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Texspares -Terms and Conditions
Welcome to use web services provided by texspares.com (hereinafter referred to as "we", "web sites", “services” or "texspares.com". By accessing our web sites you ("you" or "User") agree to be bound by the terms and conditions of this User Agreement. Please read them carefully.
1. General Provisions
www.texspares.com (texspares.com) is an Internet based public marketplace that enables professionals to efficiently find, buy and sell products, vehicles and machineries. Texspares.com provides you with the leading manufacturers' and dealers' latest selections, machines from private sellers as well as useful supplementary services. Texspares.com acts as a link between potential buyers and sellers.
The principal purpose of these web sites is to display Used products & real estate advertisements on the Internet. Any sale agreement on Used products & real estate that has been advertised at the web sites is made solely between the buyer and seller. Texspares.com is not a party to any such agreement. All information on particular piece of Used products & real estate ("Information") originates from the seller and not Texspares.com. Texspares.com is not responsible for and does not guarantee the performance or suitability to any particular purpose of any such piece of Used products & real estate.
The material that appears on the web sites is given for informational purposes only. Although we hope that all users of the web sites will act with diligence and follow good practise, we cannot verify the Information they supply. Before purchasing a any Used products or real estate or any services you have read about on our web sites, you should confirm with the seller any Information (including the price) that is important to your purchasing decision. When buying a piece of Used products or real estate please use your own judgement in the same way you would when buying similar items through a newspaper advertisement.
Should you decide to purchase any Used products or real estate or any service as a result of Information obtained from your visit to Texspares.com web sites, your contracting party would not be Texspares.com but the seller of such item. www.texspares.com shall not be liable in any way for the condition of any such product, the performance of any such service or any other action taken by any of these third party vendors. You agree that texspares.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase and/or use of any machine, tooling, equipment or other item or service at the Web site.
Further to your release above, in the event of any controversy or dispute regarding any transaction conducted through use of the Services or the Web site (a "Dispute"), you hereby release www.texspares.com, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.
To obtain access to Texspares.com services, you are required to a) give your contact details and other personal information by filling in a registration form provided online and b) agree to be bound by this User Agreement. Texspares.com retains the information you provided so that you may use the web site without having to re-enter your information. Only legally competent persons may register as a user of the web sites.
By registering as a user you assure that the disclosed information is true and accurate and that you will promptly update any changes to the information under My Settings on the site. Texspares.com has the right to refuse any future use of the web site if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you do not follow the terms and conditions of this User Agreement. Texspares.com may additionally resort to any available legal remedies.
As part of the registration process you are requested to select a user name and a password. It is your responsibility to preserve the confidentiality of the user name and password and notify Texspares.com by e-mail (email@example.com) of any known or suspected unauthorized use of the user name and password. Until receipt of such notification you are responsible for all use of the user name and password.
Texspares.com is committed to protecting the privacy of the users of its web site and uses all reasonable efforts to ensure that the retained data is protected against unauthorized access. No security system is impenetrable and therefore we cannot guarantee the security of our database, nor can we guarantee that the information you supply won't be intercepted while being transmitted to us over the Internet.
Texspares.com has the right to use and disclose to third parties your user information (e.g. user name and e-mail address) unless you specifically instruct us otherwise. Information may be disclosed to parties that we believe might be of interest to you, such as vendors of Used products & real estate and services. Information is disclosed within the extent of applicable law.
By using the services you give your consent to these privacy provisions.
By inputting or sending your advertisement to Texspares.com you request that the advertisement be published on our services. A valid contract is made between Texspares.com and the user once we have verified and accepted your advertisement copy. It is the seller’s responsibility to specify where each advertisement is to be published on Texspares.com Plus (seller’s own Used products & real estate on his own homepage) and/or in the seller’s own intranet/extranet service. Texspares.com reserves the right to reject or withdraw an advertisement at its discretion.
Texspares.com will contact you by e-mail if your advertisement for some reason is not fit for publication. Texspares.com may deny access to the web site for users that do not act professionally or in accordance with good practice. The preconditions for publishing are evaluated individually for each advertisement.
Advertisements are individual and may contain only Information on Used products or real estate or any service. It is your responsibility as the seller to give true and complete product information on Used products or real estate or any service and its condition as well as all other details that might be relevant for a potential buyer in accordance with applicable law, administrative statutes and good business practice. You agree to be bound by the guarantee, price and other information you have given on the advertisement.
When the Used products or real estate or any service has been sold it is your responsibility to remove the advertisement from the web site(s). You are also responsible for promptly answering all requests, messages and offers you receive as a result of the advertisement. Purchase offers received through the web site are not binding unless the offer contains full details on the material substance of the transaction, such as terms of delivery and payment.
When you submit an advertisement to Texspares.com for publication, you agree that all intellectual property and ownership rights on the advertisement as it appears on the web site are transferred to Texspares.com. We may edit, sort, copy and publish the Information in whole or in part. Commercial or technical Information may not, however, be edited.
