Terms And Conditions
The following describes the terms on which Shivam Technologies Pty Ltd offers you access to our services.
IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS
Welcome to the user agreement (the "Agreement" or "User Agreement") for Shivam Technologies Pty Ltd (Aust) Pty Ltd. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.tradeterminal.com.au (the "Site").
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
This Site is for Adults & Incorporated Companies only. Our services are available only to those who can form legally binding contracts under applicable law. You may use this site and the services available while you are a registered user.
Shivam Technologies Pty Ltd as a platform
Shivam Technologies Pty Ltd is a platform which unites a business with their existing clients and new clients. As such, Shivam Technologies Pty Ltd is not directly connected between the two parties and as such, cannot verify and validate the accuracy, validity of the business. It is a known fact that it is rather difficult to identify people over the Internet. Therefore, the user has to decide if they wish to provide information or not. Shivam Technologies Pty Ltd cannot be held liable or responsible for false representation by dishonest business. Therefore, we request you be careful and exercise common sense and good judgment when dealing with any user on the Shivam Technologies Pty Ltd site.
The Site is Evolving
We may modify or improve this Site and its services according to the needs of our registered users. You are required to back up your account data to prevent data loss. Shivam Technologies Pty Ltd will not be held liable to the loss of data during any upgrade process.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold Shivam Technologies Pty Ltd liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site.
Third Party Content, Verification and Monitoring
Shivam Technologies Pty Ltd may make available to users on the Site various services provided by third parties ("Verification Service Providers") which verify a User's identity or credentials. Use of the services provided by Verification Service Providers in the Professional Marketplace is voluntary. To become a Select service provider, users must be authenticated by the applicable Verification Service Provider. See the section entitled "Select Service Provider Requirements" for details.
Shivam Technologies Pty Ltd is a distributor (and not a publisher) of content supplied by any third parties (including but not limited to Verification Service Providers) and users of this Site. We have no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of Shivam Technologies Pty Ltd . Shivam Technologies Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised Shivam Technologies Pty Ltd employees acting in their official capacities. Shivam Technologies Pty Ltd does not confirm or verify if a service provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You understand and acknowledge that Shivam Technologies Pty Ltd is not responsible for and does not monitor content for accuracy or reliability.
Your Conduct On Our Site
As much as we collect and store your personal information, it is imperative that when your personal details are required, you will provide accurate, current and complete information. You will ensure that your details are updated. If a password is issued, it is your responsibility to ensure the password is not revealed. Shivam Technologies Pty Ltd cannot and will not be held responsible for a breach of security. You will agree to immediately notify Shivam Technologies Pty Ltd at the first instance if a breach has occurred.
The technology and software essential to our sites and the Services is the property of Shivam Technologies Pty Ltd. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software essential to our sites or the Services. You agree not to modify the software essential to our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.
Without limiting the above mentioned, you agree that you will not use our sites to take any of the following actions:
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers or networks;
- Impersonate any person or entity, including, but not limited to, a Shivam Technologies Pty Ltd representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
- Engage in any illegal activities
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorised access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Shivam Technologies Pty Ltd for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.
Protection of Copyrights and Trademarks
The Site contains trademarks and other material furnished by Shivam Technologies Pty Ltd , its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Shivam Technologies Pty Ltd or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Shivam Technologies Pty Ltd 's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate; You must immediately destroy any copies You have made of the Site Content; and We may revoke Your authorization to use the Site.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Shivam Technologies Pty Ltd . Shivam Technologies Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if Shivam Technologies Pty Ltd believes that a User's conduct violates applicable law or is harmful to the interests of Shivam Technologies Pty Ltd and its affiliates.
Intellectual Property Policy
Shivam Technologies Pty Ltd respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, Shivam Technologies Pty Ltd may terminate the accounts of users who infringe upon the intellectual property rights of others.
The Site may contain links to other web sites or resources. You acknowledge and agree that Shivam Technologies Pty Ltd not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.
Limitation of Liability
NEITHER Shivam Technologies Pty Ltd NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Shivam Technologies Pty Ltd 'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10,000.00.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
Shivam Technologies Pty Ltd is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.
If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Reservation of Rights; Limited Licenses
Shivam Technologies Pty Ltd and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the Shivam Technologies Pty Ltd logo and name are trademarks of Shivam Technologies Pty Ltd , and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.
Except where expressly provided by Shivam Technologies Pty Ltd , nothing in this Use Agreement shall be construed to confer any license under any of Shivam Technologies Pty Ltd 's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
We do not certify that our site will be error free.
We are not responsible for any potential damages to your computer system or loss of data as a result of any material you download from our site. That is solely your responsibility.
You agree to defend, indemnify, and hold harmless Shivam Technologies Pty Ltd, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against Shivam Technologies Pty Ltd for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.
You are responsible for compliance with applicable local laws, keeping in mind that accessto the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of Shivam Technologies Pty Ltd . Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of Shivam Technologies Pty Ltd shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Shivam Technologies Pty Ltd.
This User Agreement will be governed by the law of Victoria, Australia, without regard to its conflicts of law provisions. Any dispute related to this Use Agreement will be settled in a binding arbitration under the arbitration rules of the American Arbitration Association. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred.
The User Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and Shivam Technologies Pty Ltd with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.