In terms of Information Technology Act, 2000, this document is an electronic record.
Being generated by a computer system it does not require any physical or digital
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing
The domain name www.mtlexs.com (hereinafter referred to as
"Website" or “Mtlexs.com”)
is owned by Mtlexs Online Private Limited a company incorporated under the Indian
Companies Act, 2013, having its registered office at 2B, 1st floor, Karuna building,
Opp. ManavMandir road, Mumbai – 400006. (Hereinafter referred to as “The Company”
The use of this website by you is solely governed by this policy and any policy
so mentioned by terms of reference. Moving past home page, or using any of the services
shall be taken to mean that You have read and agreed to all of the policies so binding
in You and that You are contracting withMtlexs.com and have undertaken binding obligations
or "User" shall mean any natural or legal person who has agreed
to become a member on the Website by providing registration data while registering
on the Website. The site also provides its services without registration, which
does not absolve you of this contractual relationship. The term "We",
"Us", "Our" shall mean mtlexs.com
You will be subject to the rules, guidelines, policies, terms and conditions applicable
to any service that is provided by this site, and they shall be deemed to be incorporated
You or informing You. The relationship creates on You a duty to periodically check
the terms and stay updated on its requirements. If You continue to use the website
following such a change, this is deemed as consent by You to the so amended policies.
non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO
USE CAREFULLY BEFORE PROCEEDING.
be amended from time to time.
If you have any questions about the terms, the practices of this site or your dealings
with this Website, you can contact
2. MEMBERSHIP ELIGIBLITY
The membership of this website is available only to those above the age of 18(Eighteen)
barring those ‘Incompetent to Contract’ which inter alia includes insolvents and
the same is not allowed to minors as described by the Indian Contract Act, 1872.
If You are a minor and wish to use the website, you may do so through your legal
guardian and Mtlexs.com reserves the right to terminate your account on knowledge
of You being a minor and using the membership of the site.
The use of this website is not limited to those above the age of 18(Eighteen) only
and are applicable to all barring those ‘Incompetent to Contract’ which inter alia
include insolvents under the Indian Contract Act, 1872.
3. Your Account and Registration Obligations
You are solely responsible for protecting the confidentiality of your username and
password and any activity under the account will be deemed to been done by you.
In the case that you provide us with false and inaccurate details or Mtlexs.com
has reasonable reasons to believe you have done so, we hold the rights to permanently
suspend your account.
By using this website, it is deemed that you have consented to receiving calls,
autodialed and/or pre-recorded message calls, from Us at any time with the use of
the telephone that has been provided by you for the use of this website which are
received through other parties. The use of this website is also your consent to
receive SMSs from Us at any time we deem fit. This consent to be contacted is for
purposes that include and are not limited to clarification calls and marketing and
promotional calls. In case you wish to stop contact from Us for the same, you may
send us a mail to the effect at
You may also be contacted by Service Providers with whom we have entered into a
contract in furtherance of our rights, duties and obligations under this document
and all other policies followed by Us. Such contact will be made only in pursuance
of such objectives, and no other calls will be made.
and We will not give out such contact information of yours to third parties not
connected with the Website.
The membership of this website is free of cost and this includes the browsing of
the site and the use of the services. However, we reserve the right to amend this
no-fee policy and charge for the services rendered. In a case that such happens,
Users will be intimated of the same, and it will be up to you to decide whether
or not you will continue with services offered by us. Such changes are effective
as soon as they are posted on the Website.
6. THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music and artwork (collectively, "Content"), is
a third party user generated Content and We have no control over such third party
user generated Content as We are merely an intermediary for the purposes of this
Other than when provided for, the use of such Content and it being reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed
in any way (including "mirroring") to any other computer, server, Website or other
medium for publication or distribution or for any commercial enterprise, without
Our express prior written consent is not allowed.
The Content that you post will become Our property and You grant Us the worldwide,
perpetual and transferable rights in such Content. We shall be entitled to, consistent
or any of its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include the Content
You provide and are not entitled to any payment or other compensation for such use.
We take reasonable care to ensure accuracy of the information on our website but,
You agree not to make us liable for the falsification of any such provided information.
7. WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that Users utilize to meet and interact with one another
for their transactions. We are not a party to such interaction and take no liability
that arises from any such communication.
- All communication which inter alia includes the contract, its terms, your obligations,
the vendors obligations, prices, etc are outcomes of the communication between the
vendor and You. This includes, without any limitation, the prices, period and mode
of delivery, shipping costs (in case of goods), payment details, date and warranties
related to products and services and after sales services related to products and
services. We do not have any control over such information and play no determinative
role in the finalization of the same and hence do not stand liable for the outcomes
of such communication.
