Terms & Conditions

icon

Terms & Conditions

These Terms and Conditions are set out as instructions that will apply to your access and use of the websites at tradefinex.org. This Agreement is an arrangement between you and TradeFinex.org, an open source trade and financing Blockchain platform. TradeFinex offers you access to and use the platform through website and mobile application (collectively ‘Service’). The platform is currently in Alpha phase for pilot projects and testing POC. You agree to comply with all the terms and conditions when accessing or using our Services.

Terms & Conditions

These Terms and Conditions are set out as instructions that will apply to your access and use of the websites at tradefinex.org. This Agreement is an arrangement between you and TradeFinex.org, an open source trade and financing Blockchain platform. TradeFinex offers you access to and use the platform through website and mobile application (collectively ‘Service’). The platform is currently in Alpha phase for pilot projects and testing POC. You agree to comply with all the terms and conditions when accessing or using our Services.

Introduction

TradeFinex.org is a stage that allows registered users to collaborate with willing individuals and companies. This will help to increase the scope of justifiable solutions for their businesses backed with our blockchain technology. The user will have an advantage from our integrated wallet system supported by block chain technology that aims to make the transactions more secure and transparent among the parties involved in a cross-border trade.

The website will list out sourcing, shipping, rates and other particulars of the said service. It is solely upon you to decide to go by or not with the said service.

With the assistance of TradeFinex.org, buyers get endless opportunities to set-up infrastructure projects in their countries; suppliers can successfully deliver required products and services across the globe. Moreover, financier's investment portfolios will expand massively by investing in global projects. It aims to find a sustainable business solution by helping the beneficiaries to connect with potential suppliers and financers and it also minimizes the cost of financing.

Responsibility of the User

1. You accept to follow with all applicable laws, rules and regulations while using the services on the site for your access and use.

2. You are requested to follow TradeFinex.org Privacy Policy. Under Privacy Policy section all the personal information collected about the Users are secured and managed by TradeFinex.org and our associates. Once you access the website, you agree to the terms of the Privacy Policy and also agree to the process and manner under which your personal information is used by us.

3. The service offered on the website will be used only for your private purpose. You are not allowed to misuse the information posted on the website with respect to the details of seller, buyer or financer. Such misuse of information is prohibited unless you notify TradeFinex.org about your purpose of using the information.

4. Terms and Conditions will be altered and modified time-to-time. You are requested to keep a check regularly on the policies. The said alterations will take effect from the time the website is updated.

5. The information or subject of the user posted on the website to be made available to the virtual market through TradeFinex.org will be displayed, transmitted, distributed, reproduced, published, adapted, modified, translated and otherwise use any or all of the subject matter for any purpose that may be valuable for the working of the website.

You accept to use the site and services only for business purpose and the address mentioned while registration is the registered address of the said business.

Registration for TradeFinex.org account

1. Users will become members once they complete the registration process by filling up their personal details and information. One member can own and control only one account. TradeFinex.org has a right to cancel or suspend if we suspect that member is having more than one account.

2. During registration, users are required to provide details and information of the service that they will be providing. User agrees that such details and information provided is true, precise and valid.

3. Under details and information user must not provide any link directly or indirectly to any other websites which includes any content that may violate the Terms.

Usage of TradeFinex.org

While using the platform of TradeFinex.org, you are required to read the below conditions:

1. The matter posted by you of your services and requirements should be accurate and you are liable for its correctness.

2. Uploading of your matter might take some time to show on the website. TradeFinex.org does not commit precise time of showing up the content.

3. Under circumstances where TradeFinex.org discovers any of your matter violating our policies or rules, TradeFinex.org has right to remove or correct that particular matter.

4. TradeFinex.org is a palatform where buyers are looking out as per their specifications. The list that appears on the browser, result as searched by the buyer, will be based on many criteria such as buyer’s location, rates and shipping charges, keywords entered, browsing site, preferences of buyer, history, location of the opposite party, their ratings, etc.

5. We will also suggest you with other similar options that you are searching for if you have not found a proper match as per your requirements. Such similar options will be based on the history, preferences, similar searches, etc.

6. Certain enhanced listing upgrades will only be noticeable on few of the Services.

7. Tradefinex.org website will also comprise of hyperlinks such as banners, channels, links or any other link to third partie's website. We do not manage and direct any such third partie's website nor keep a track of the said website's and be answerable to anyone for such website's, or any services, products or content posted on the said website's. You are advised to check the terms and conditions, privacy policy and any other legal notices before using the said website.

8. TradeFinex would like to incentivize the users for carrying out trade and financing activities using underlying smart contracts. The incentives will be determined based on number of factors such as type of the project, value of the project, contract completion status, adherence to contract terms, etc. to name a few. The users are free to post projects on TradeFinex platform, however they will not be awarded the incentive if they do not enter into a smart contract on TradeFinex platform.

9. TradeFinex.org will have the right to translate your matter into a local language, where such translation solution is available.

Conditions for Supplier and Financer

Services offered by individuals or companies on the website may be settled globally. Suppliers and financers are fully liable to read all details and information uploaded on the website before starting any venture together. The parties are entering into the venture should comply with the rules and regulations as per they select.

