Terms of Use

1. Introduction

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

The domain name www.Metalstreet.in (hereinafter referred to as the “Website”) is owned by Virtual Metalstreet Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at #603, Tulip, 6 Floor, Prestige Exotica, Cunningham Cresent Road, Vasanth Nagar, Bangalore - 560052 (hereinafter referred to as “Metalstreet/We”).

These Terms of Use (“Terms of Use”) when accepted by You (defined below) becomes a binding agreement between You and Metalstreet. You agree to be bound these Terms of Use by continuing to access the Website or obtaining the Services.

We reserve the right to modify these Terms of Use without Your consent. We may inform the Users regarding modifications to the Terms of Use by displaying a banner statement on the Website or including a statement regarding modifications on the page of the Terms of Use. If You continue to access the Website after information regarding the modifications is published, You shall be deemed to have accepted the revised Terms of Use.

By clicking “I Agree” appearing at the end of this page, You agree to be bound by these Terms of Use.

2. Definitions

  • 2.1. “Buying User” shall mean the Registered User or Subscribed User as the case may be whose requirements for purchase of goods or services are listed on the Website or who contacts a Selling User to buy the goods or services offered on the Website.

  • 2.2. “Buy Page” shall mean the webpage which shall set out the purchase requirements of the Buying Users.

  • 2.3. “Content” shall mean information, data, photographic, audio, images, visual or audio-visua content, including videos that the Users publish, post or transmit on or through the Website.

  • 2.4. “Logistics Service Provider” shall mean the logistics service provider identified by Metalstreet for the purposes of delivering the goods from the Selling User to the Buying User.

  • 2.5. “Person” means any natural person, sole proprietorship, partnership, company, governmental authority, joint venture, trust, association or other entity (whether or not having separate legal personality).

  • 2.6. “Registered User” shall have the meaning assigned to the term in Clause 3.3 below.

  • 2.7.“Registration” shall mean the account created by a User on the Website by providing information including personal information.

  • 2.8 “Safe Trade” shall have the meaning given to that term in the Safe Trade Terms available here.

  • 2.9. “Selling User” shall mean the Registered User or Subscribed User as the case may be whose merchandise or services are offered for sale on the Website.

  • 2.10. “Sell Page” shall mean the webpage which shall set out the details of the products of steel and related products offered for sale by the Selling Users.

  • 2.11. “Services” shall mean and include any and all of the Services provided by Metalstreet through the Website as listed in Clause 5.1.

  • 2.12. “Subscribed User” shall have the meaning assigned to the term in Clause 3.3 below.

  • 2.13. “Subscription Plan” shall mean various subscription plans with varied offers and fees as offered by Metalstreet to its Users. Metalstreet offers varied Subscription Plans for manufacturers, distributors/importers and dealers/traders/retailers/brokers. The Subscription Plan is available here.

  • 2.14. “User/You” shall mean any Person who merely accesses the Website and includes a Registered User, Subscribed User, Selling user and Buying User as the case may be.

3. Registration

  • 3.1. You are authorised to access the Website without Registration and view the products and services listed on the Website. However, if you wish to transact with other Users or buy or sell products or services through the Website, You will be required to create an account on the website by providing certain information as provided on the account creation page. We reserve the right but not an obligation to verify the information You provide on the Website for Registration. We reserve the right to reject application for Registration from any Person without assigning any reason whatsoever.

  • 3.2. You will take sole responsibility for the confidential safekeeping of Your account information including the password You provide. You also agree to take responsibility for all activities done on the Website through Your Registration. If You believe or have reasons to believe that Your password is no longer confidential, You must immediately inform us through the account section provided on the Website. You can update any information You provide us through the account section of the Website. Subject to these Terms of Use, We reserve the right to suspend, terminate or block Your access to the Website or your account.

  • 3.3 A User who creates an account on the Website may use the Website and transact with other Users for a period of 1 (one) week without paying any subscription fees (“Registered User”). Registered User may avail the Services on the Website and transact with other Users after the 1 (one) week trial period, only after paying the subscription fees in accordance with the Subscription Plan (“Subscribed User”).

  • 3.4. The User shall duly submit all requisite information and documents as required by Metalstreet to be registered as a Registered User on the Website and will have limited time access of the Website for a period of 1 (one) week. After the expiry of the said period, the Registered User will not be able to discover, connect and trade with other Users on the Website until he pays the requisite fee to subscribe to the Website and become a Subscribed User.