- We do not endorse or promote any of the products or servicesoffered on the website
nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between the vendor and the customer
and as such any breach of contract and thus any claim arising from such breach is
the subject matter of the vendor and the customer alone and we are in no way a party
to such breach or involved in any suit arising from the same breach. The contact/communication
arising from such breach may entail between the vendor and the customer directly
without Us being involved. We are only the facilitator between the vendor and customer
and we have no involvement with respect to quality of the goods, any cash/credit
payment due between both the parties, or any other issues relating to delivery of
the product, any other transaction, communication or contract, Mtlexs would not
involve itself and in no way be liable for any breach of contract/claim between
- As the customer, you are expected to check the creditworthiness of the vendor and
the genuineness of the products and services offered by them. We are not liable
for the same.
- As the contract is limited to the vendor and the customer and not Us, we are in
no way liable for any deficiency of service that may arise which includes and is
not limited to cancellation of the customer’s order due to low stocks, defected
goods, and defective nature of goods, lack of free dates, overbooking of services
or for any other reason.
- As we hold no possession, nor title of the products at any time, or enter/determine
the communication between the customer and the vendor or determine its outcome,
the contract is purely a bipartite contract between the customer and the vendor
and We are not responsible for claims arising from such a contract. Disclaimer:
Due to some technical issue, typographical error or product information published,
Pricing on any product(s) as is reflected on the Website by vendor may be incorrectly
reflected and in such an event vendor may cancel such your order(s).
- We may display advertisements on our website. These advertisements are paid for
by the respective vendors and we do not in any way promote or endorse the goods
or services offered through these advertisements nor place any guarantee as to its
nature, price, quality, etc.
- You release and indemnify us and/or any of its officers and representatives from
any cost, damage, liability or other consequence of any of the actions of the Users
of the Website and specifically waive any claims that you may have in this behalf
under any applicable law. Please note that there could be risks in dealing with
underage persons or people acting under false pretense.
8. IPR AND TRADEMARKS
The individual or the entity whose agent accesses any file within Our Website or
any information within any file (hereinafter together referred to as "Information"),
expressly acknowledges that the Website was prepared through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort and money. This Website contains many trademarks and
service marks of the Company and third-parties. All marks are the property of their
respective companies. All rights in the intellectual property contained in this
Website including copyright, trademarks, trade secret and patent rights are reserved.
Access to this Website does not constitute a right to copy or use any of the intellectual
property of the Company or its suppliers. The user agrees to protect all copyright
and other proprietary rights of Mtlexs and its third party licensors in the Website.
They shall honour and comply with reasonable written requests made by Mtlexs to
protect the Company and its licensor's contractual statutory and common law rights
in the Website
9. LINKS TO OTHER SITES (HYPERTEXT LINKS)
The Website may be linked to other sites, which are not maintained by the Company.
The Website is not responsible for the Content of those sites. The inclusion of
any link to such sites does not imply endorsement, sponsorship, or recommendation
by the Company of the other such sites.
10. USER OBLIGATIONS
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer,
distribute, disseminate, post, publish or create derivative works from, transfer,
or sell any information or software obtained from the website. With our prior permission
limited use may be allowed. For the removal of doubt, it is clarified that unlimited
or wholesale reproduction, copying of the Content for commercial or non-commercial
purposes and unwarranted modification of data and information within the Content
of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials
or Services by any means other than through the interface that is provided by the
website. The use of deep-link, robot, spider or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Website or Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Website, materials
or any Content, to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website. You acknowledge
and agree that by accessing or using the Website or services, You may be exposed
to Content from other users that You may consider offensive, indecent or otherwise
objectionable. We disclaim all liabilities arising in relation to such offensive
Content on the Website. Further, You may report such offensive Content.
- In places where this website allows you to post or upload data/information, You
undertake to ensure that such material is not offensive and in accordance with applicable
laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or
the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever; or unlawfully threatening or unlawfully harassing including but
not limited to "indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's computer;
- Download any file posted by another user of a Service that you know, or reasonably
should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to
the Website, nor breach the security or authentication measures on the Website or
any network connected to the Website. You may not reverse look-up, trace or seek
to trace any information on any other user, or visitor to, the Website, or any other
customer of the website, including any website Account not owned by You, to its
source, or exploit the Website or Service or information made available or offered
by or through the Website, in any way whether or not the purpose is to reveal any
information, including but not limited to personal identification information, other
than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or accessible
through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct
and activities set forth in this Section.
