ability of Users to perform and/or complete any contract or transaction agreed or any obligation thereunder.
9.10 You acknowledge that CuppaTrade shall not be liable for any direct, indirect, and/or consequential loss or damages (including legal fees and other expenses incurred), nor will CuppaTrade be liable for any loss of profit, loss of business, loss of opportunity or loss of reputation (whether or not such loss of profit, loss of business, loss of opportunity or loss of reputation is direct, indirect and/or consequential) arising from or in any way connected with your use of the Platform and/or the Services.
9.11 We remind all Users that the performance of contracts for the sale or purchase of commodities/packaged edibles on the Platform may be subject to certain specific legislations, rules and/or regulations imposed by the Users’ respective countries of incorporation or residency, by countries of import, export or transit, and/or otherwise. We strongly encourage you to obtain legal and professional advice on such applicable legislations, rules and/or regulations, before entering any binding contractual obligations through the Platform. Without limitation to the preceding part of this Clause 9.11, the performance of contracts for the sale or purchase of commodities/packaged edibles entered via the Platform and/or using Services may be subject to sanctions or penal consequences in certain countries. CuppaTrade shall not be liable for any breach of any sanction or penal provisions committed by any User arising out of or in connection with any contract concluded via the Platform and/or the use of Services or for any inability, failure or refusal to perform its contractual obligation by a User as a result of any sanction or penalties.
10. INDEMNIFICATION UNDER THE SERVICE AGREEMENT
10.1 The User hereby accepts and agrees to fulfill and comply with the obligations under the Service Agreement, including fulfillment of such other necessary obligations as provided in these Terms. Further, the User hereby agrees to hold harmless the indemnified persons under the Service Agreement from any suits or proceedings filed before any court of law, including any tribunal, in respect of the losses caused to the indemnified persons under the Service Agreement on account of the breach of the User’s obligations under the Service Agreement and these Terms by the User.
10.2 Any compensation or indemnity as referred to above, shall be such as to place the indemnified persons under the Service Agreement in the same position as it would have been had there not been any breach of the Service Agreement and as if the Company Warranties or covenant or undertaking under which the indemnified persons under the Service Agreement are to be indemnified had been accurate or performed properly or fully.
10.3 The rights and remedies of the indemnified persons under the Service Agreement in respect of any breach of the Service Agreement, including without limitation breach of any of the Company Warranties, shall not be affected by any act or happening which otherwise might have affected such rights and remedies, except by a specific written waiver by the indemnified persons under the Service Agreement.
10.4 The rights of indemnification of the indemnified persons under the Service Agreement shall be in addition to all other rights available to them in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.
10.5 The User shall not pursue any claim, seek damages, reimbursements or contribution from the indemnified persons in respect of any claim.
11. LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES AND GENERAL RELEASE OF CuppaTrade UNDER THE SERVICE AGREEMENTS
11.1 As a User of the Platform and the Services, the User shall use the Platform and the Services at its own risk. To the fullest extent permissible by law, CuppaTrade and its Affiliates disclaim: (a) any representations or warranties regarding the Service Agreement, these Terms, or any other transactions contemplated by or in relation thereto, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (b) implied warranties arising out of the course of dealing, course of performance, or usage or trade; and (c) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence. CuppaTrade does not represent or warrant that the functions contained in the Platform and/or the Services will meet the User’s requirements or be available, timely, secure, uninterrupted, or error free, and CuppaTrade will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.
11.2 It is accepted and agreed by the User and CuppaTrade that CuppaTrade responsibility is to match Buyers and Sellers through the Platform. Further, CuppaTrade shall not be responsible for any direct or indirect losses to the User in relation to the transactions contemplated under the Service Agreement.
11.3 Because CuppaTrade is not involved in transactions between the Buyers and Seller or other participant dealings, if a dispute arises between one or more participants (including the User as a Buyer or a Seller), the User releases CuppaTrade (and its agents and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11.4 The User acknowledges that, and agrees that it shall not hold CuppaTrade responsible or liable for, any downtime or other service interruptions or technical issues associated with the provision of online access to the modules and dashboards contained in the Platform. The User shall look solely to the operator of CuppaTrade chosen online hosting platform and the other service providers that may facilitate online access for all technical support.
11.5 The User shall not hold CuppaTrade responsible or liable for any shortage or non-fulfilment of the Services on the Platform or any other related website or mobile application, which shortage or non-fulfilment may arise due to or out of a technical failure or malfunctioning or otherwise, and the User undertakes that, in such situations, the User shall not claim any right, damages,relief, cost, recoveries, charges, penalties, etc., from CuppaTrade , including not claiming on any grounds under the consumer protection laws in India or any other applicable laws.
11.6 The User shall not hold CuppaTrade liable for any and all fees, costs, charges, expenses, etc., incurred and payable by the User to any third party service provider for any services needed for accessing the Platform, which services may include airtime, Internet services, connection costs, etc.; for these services and similar services, the expenses are to be borne by the User itself.
