Terms and Conditions

Welcome to Hey Trade, a platform dedicated to vendor payments, owned and operated by HEYTRADE SOLUTIONS PRIVATE LIMITED ("we," "us," or "our"). Ensuring a reliable and secure payment processing experience for our vendors and partners is integral to our mission. Our dedication to transparency and fairness is evident in the rules and regulations outlined in our terms and conditions. By utilizing or accessing our vendor payment gateway, you acknowledge and agree to adhere to these terms and conditions. We encourage you to carefully review them to ensure a smooth and transparent payment process. Our foremost goal is to provide all our vendors with a seamless and secure payment experience.

INTRODUCTION

Third-Party Terms and Conditions: Certain features of our Platform and/or Services may be subject to additional terms and conditions from third-party suppliers. We do not control these suppliers and their services are governed by their own terms and conditions. It is your responsibility to familiarize yourself with these terms before using a service. Third-party terms and conditions may vary and can be changed without notice. They are an integral part of our terms and conditions, and third-party suppliers have the right to enforce them.

License to Use: You are granted a limited, non-transferable license to use our Platform in accordance with these terms and conditions. We reserve the right to revoke this license at any time.

Lawful Purposes: You agree to use our Platform and Services only for lawful purposes, without infringing on the rights of others.

Certain Restrictions: Your rights under these terms and conditions are subject to certain restrictions. You may not modify, disassemble, or reverse engineer any part of our Platform. You may not use our Platform to create similar applications or services. Except as expressly stated, you may not copy or distribute our Platform without our consent. Copyright notices must be retained on all copies.

Prohibited Activities: During your use of our Platform, you may not harass other users, violate their privacy, interfere with their use of the services, upload viruses, or act offensively. Your actions must comply with applicable laws and cultural sensitivities.

Updates and Modifications: We reserve the right to amend these terms and conditions, suspend or discontinue our Platform or Services, and delete accounts without prior notice.

No Support or Maintenance: We are not obligated to provide support or maintenance for our Platform unless expressly agreed upon. We do not guarantee protection against viruses or other harmful code.

Applicability: These terms and conditions apply each time you use our Platform. They may be amended from time to time at our discretion.

B2B Marketplace: Our marketplace is intended for corporate bodies registered in specific jurisdictions. Use of the Platform outside these jurisdictions is at your own risk. The information and services provided are not intended for distribution in jurisdictions where it would be unlawful.

Availability Restrictions: We reserve the right to limit the availability of our Platform to certain users or jurisdictions at our discretion.

Compliance and Jurisdiction: By using our Platform, you agree to comply with all applicable laws and regulations. Our services are governed by the laws of the Republic of India and, depending on the jurisdiction. You accept that using our Platform outside these jurisdictions may subject you to additional legal requirements.

Reservation of Rights: We reserve all rights not expressly granted in these terms and conditions. This includes the right to enforce our terms, protect our intellectual property, and take action against violations of our policies.

Indemnification: You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of our Platform or Services, including any violation of these terms and conditions.

Severability: If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contact Information: If you have any questions or concerns about these terms and conditions, please contact us at heytradesolutionsprivatelimite@gmail.com.

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Your continued use of our Platform constitutes acceptance of any updates or modifications to these terms.

ABOUT OUR SERVICES

Hey Trade offers a comprehensive Procurement Management Solution alongside a Marketplace.

The "Procurement Management Solution" feature provides a cloud-based platform for companies to efficiently execute and oversee their procurement activities. This includes functionalities such as budget management, invoice handling, and supplier management.

The "Marketplace" feature serves as a B2B marketplace offering a wide range of products supplied by various vendors. This marketplace can either be accessed directly or integrated as a supplier directory within our procurement management solution. Currently, the Marketplace feature is exclusively available in India, allowing users to browse, compare, and purchase products directly from leading suppliers within the country.

The availability of features, functions, and options on your account depends on the package, account type, and subscription purchased. Full details regarding these offerings will be provided in the Enrolment Application and/or Additional Agreement.

It is your responsibility to ensure access to the internet and necessary equipment required to utilize our Platform and Services.

CREATING AN ACCOUNT WITH US

GENERAL:
To access our Platform as either a Member or a Supplier, you must create an account with us. The specific requirements for registering will depend on the type of account you wish to establish. Upon account creation, you'll need to provide details such as your email address, phone number, and relevant company documents. Failure to provide the necessary information may result in your registration being rejected.

Eligibility criteria for account registration include being a duly registered corporate entity in your country and having a current, active, and valid company license and VAT certificate if applicable. Additionally, the individual representing your organization must be authorized and legally capable of entering into contracts on behalf of your organization.