- Use the Website or any material or Content for any purpose that is unlawful or prohibited
other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or
to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or
Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or
to any particular service;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission
of any cognizable offence or prevents investigation of any offence or is insulting
any other nation.;
- Publish, post, disseminate information that is false, inaccurate or misleading;
violate any applicable laws or regulations for the time being in force in or outside
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the dealing of which is prohibited or restricted in any manner under the provisions
of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for Us or cause Us to lose (in whole or in part) the services of
Our internet service provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or solicitation of, other Users of the Website
to buy or sell any products or services, including, but not limited to, products
or services related to that being displayed on the Website or related to us. You
may not transmit any chain letters or unsolicited commercial or junk email to other
information obtained from the Website in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to another person
other than Us without Our prior explicit consent. We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or other
government officials, as we, in Our sole discretion, believe necessary or appropriate
in connection with the investigation and/or resolution of possible crimes, especially
those that may involve personal injury. In order to protect Our Users from such
advertising or solicitation, We reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period which We deems
appropriate in its sole discretion. You understand that We have the right at all
times to disclose any information (including the identity of the persons providing
information or materials on the Website) as necessary to satisfy any law, regulation
or valid governmental request. This may include, without limitation, disclosure
of the information in connection with investigation of alleged illegal activity
or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the materials posted on the Website. We shall
have the right to remove or edit any Content that in its sole discretion violates,
or is alleged to violate, any applicable law or either the spirit or letter of these
CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In
no event shall We assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content and/or
appearance of Content on the Website. You hereby represent and warrant that You
have all necessary rights in and to all Content which You provide and all information
it contains and that such Content shall not infringe any proprietary or other rights
of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable
The website, services and other materials are provided by this website is on an
"as is" basis without warranty of any kind, express, implied, statutory or otherwise,
including the implied warranties of title, non-infringement, merchantability or
fitness for a particular purpose. Without limiting the foregoing, we make no warranty
- Your requirements will be met or that services provided will be uninterrupted, timely,
secure or error-free;
- Materials, information obtained and results will be effective, accurate or reliable;
- Any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related
to user content arising under intellectual property rights, libel, privacy, publicity,
obscenity or other laws. We also disclaim all liability with respect to the misuse,
loss, modification or unavailability of any user content. The user understands and
agrees that any material or data downloaded or otherwise obtained through the website
is done entirely at their own discretion and risk and they will be solely responsible
for any damage to their computer systems or loss of data that results from the download
of such material or data. We are not responsible for any typographical error leading
to an invalid coupon. We accept no liability for any errors or omissions, with respect
to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement
available on e-mail or website with respect to the third party website or the products
and services are for information purpose only.
12. Indemnification and limitation of liability
You agree to indemnify, defend and hold harmless this website including but not
limited to its affiliate vendors, agents and employees from and against any and
all losses, liabilities, claims, damages, demands, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by us that arise out of, result from, or may be payable
by virtue of, any breach or non-performance of any representation, warranty, covenant
or agreement made or obligation to be performed by you pursuant to these terms of
use. Further, you agree to hold us harmless against any claims made by any third
party due to, or arising out of, or in connection with, your use of the website,
any claim that your material caused damage to a third party, your violation of the
In no event shall we, its officers, directors, employees, partners or suppliers
be liable to you, the vendor or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from loss
of use, data or profits, whether or not foreseeable or whether or not we have been
advised of the possibility of such damages, or based on any theory of liability,
including breach of contract or warranty, negligence or other tortious action, or
any other claim arising out of or in connection with your use of or access to the
website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted
by applicable law
13. COMPLIANCE WITH LAWS
Members shall comply with all the applicable laws (including without limitation
Foreign Exchange Management Act, 1999 and the rules made and notifications issued
there under and the Exchange Control Manual as may be issued by Reserve Bank of
India from time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering
Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976
and the rules made there under, Income Tax Act, 1961 and the rules made there under,
Export Import Policy of government of India) applicable to them respectively for
using Payment Facility and the website.
14. DISPUTES, JURISDICTION AND GOVERNING LAW
The laws of India shall govern this Terms of Service.
All disputes involving but not limited to rights conferred, compensation, refunds,
and other claims will be resolved through a two-step Alternate Dispute Resolution
- Stage 1: Mediation. In case of dispute, the first attempt to resolve
the matter will be by a sole mediator who is a neutral third party and will be selected
at the mutual acceptance of a proposed mediator by both parties. Both parties may
raise a name for sole arbitrator and in the case both parties accept the proposed
name, the said person shall be appointed sole mediator. In the case the parties
are not able to reach a consensus within two proposed mediators, the Partnership
reserves the right to decide whom the final mediator is. The decision of the mediator
is not binding on both parties however; the parties in good faith will attempt to
bind by the decision.
- Stage 2: Arbitration In the case that mediation does not yield
a result suitable or preferred by any one of the parties, arbitration may follow,
the award of which is binding on both parties. The Arbitration Board is to comprise
three members. One is to be appointed by each party and the third member is to be
nominated by the two appointed members by mutual consent between them. The award
as the outcome of the arbitration is final and binding on both parties and there
shall be no further remedy available to both parties. The arbitration proceedings
will take place in the English Language and will be situated in Mumbai,State of
Maharashtra. The mode of appointment of the arbitrators is as provided above.
In case of the failure of the abovementioned dispute resolution mechanism, the dispute
shall be referred to courts in Mumbai, and the parties shall submit to the jurisdiction
of courts in Mumbai.