11.7 Further, CuppaTrade shall not be responsible or liable for any malfunctioning or breakdown of the User’s systems (e.g., computer or mobile hardware or Software) or any other device or application used for accessing or using the Platform, and the User shall not claim any damage, loss, either direct or indirect, arising out of the use of the Platform by the User.
11.8 CuppaTrade shall not be liable to the User or any third party for any consequential, incidental, special, or indirect damages, regardless of whether the User or third party has been advised of the possibility of such damages.
11.9 CuppaTrade shall not be liable (whether in contract, warranty, tort (including negligence, product liability, or other theory), or otherwise) to the User (as a Buyer, Seller or a User) or any other person for cost of cover, recovery, or recoupment of any investment made by the User or its affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to the Service Agreement, even if CuppaTrade has been advised of the possibility of those costs or damages.
11.10 Further, under no circumstances, CuppaTrade aggregate liability arising out of or in connection with the Service Agreement or the transactions contemplated therein shall exceed at any time the total amounts during the prior one (1) month period paid by the User to CuppaTrade in connection with the particular Service giving rise to the claim.
11.11 The foregoing limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
11.12 The single or partial exercise of any right or remedy under the Service Agreement shall not preclude any other right or remedy nor restrict any further exercise of any such right or remedy.
11.13 The rights and remedies provided in the Service Agreement are cumulative and do not exclude any rights or remedies provided by law.
11.14 The rights and remedies of CuppaTrade under the Service Agreement shall not be affected by the expiry of any limitation period prescribed by law in relation to a claim under the Service Agreement (including in relation to CuppaTrade claims arising from the breach of representations and warranties by the corporate User under the Service Agreement).
12. USE OF INFORMATION, INTELLECTUAL PROPERTY AND CONFIDENTIALITY
12.1 During the course of the User’s use of the Platform and/or the Services, the User may receive information relating to CuppaTrade , the Platform or to the Services. The User agrees that: (a) all Confidential Information shall remain CuppaTrade exclusive property; (b) the User shall use Confidential Information only as is reasonably necessary for its participation in the Services; (c) the User shall not otherwise disclose Confidential Information to any other person or for any other purpose; and (d) the User shall take all measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in the Service Agreement. The User shall not issue any press release or make any public statement related to the Services, or use CuppaTrade name, trademarks, or logo, in any way (including in promotional material) without CuppaTrade advance written permission, or misrepresent or embellish the relationship between CuppaTrade and the User in any way. The User shall not disclose Confidential Information to any third party even after the termination or expiry of the term of the Service Agreement.
12.2 Under no circumstances shall the Users disclose to any third party any content, image, instructions, diagram, text, or other information from the Platform or that is based upon or aggregated or derived from the Platform and that effectively discloses information contained in the Platform or could allow a third party to ascertain information contained in the Platform, without the prior written consent of CuppaTrade. The quality signatures shall not be used to promote/defame any seller.
12.3 Under no circumstances shall the User copy, use, re-use, produce, reproduce or duplicate, by any means, the content on the Platform or any materials or information associated with the Platform (regardless of whether those materials and contents were prepared by CuppaTrade, the User or a third party), without the prior written consent of CuppaTrade.
12.4 Further, under no circumstances shall the User sell, lease, assign, sublicense, or otherwise transfer or disclose, or permit the transfer or disclosure of access to the Platform, in whole or in part, to any third party, or permit any third party to use or access the Platform or materials and contents associated with the Platform, without the prior written consent of CuppaTrade.
12.5 The User acknowledges and agrees that CuppaTradeshall exclusively retain all right, title, and interest in and to the Platform, including without limitation to all the Intellectual Property and any other rights associated with and the Platform, and that at no time, whether during the term of this Agreement or thereafter, shall the Company have any right to use the Intellectual Property or any other rights of CuppaTrade or the Platform without the prior written consent of CuppaTrade. The Company acknowledges and agrees that it will not contest or assist any third party in contesting CuppaTrade ownership rights to the Platform or any Intellectual Property or any other rights of CuppaTradeor any of CuppaTrade employees, members, officers, directors, affiliated entities, licensees, agents, or other representatives.
12.6 CuppaTrade shall have the right to use the name, image, likeness or other information about the Company in CuppaTrade advertising and/or promotion.
13. RELATIONSHIP BETWEEN PARTIES
The User shall have no authority to control the day-to-day activities of CuppaTrade. Further, the User shall have no authority to make or accept any offers or representations or create or assume any liabilities on CuppaTrade behalf. The Service Agreement shall not create an exclusive relationship between the User and CuppaTrade. Nothing expressed or mentioned in or implied from the Service Agreement is intended or will be construed to give to any person other than the parties to the Service Agreement any legal or equitable right, remedy, or claim under or in respect to the Service Agreement. The Service Agreement and all the representations, warranties, covenants, conditions, and provisions in the Service Agreement are intended to be and are for the sole and exclusive benefit of CuppaTrade and the User. As between the User and CuppaTrade, the User shall be solely responsible for all obligations associated with the use of any third-party service or feature that the User permits CuppaTrade to use on its behalf, including compliance with any applicable terms of use. The User will not make any statement, whether on the Platform or otherwise, that would contradict anything in this Clause.