  • 3.5. Registered User shall be inter alia entitled to view the following for the initial period of 1 (one) week, commencing immediately after such Registration: contact and other details relating to the business of steel and its products of market participants including factories, warehouses and various registration obtained from various authorities, statutory or otherwise under the business directory as available with Metalstreet and displayed on the Website.

4. Subscribed user

Subscribed User shall mean those Users who obtain an account on the Website by paying the requisite fee to subscribe to various Subscription Plans as offered by Metalstreet (as enumerated in the Subscription Plan) and whose basic constitutional documents and various registrations and statutory authorities is obtained by Metalstreet with an endeavour to ensure the genuineness of such User through the Website.

5. Services

  • 5.1. Metalstreet is a virtual steel store for easy Business to Business (“B2B”) trading. Metalstreet offers a platform that facilitates sale and purchase of merchandise and services by Users registered on the Website. Metalstreet is a virtual store that enables easy, transparent and convenient trading of steel products. Metalstreet provides for one time Registration for selling as well as purchase of merchandise and services on the Website therefore, the Users will be able to transact sales as well as purchase merchandise and services on the Website with one time registration with Metalstreet.

  • (i) Metalstreet provides for (a) discovery: B2B sharing of information regarding the inventory and prices, (b) connect: allows Users after discovery to connect with each other through the messaging facility provided on the Website and (c) trade: after connecting Users can trade with each other independently on the Website.

  • (ii) Metalstreet on a best effort basis provides ‘assisted trade service’ to help Users’ connect, negotiate, follow-up and finalise the sale of products/services through its authorised personnel. (“Assisted Trade Service”)

  • (iii) The entire booking request as may be directed by the Buying User shall be forwarded to the concerned Selling User by Metalstreet. The concerned Selling User shall provide the requested product on availability basis and the same shall be communicated to the Buying User through a notification.

  • (iv) The Website provides for seamless connection that facilitates the Users to either interact with each other through the messaging tool on the Website or contact the other Users through standard call or messaging facility.

  • (v) Metalstreet on a best effort basis verifies the authenticity of each User registered on the Website by verifying the ‘know your client’ documents uploaded by such User. However, Metalstreet is not responsible to verify the authenticity of the information and documents provided by any User.

  • (vi) It is pertinent to mention here that, Metalstreet itself does not own/regulate the Subscribed Users and neither does there exist any employer/employee relation between them. It is the Selling User who shall render the required product to you as per the relevant information submitted with Metalstreet while registering on the Website. It is therefore also pertinent to note that the Selling Users on the Website try their best to deliver products exactly the way they appear on the Website. Therefore, colour, shade, texture, appearance etc. of all products listed on the website may slightly vary from the final Product. Metalstreet hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the User over and above generally acceptable standards on the same.

  • 5.2. The provision of the services to be rendered by the Selling User to the Buying User is subject to the agreement (to be) entered into between the Buying User and the Selling User and Metalstreet shall never be a party to such agreement, in any manner whatsoever. In the event acceptance of booking request by Metalstreet and the Selling User does not reach your service location or if the Selling User decides not to render services, Metalstreet shall not be held liable to you in any manner whatsoever and neither are you under obligation to make any payment in lieu thereof. However, Metalstreet shall be entitled to charge a flat fee or percentage on every transaction that occurs on the Website.

  • 5.3. The number of User for each subscription shall be limited as per the Subscription Plan subscribed to by the User, more fully enumerated under the Subscription Plan.

  • 5.4. Metalstreet is not responsible for the behaviour, actions or inactions, accuracy, efficiency of a Selling User, quality of service or Product which you may use or procure through the Website or otherwise.

6. Ancillary services

  • 6.1. In the event should any market participant desire any ancillary services so as to facilitate the trading of steel and its related products, such as inspection, laboratory testing, logistic and transportation, cutter-processor, warehousing, finance, etc. then Metalstreet shall introduce such market participant to the concerned agency. Metalstreet shall be entitled to charge a fee (as enumerated in the Subscription Plan) for such introduction. Further, Metalstreet shall not be liable to the concerned market participant or any other person in any manner whatsoever for such ancillary services provided by such agency / third party.

  • 6.2. Metalstreet will also provide an online visibility to small time vendors by way of a link through the Website to the public page for the small time vendor who do not have a web page or online presence.