We are not able to verify the truthfulness of any Information or statement disclosed in the advertisements. Accordingly, you as the disclosing User shall be responsible for any losses, expenses or other costs we incur as a result of an untrue statement you deliberately made or provided.
You have the right to cancel the advertisement for any reason at any time.
Due to Texspares.com data indexing intervals and security measures, paid ads and their content are not instantly visible online on the Texspares.com public marketplace or the partner portals. The indexing intervals might vary due to server load. Ads by Texspares.com invoiced customers are usually online in a matter of hours. To ensure the security of our customers and visitors, private ads are checked for fraudulent, misleading or illegal content. This verification can take up to 72 hours until they are visible on the Texspares.com marketplace.
If an accepted advertisement for some reason does not appear on the web site at all you shall be entitled to a refund of the advertisement price unless the omission is caused by unforeseen circumstances beyond our reasonable control or because of your breach of this Agreement. Our liability for breach of contract or negligence shall not exceed an amount equal to the price of the advertisement.
5. Prices and Terms of Payment
You may register as a user of the web site(s), read advertisements, contact the seller, place purchase offers and Want ads free of charge. Placing an individual advertisement on Texspares.com site is subject to charge as specified in a price list that is valid at the time. The applicable rate of VAT will be added to all prices.
Payments for advertisements are made through web banks or direct payment. Links to such banks are available on the home page of Texspares.com. No advertisement will be published before due payments have been made. Contract customers that advertise their Used products or real estate or any service a regular monthly basis, are invoiced for the services in use. Club Texspares.com membership fees are invoiced before the start of the period.
6. Product Information
Texspares.com wants to draw your attention to the fact that all Information on Used products or real estate or any service, advertised in the web sites originates entirely from the seller of such Used products or real estate or any service. The seller alone has evaluated and given his opinions on the condition of this piece of Used equipment. The evaluation is therefore not made by any impartial third party and Texspares.com does not take any responsibility for the truthfulness or accuracy of such evaluation.
7. Intellectual Property Rights
All content such as text, graphics, software and other material of the web site as well as the arrangement and compilation of such content are the property of Texspares.com and protected by Finnish copyright laws. All use including distribution, publication, reproduction, display or other exploitation of the content on the web site is strictly prohibited unless expressly authorized in writing by us.
8. Indemnity and Limitation of Liability
The contents of the site is provided "as is" and "as available". No warranty, either express or implied, is made in relation to the accuracy, reliability or contents of the site. Texspares.com will indemnify errors in services that are liable to charge if the error was caused by negligence on our part. We will either correct such error or indemnify the direct damage caused by the error. The choice between these remedies is to be made at our sole discretion and in any case the indemnification is limited to the price paid for the advertisement.
Texspares.com cannot be held liable for any indirect damages whatsoever or damages caused by circumstances beyond our reasonable control or originating from the User or any third party.
We do not warrant that the site or the servers that provide it are free of errors, viruses or other harmful components. We reserve the right to alter the site or withdraw access to it at our sole discretion.
Within the web site you may find links or references to third party materials and websites. While we encourage you to consult such websites, we assume no responsibility for material created or published by such sites and the presence of such links does not indicate approval or endorsement of any material or product information contained on any linked site.
Texspares.com may at any time delete, modify or supplement the content of the web site without prior notice. We reserve the right to terminate, change, suspend or discontinue any aspect of the web site in whole or in part at our sole discretion. The web site may be temporarily unavailable for maintenance or other reasons.
10. Amendments to Agreement
Internet is an evolving medium. Texspares.com may change the terms of this User Agreement from time to time in which case we will post the revised terms on the web site. By continuing to use this service following such changes you agree to be bound by the amended User Agreement.
If you have any comments or improvement suggestions regarding the web site, please forward your comments and/or a copy of the material you believe to be inaccurate to the address (firstname.lastname@example.org), along with an explanation of your objection or suggestion.
12. Invalidity of Provisions
If any provision or provisions of this User Agreement shall be held to unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law.
13. Force Majeure
A party may delay performance of an obligation under this Agreement if it cannot perform the obligation because of an event that is beyond its reasonable control and was not reasonably foreseeable when the Agreement was made. This event includes but is not limited to the following: strike, lockout, telecommunications failure, fire, theft, water damage, sabotage and vandalism.
14. Term and Termination
These terms and conditions come into effect when you accept them and they are in force until further notice. Texspares.com may at any time and at its sole discretion deny access to the web site from a User that does not follow these terms and conditions or disturbs other users or the web site itself.
The headings of the clauses in this Agreement shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof.
16. Governing Law and Jurisdiction
This User Agreement and the relationship between the user and Texspares.com shall be governed by and interpreted in accordance with the laws of India excluding its rules for choice of law. All disputes that cannot be solved amicably shall be finally settled by the district court of Coimbatore,India.
17. Information on Texspares.com
303-B PSG STEP Software Park- II, Peelamedu,
Coimbatore- 641 004, INDIA
Tel: +91 422 2595080