14. SERVICE FEES: There would be a service fee as agreed.
15. PRIVACY POLICY
This document explains how CuppaTrade collects, processes, stores and/or shares any Personal Information (as defined below) and/or other information from or about the Users.
WE VALUE OUR USERS’ PRIVACY AND SO WE HAVE PREPARED THIS PRIVACY POLICY DOCUMENT TO DEMONSTRATE THIS.
By accessing and/or using the Platform, you consent to the collection, storage, disclosure and other uses of your information in accordance with this Privacy Policy. As set out in the General Terms set out herein above, you must be at least of legal age to access the Platform and/or use the Services.
PLEASE CAREFULLY READ THIS DOCUMENT BEFORE SUBMITTING ANY INFORMATION ON THE PLATFORM.
We may update this statement from time to time by publishing a revised version on the Platform in accordance with the Privacy Policy. Please check this Privacy Policy document each time before you share Personal Information with us.
15.1 COLLECTION
15.1.1 Personal Information: When you create an account or register with us, we collect information that can be used to identify you ("Personal Information"). THE PLATFORM WILL NOT BE AVAILABLE TO INDIVIDUALS OR ENTITIES NOT REGISTERED WITH CuppaTrade . IF YOU ARE NOT REGISTERED, YOU WILL NOT BE ABLE TO USE THE PLATFORM.
15.1.2 Cookies: CuppaTrade may employ cookies to track your access to the Platform and/or Services. These technologies operate either by placing a small file which stores some information on your computer or mobile device; and/or by accessing information on your device. CuppaTrade uses cookies and similar technologies to recognize your device, for example by identifying your IP address, and to collect data such as your device’s model, operating system and screen size, other applications installed on your device, time and date, and other information about how you use the Platform and/or Services. CuppaTrade uses this information (a) to store and access information; (b) to enable CuppaTrade to provide you with more customized services; and (c) to collect other information about your use of our Services.
15.2. CuppaTrade USE AND DISCLOSURE OF INFORMATION
15.2.1. Use of information
You agree that CuppaTrade and/or service providers on CuppaTrade behalf may use the information they collect for internal purposes. Your personal information will not be shared with any third parties.
NOTWITHSTANDING THE ABOVE, LISTINGS/POSTINGS MADE ON THE PLATFORM WILL ONLY BE SHARED WITH OTHER USERS.
15.3. SECURITY OF YOUR PERSONAL INFORMATION
CuppaTrade takes all reasonable and sound steps to ensure that the information is protected against misuse, loss, unauthorized access, modification, and/or disclosure. CuppaTrade adopts and applies appropriate data collection, storage, management practices, and security procedures to protect against unauthorized access, alteration, addition, deletion, disclosure, and/or destruction of a User’s personal information, including their username, e-mail address, password, transaction information, and any other data stored on the Platform. However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, CuppaTrade does not guarantee that information will not be accessed, disclosed, altered or destroyed by any breach of any of the abovementioned safeguards. To the extent applicable, CuppaTrade complies with all applicable data protection laws and you (the User) are duly bound to provide all reasonable assistance and information to CuppaTrade in relation to compliance with such laws.
15.4. ACCESS TO PERSONAL INFORMATION
You have the right to access and modify the Personal Information we collect and hold about you.
15.5. TERM
CuppaTrade may retain the information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide, even after you have discontinued or deleted any account or have ended the provision of the Services, if retention of such information is reasonably necessary to comply with CuppaTrade legal obligations, regulatory requirements and for resolving disputes between Users or for preventing fraud, for backup, archival, and/or audit purposes or any other use.
15.6. GENERAL TERMS
Notwithstanding anything to the contrary in this Privacy Policy, CuppaTrade may preserve or disclose your information: (a) to the extent reasonably necessary to comply with a law, regulation or legal request; (b) to protect the safety of any person; (c) to address fraud, security or technical issues; or (d) to protect CuppaTrade rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s request to disclose your information. If any court or other competent authority finds any of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.
15.7. CHANGES TO THIS PRIVACY POLICY
The most recent version of this Privacy Policy will govern the use of the information (including Personal Information) on the Platform. We may revise or amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Platform. CuppaTrade may also, but is not required to, notify you of changes to the Privacy Policy via e mail to the email address associated with your account. If you object to any changes to the Privacy Policy, you should immediately stop using the Platform and/or Services and close any related accounts. By continuing to access or use the Platform and/or Services after changes have become effective, you agree to be bound by the revised Privacy Policy.
15.8. CONTACT
Phone : +91-(0)80-47185818
Mail : contact@CuppaTrade.com