Upon successful account creation, you'll receive a profile on our Platform. It's your responsibility to ensure the accuracy of the information you provide during registration and to update it regularly. We may request supporting documents to verify the information provided, and reserve the right to remove or suspend accounts with inaccurate information.

All interactions and information shared through your account must comply with applicable laws, rules, and regulations. This includes ensuring that content is accurate, ethical, and respectful of cultural sensitivities. You're also responsible for keeping your login information secure and confidential, and may not share it with others or allow anyone else to access your account.

We reserve the right to approve or reject account creation requests, suspend or delete accounts, at our discretion, without liability.

FOR MEMBERS:

As a Member, you may qualify for a super user-account that allows you to create sub-accounts, each with its own unique username and password, granting different access rights. Details regarding your account type, rights, and any associated limitations are fully outlined in your Enrolment Application and/or Additional Agreement.

FOR SUPPLIERS:

All Suppliers must maintain their status as licensed manufacturers and/or Suppliers in India throughout their usage of our Platform and Services. We reserve the right to request relevant documents and updates as necessary. Buyers also have the right to request this information from Suppliers before engaging in services. While we do not guarantee the accuracy, reliability, or quality of Suppliers or their services, Users are advised to exercise caution and remain responsible for their interactions and property.

Hey Trade may collaborate with payment service providers to facilitate various payment services within the platform and marketplace. Supplier information, including order details, product images, and invoice amounts, may be shared with these payment providers with the Supplier's authorization.

Transactions occur directly between the Supplier and the customer. Hey Trade does not act as a Supplier, biller, or intermediary between them. Therefore, invoices are issued directly by the Supplier to the customer. Suppliers authorize Hey Trade to issue invoices and payment receipts on their behalf for direct purchases and accepted orders.

Suppliers' profiles contain information such as business name, specialized services, and product details, which are visible to other Users. This information may appear across various sections of our Platform and in marketing materials produced by Hey Trade.

PRODUCT POLICY FOR THE MARKETPLACE

General Guidelines:

The Supplier agrees not to list, market, promote, offer for sale, or sell any Products through the Platform in violation of these Terms and Conditions. The Supplier must adhere to applicable laws, regulations, industry standards, packaging and product safety requirements, product testing, labeling, and pricing regulations. Products should only be sold on the Platform if the Supplier has the legal right to do so.

Prohibited Listings:

We reserve the right to prohibit or request that the Supplier refrain from listing certain Products or providing certain Product Content. Additionally, we may, at our discretion, remove listings in response to notices of copyright infringement, trademark misappropriation, or other intellectual property claims. If we request the removal of Products or Product Content, the Supplier must make commercially reasonable efforts to comply within 24 hours to ensure they are no longer visible to users on the Platform.

Product Content:

The Supplier is required to provide accurate product names, information, media, materials, links, images, and technical specifications (collectively referred to as "Product Content") to us for uploading onto the Platform. The Supplier warrants that all provided Product Content is truthful and accurate. By providing Product Content, the Supplier grants us and our affiliates, service providers, and marketing partners a non-exclusive, royalty-free, perpetual, sublicensable, irrevocable right and license to use Supplier Marks and Product Content for various purposes, including advertising, marketing, and promoting Products through the Platform and other mediums. We may also permit third parties to share and post Product Content. However, we shall not be held liable for the use of these rights and licenses provided by the Supplier.

Access to Upload Product Content:

We may, at our discretion and without obligation, provide the Supplier with access to directly upload Product Content on the Marketplace. If such access is granted, the Supplier must adhere to system guidelines available on the Platform and comply with these Terms and Conditions, as well as any additional communicated terms.

SUPPLIER CODE OF CONDUCT

As a supplier on Hey Trade marketplace, it is imperative to uphold integrity and fairness to ensure a secure buying and selling environment. All suppliers are required to:

1. Commit to completing all transactions initiated through Hey Trade platform, including those initiated through our RFQ/Offer feature, customer calls, or Hey Trade chatting system. Completion of a transaction via Hey Trademeans settling payment through Hey Trade available payment methods.
2. Conduct any subsequent transactions with the customer through Hey Trade platform. Transferring subsequent transactions outside of Hey Trade marketplace is considered a violation of Hey Trade supplier code of conduct.
3. Provide accurate information to Hey Trade and our customers at all times.
4. Act fairly and refrain from misusing Hey Trade features or services.
5. Refrain from attempting to damage or abuse another supplier, their listings, or ratings. 
6. Avoid influencing customers' ratings, feedback, and reviews.
7. Refrain from sending unsolicited or inappropriate communications.
8. Contact customers only through Buyer-Supplier Messaging.
9. Avoid attempting to circumvent the Hey Trade sales process.
10. Operate only one selling account on Hey Trade unless a legitimate business need requires otherwise.