TradeFinex.org supports web-based platforms for exchanging information between the parties to the venture. In addition, accepting, managing and fulfilling orders for the services will be transacted through web-based platforms. TradeFinex.org will not act as a representative for either of the parties to the venture.

Users are warned about the risk involved in dealing with the people acting under fake pretenses. We appreciate if you take extra care before starting a venture with other by evaluating and assessing the party’s background. TradeFinex.org takes no responsibility for the actions executed with such fake party.

Transaction between the Parties

TradeFinex.org is backed by integrated wallet system supported by blockchain technology and aims to make the transactions more secure and transparent among the parties involved in a cross-border venture. The Parties to the joint venture using TradeFinex.org have an option of transacting with XDC token underlying with their respective accounts. Users are required to read the Legal Disclaimer page under E-wallet link.

Violation of policies by user

1. TradeFinex.org retains the right in its sole discretion to delete, alter, or cancel any subject matter of the user that is submitted to, updated and displayed on the Sites which we generally understand it to be unlawful, violating the Terms, could subject TradeFinex.org or our affiliates to liability, or is otherwise found unsuitable in TradeFinex.org belief.

2. Without limiting the generality of the provisions of the Terms, a user would be believed as being in breach of the Terms in any of the following circumstances: a) under circumstances where TradeFinex.org receives any complaint or claim from any third party, TradeFinex.org has rational views to believe that such user has willfully or materially failed to perform the services as per mentioned on the site with such other party, b) TradeFinex.org has rational views to suspect that such user has used a fake debit or credit card or other wrong or deceptive information in any transaction with a counter party, c) TradeFinex.org has rational views to suspect that any details and information provided by the user is not recent or thorough or is false, incorrect, or deceptive, or d) TradeFinex.org considers that the User’s actions may affect financial loss or legal liability to TradeFinex.org or our affiliates or any other Users.

Each user approves to indemnify TradeFinex.org, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any subject matter, from your use of the Sites or Services, or from your breach of the Terms.

Each user further approves that TradeFinex.org is not liable, and shall have no liability to you or anyone else for any subject matter or other material being transferred over the Sites, including fake, incorrect, deceptive, wrong, offensive, violent or unlawful material and that the risk of damage from such material rests entirely with each user.

Liability and Damages

In no event, TradeFinex.org or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the TradeFinex.org Services, the TradeFinex.org Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the TradeFinex.org Services, the TradeFinex.org Platform (including any and all materials) or any reference sites/app/platform/service, even if TradeFinex.org or a TradeFinex.org authorized representative has been advised of the possibility of such damages. In no event, TradeFinex.org or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the TradeFinex.org Services, the TradeFinex.org Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the TradeFinex.org services, the TradeFinex.org Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with TradeFinex.org, however caused and whether arising in contract, tort including negligence, warranty or otherwise. You acknowledge and agree that TradeFinex.org has offered its services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and TradeFinex.org, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and TradeFinex.org. TradeFinex.org would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, TradeFinex.org liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold TradeFinex.org, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the TradeFinex.org Services or of the TradeFinex.org Platform; (ii) any violation by You of this Agreement or (iii) any breach of the representations, warranties, and covenants made by You herein. TradeFinex.org reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify TradeFinex.org, including rights to settle, and You agree to cooperate with TradeFinex.org defense and settlement of these claims. TradeFinex.org will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Ownership

The TradeFinex.org Services and the TradeFinex.org Platform are owned and operated by TradeFinex.org and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the TradeFinex.org Services and the TradeFinex.org Platform provided by TradeFinex.org (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and TradeFinex.org, all Materials, trademarks, service marks, and trade names contained on the TradeFinex.org Platform are the property of TradeFinex.org and/or third party licensors or suppliers. You agree not to remove, obscure, or alter TradeFinex.org or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the TradeFinex.org Services/TradeFinex.org Platform. Except as expressly authorized by TradeFinex.org, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. TradeFinex.org reserves all rights not expressly granted in this Agreement. If You have comments regarding the TradeFinex.org Services and/or the TradeFinex.org Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to TradeFinex.org, and shall assign to TradeFinex.org, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Waiver

No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies, it may have, in respect of any subsequent breach of that or any other provision.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any TradeFinex.org Service or the TradeFinex.org Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, TradeFinex.org may elect to resolve any Dispute by a binding arbitration through the Singapore International Arbitration Centre in accordance with the provisions of the laws of Singapore. The Dispute shall be resolved by an arbitrator, appointed in accordance with the laws. The seat of the arbitration shall be in Singapore and the language of this arbitration shall be English. Either You or TradeFinex.org may seek any interim or preliminary relief from a court of competent jurisdiction in Singapore necessary to protect the rights or the property belonging to You or TradeFinex.org (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor TradeFinex.org may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and TradeFinex.org. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

Governing Laws

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against TradeFinex.org must be resolved by a court having jurisdiction in Singapore. You agree to submit to the personal jurisdiction of the courts located within Singapore, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the Singapore laws.