  • 6.3. Metalstreet will also partner with various knowledge partners and display the latest news and articles on the Website with regard to the metal industry. However, Metalstreet shall not be responsible for the authenticity and accuracy of such news displayed on the Website or on the website of such knowledge partners.

  • 6.4. Metalstreet will also display certain promotional advertisements on its Website from various vendors. The link to such vendors will be provided on the website which will redirect the User to the website of the vendor. However, Metalstreet shall not be responsible for the authenticity and accuracy of such promotional advertisements displayed on the Website or on the website of such vendors.

  • 6.5. Metalstreet will also send out various promotional material / communication via email provided at the time of Registration to all the Users. Metalstreet will also send out promotional emails on behalf of the Users if requested by any such User.

7. Indemnification and Limitation of Liability

  • 7.1. You agree to indemnify, defend and hold Metalstreet, its affiliates and each of their officers, directors, employees and agents harmless from and against any and all damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses arising out of or resulting from any claims (i) relating to any Content provided, published or otherwise transmitted on the Website including any violation or infringement of any third-party intellectual property rights, claims of defamation, invasion of privacy, right to publicity or unfair competition; or (ii) that any product offered for sale by You infringes any patent or trademark of any third party; or (iii) any allegation that any injury or damage to any User was caused by the products sold by You or the services provided by You or such injury or damage is related to the use of the product sold by You or services provided by You; or (iv) any claims regarding quality, quantity and any claim in relation to any product sold or services provided by You; (v) the breach of any of the warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under a separate agreement entered into with the any User in relation to sale of products or provision of services or arising out of You infringing any applicable laws; or (vi) relating to products/services obtained by You; or (vii) breach of payment obligation by You; or (vii) breach of delivery obligations with respect to quantity or quality of products or services by You or (viii) Your use of Assisted Trade Service; or (ix) breach of the terms of these Terms of Use.

  • 7.2. Metalstreet does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating conditions, Internet connectivity, third party software components and other reasons beyond the control of Metalstreet that could result in the loss of Content or unavailability of Services or loss of any other information relating to transactions carried out through Website.

  • 7.3. To the extent permitted by applicable law, Metalstreet disclaims any and all warranties not expressly stated in these Terms of Use including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • 7.4. Metalstreet (nor its employees, agents, suppliers or affiliates) shall not be liable to You (nor to Your employees, agents, suppliers or affiliates) for any lost profits, or any indirect, special, incidental, or consequential loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the provision of Services, even if Metalstreet has been advised or should be aware of the possibility of such damages. In no event shall Metalstreet be liable to You for any punitive damages.

  • 7.5. You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties provided by any User in connection with the sale of Products or provision of services. We shall not mediate or resolve any dispute or disagreement between You and any other User.

  • 7.6. Metalstreet reserves the right, but has no obligation, to monitor the materials posted on the Website. Metalstreet 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 the Terms of Use. Notwithstanding this right, the User remains solely responsible for the content / material / information such User posts on the website and in such User’s private messages.

  • 7.7. The content / material / information posted by such User does not necessarily reflect Metalstreet’s views. In no event shall Metalstreet assume or have any responsibility or liability for any such content / material / information posted or for any claims, damages or losses resulting from use of such content / material / information and/or appearance of such content / material / information on the Website.

  • 7.8. The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such User and such advertisers. Metalstreet shall not be responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website.

  • 7.9. It is possible that other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and that any User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about any User due to any User’s use of the Website, and that the recipient may use such information to harass or injure any User. Metalstreet does not approve of such unauthorized uses, but by using the Website the User acknowledges and agrees that Metalstreet is not responsible for the use of any personal information that a User publicly discloses or shares with others on the Website. Metalstreet shall in no manner be held liable or responsible due to the unauthorized use of the Website and / or the content / information / material posted on the Website and / or provided to Metalstreet which is saved on its servers or other digital storage devices.

  • 7.10. Metalstreet shall not be liable for any loss, damage, costs, expenses and/ or liabilities (direct and / or indirect) arising in any manner whatsoever either to such User, such market participant or any other person pursuant to final offer of the proposed User having been sent to the seller or vice versa, through any facility provided by Metalstreet on the Website.

  • 7.11. Metalstreet shall not be liable for failure to perform any obligation and / or breach of any representation and / or warranty by any User after they have agreed to enter into an agreement with one another.