Violation of the Code of Conduct or any other Hey Trade policies may lead to actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges.

Communications:

Suppliers are prohibited from sending unsolicited or inappropriate messages. All communications with customers must be conducted through Buyer-Seller Messaging and be necessary for fulfilling orders or providing customer services. Marketing communications are strictly prohibited.

Customer Information:

Suppliers who receive customer information for order fulfillment purposes must use it solely for that purpose and delete it after processing the order. Customer information may not be used to contact customers (except through Buyer-Seller Messaging) or shared with any third party.

Hey Trade considers every customer using our marketplace feature, whether through our marketplace directory within our B2B procurement management solution or the marketplace public website, as a Hey Trade referred customer. Transactions with such customers are subject to Hey Trade service fees unless otherwise specified in a separate agreement.

Buyer Behavior:

Buyers are prohibited from attempting, requesting, or soliciting the transfer of any Hey Trade supplier to a regular vendor on our procurement solution.

Circumventing the Sales Process:

Suppliers may not attempt to bypass the Hey Trade sales process or redirect Hey Trade customers to another website. This includes providing links or messages that encourage users to visit external websites or complete transactions elsewhere.

LIABILITY

To the fullest extent permitted by applicable laws, we shall not be held liable for any loss of profits, data, or indirect damages arising from or related to these Terms and Conditions or your use of our Platform and Services. Your access to and use of our Platform and Services is entirely at your own risk. You agree to indemnify and hold us (including our affiliates, officers, employees, and agents) harmless from any claims or demands arising from your use of our Platform, violation of these Terms and Conditions, or breach of applicable laws.

We shall not be liable for any breach of these Terms and Conditions or resulting costs and expenses caused by events beyond our reasonable control, such as acts of God, natural disasters, war, government regulations, labor disputes, or power failures.

Any interactions you have with other Users or third parties are solely your responsibility. We are not obligated to mediate disputes between Users. By using our Platform, you release us and our affiliates from any claims or disputes arising from your interactions with other Users.

Each transaction on the Marketplace is an agreement solely between the Buyer and the Supplier. We do not guarantee the quality of services provided by Suppliers or the availability of their services. Buyers and Suppliers are independent contractors, and we have no control over their actions.

These Terms and Conditions do not affect your legal rights under mandatory consumer protection laws that cannot be excluded or limited by applicable law.

INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets (collectively referred to as "Intellectual Property") in our Platform and its content are owned or shall be owned by us or our Suppliers. These Terms and Conditions do not transfer to you or any third party any rights, title, or interest in or to such Intellectual Property, except for the limited access rights expressly granted herein. We reserve all rights not explicitly granted in these Terms and Conditions, including those reserved for our third-party providers.

THIRD-PARTY LINKS & ADS; OTHER USERS

Our Platform may include links to third-party websites and services and display advertisements for third parties (referred to collectively as "Third-Party Links & Ads"). We do not review, approve, monitor, endorse, warrant, or make any representations regarding any Third-Party Links & Ads found on our Platform, and we explicitly disclaim any liability in relation to them. Access to Third-Party Links & Ads is provided for your convenience only, and your use of them is at your own risk. When accessing Third-Party Links & Ads, additional terms and conditions are likely to apply, including the third party's privacy and data gathering practices. You should conduct any necessary investigations before proceeding with any transactions or accessing any Third-Party Links & Ads.

TERM AND TERMINATION

These Terms and Conditions, along with the Legal Documents, shall remain in effect throughout your use of the Platform or receipt of Services. We retain the right to suspend or terminate your access to the Platform or Services at our discretion, for any reason. Upon termination of your rights under these Terms and Conditions, your account and access to the Platform or Services will be immediately revoked. We shall not be held liable for any consequences resulting from termination. Despite termination, certain provisions of these Terms and Conditions will persist and remain enforceable.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions are governed by the laws of the Republic of India. Any disputes arising from these Terms and Conditions shall be resolved amicably between us within ninety (90) days. Failure to reach an amicable resolution will result in the dispute being referred to and finally settled by the India Centre for Commercial Arbitration, excluding claims for injunctive relief.

DISCLAIMERS

Our Platform and all information provided herein are offered on an "as is" basis. Except as explicitly stated in these Terms and Conditions and to the extent permitted by applicable law, we explicitly disclaim all warranties and conditions of any kind, whether express, implied, or statutory. This includes warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee that our Platform or the Services will meet your requirements or expectations, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, free of viruses, or devoid of other harmful code at all times. If applicable law mandates any warranties regarding our Platform or Services, such warranties are limited in nature and duration to the minimum requirements mandated by law.