  • 7.12. Metalstreet shall not be liable for any matter arising under the proposed arrangement entered into, or failure to have entered into, between a User and a market participant.

  • 7.13. It shall be the sole responsibility of the Buying and Selling Users to enter into the sale contract which shall strictly be a bipartite contract between the Buying and Selling Users. Metalstreet shall not be liable in any manner whatsoever in relation to such sale finalized between the Users.

8. User account obligations

In the Website, You agree to: (a) provide true, accurate, current and complete information about yourself (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Website. Account Information and certain other information about you are subject to our Privacy Policy.

9. Intellectual property rights (trademarks, copyrights and designs)

  • 9.1. All rights, title, and interest in and to the Website, including but not limited to software, text, data, images and graphics, all updates, modifications, enhancements, improvements, upgrades or corrections thereof, and all related intellectual property rights will be exclusively held by Metalstreet.

  • 9.2. You agree that the Metalstreet or its licensors retain all right, title and interest in the Website and no title to or ownership of intellectual property in the Website, its features, functionalities, images, data, graphics or design is transferred pursuant to this Agreement.

  • 9.3. You shall not reverse engineer or decompile the Website.

  • 9.4. The rights, title, ownership and interest in the trademark ‘Metalstreet’ shall at all times absolutely belong to Metalstreet. The User’s use of the Website or the services provided therein shall not mean providing of any right whatsoever to such User or any other person in the said trademark. All other logos and marks of other organizations that appear on the Website are trademarks of their respective owners.

  • 9.5. All rights, title, and interest in and to Content uploaded on or transmitted through the Website and all intellectual property rights relating thereto will remain with the User or its licensors.

  • 9.6. The User hereby grant, and Metalstreet hereby accepts, a non-exclusive, worldwide, royalty free, fully paid up, non-transferable license, to copy, reproduce, store, display, deliver and modify the Content on the Website. The User hereby grants to the Metalstreet a non-exclusive, worldwide, royalty-free, fully paid up, non-transferable right to use the trademarks and tradenames of the User, solely in connection with the performance of services and in connection with its public relations, marketing and promotional events.

10. Representations, warranties and covenants of the user

The User represents, warrants and covenants the following:

  • 10.1. You acknowledge and agree by your use of this Website to assume full responsibility for all risk associated with your use of this Website, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website.

  • 10.2. The User shall not host, display, upload, modify, publish, transmit, update or share any content, information and / or material on the Website which:

  • (i) is false, inaccurate or misleading and violates any law for the time being in force;

  • (ii) belongs to another person and to which the User does not have any right to;

  • (iii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;

  • (iv) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • (v) harasses or advocates harassment of another person;

  • (vi) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

  • (vii) infringes upon or violates any rights of third party/ies including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

  • (viii) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated files;

  • (ix) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • (x) exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

  • (xi) provides instructional information about illegal activities such as making or buying, or selling, illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  • (xii) contains video, photographs, or images of another person (with a minor or an adult);

  • (xiii) solicits gambling;

  • (xiv) interferes with the use and enjoyment of the Website by another User;

  • (xv) refers to any website or URL that, in Metalstreet’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

  • (xvi) deceives or misleads the addressee and / or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • (xvii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

  • (xviii) 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;

  • (xix) directly or indirectly, offers, attempts to offer, trades or attempts 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; and / or

  • (xx) creates liability for Metalstreet or cause Metalstreet to lose (in whole or in part) the services of its internet service provider or other suppliers;

  • 10.3. The User shall not:

  • (i) transmit ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’ through the Website;

  • (ii) try to and / or gain unauthorized access or exceed the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users through the Website;

  • (iii) sell or offer for sale counterfeit or stolen commodities / goods / products;

  • (iv) use any ‘deep-link’, ‘page-scrape’, ‘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 its content, or in any manner reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;

  • (v) attempt to or gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

  • (vi) 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. The User may not reverse look-up, trace or seek to trace any information of any other User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for by the Website;

  • (vii) make any negative, denigrating or defamatory statement(s) or comment(s) about Metalstreet or the brand name or domain name used by Metalstreet, or otherwise engage in any conduct or action that might tarnish the image or reputation of Metalstreet or the Users or otherwise tarnish or dilute any Metalstreet’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Metalstreet;

  • (viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Metalstreet’s systems or networks, or any systems or networks connected to Metalstreet;

  • (ix) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

  • (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to Metalstreet on or through the Website or any service offered on or through the Website;

  • (xi) pretend that the User is, or that the User represents, someone else, or impersonates any other individual or entity; and

  • (xii) use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Metalstreet and / or others.

  • 10.4. All information / data the User provides to Metalstreet and / or posts on the Website shall be true, correct, complete and non-misleading including as regards its specifications and quality. The User represents and warrants that it has the capacity and authority to provide such information / data to Metalstreet and / or post it on the Website without violation of any applicable law or third party rights whether in rem or personam;

  • 10.5. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person.

  • 10.6. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law for the time being in force; and

  • 10.7. That the User is competent to enter into contract as per the provisions of the Indian Contract Act, 1872 and has the capacity and authority to be bound by the Terms of Use. Minors shall not be entitled to use the Website and /or seek Registration of the Website including through their lawful guardian.

  • 10.8. Further the Users also represent and warrant the following:

  • (i) They have the capacity and authority to seek Registration;

  • (ii) They have sought the requisite permissions, no objections, waivers, consents to seek Registration;

  • (iii) The Registration shall be accessed only by authorized personnel of the Users in the event they are an artificial person;

  • (iv) They shall take all reasonable measures to ensure that no unauthorized use of their respective accounts shall take place;

  • (v) They shall keep the password in safe custody of the authorized personnel;

  • (vi) They shall keep the password confidential at all times;

  • (vii) They have the requisite capacity and authority to provide such information / data to Metalstreet;

  • (viii) They have the requisite capacity and authority to perform their obligations under the Terms of Use.

  • (ix) In the event of any sale on the Website of any product / commodity / good, the Selling User shall be able to lawfully provide the same in a timely manner as per and in accordance with the arrangement agreed upon between the respective Users and / or with third parties; and

  • (x) In the event of any transaction being entered into pursuant to the information / data available on the Website, such Users shall bonafide enter into the same and perform their respective obligations therein in a timely manner as per and in accordance with the arrangement agreed upon between them.

  • (xi) In the event the User forgets / and or loses its password to login to the Website, then request may be made by such User to Metalstreet by clicking the appropriate links on the Website provided for the same and a rest password link shall be sent to such User on the email address provided by such User at the time of signing up.

11. Privacy policy

  • 11.1. We may collect various personal information from You when You use the Website and or the features provided by the Website.

  • 11.2. Metalstreet’s Privacy Policy is available here sets out Company’s policies regarding the collection, storage, use, transfer and protection of any such personal information (the “Privacy Policy”).

  • 11.3. When You complete the process of Registration or otherwise provide Your personal information, You specifically consent to the Privacy Policy.

  • 11.4. We may disclose Your personal information in accordance with applicable law and the Privacy Policy.

12. Business directory

  • 12.1. The “Business Directory” shall mean the Services offered by Metalstreet providing details of market participants who are manufacturers, sellers, wholesalers, retailers, Users, suppliers, brokers, agents, and / or traders of steel and its products on the Website.

  • 12.2. Metalstreet shall make an endeavour to ascertain the completeness, truthfulness, correctness of such information posted in the Business Directory.

  • 12.3. However, notwithstanding anything, Metalstreet shall not be liable and / or responsible to any person for any loss, damage, costs, expenses, claims and / or liability arising in any form whatsoever due to any action taken by such person pursuant to such information, usage of such information.

  • 12.4. Metalstreet shall at all times retain the right to amend, change and / or withdraw the information posted under the Business Directory.

13. Additional Terms and Conditions with respect to transactions between a Buying User and Selling User

In addition to the agreement that may be entered into between the Buying User and Selling User, the Buying User and the Selling User agree to adhere to the following conditions while buying the Products or services or selling the Products or services through the Website or otherwise.

  • 13.1. Buying User’s obligations

  • 13.1.1. All purchases on the Website are a firm commitment to purchase. You are obligated to complete the transaction with the Selling User.

  • 13.1.2. You are obligated to make the payment on time in order to complete the transaction.

  • 13.1.3. By purchasing an item, You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful.

  • 13.1.5. Metalstreet strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name or any other false personal information.

  • 13.1.6. We encourage You to post feedback on the Selling User after the transaction is closed.

  • 13.2. Selling User’s obligations

  • 13.2.1. All selling transactions on the Website are a firm commitment to sell. You are obligated to complete the transaction with the Buying User.

  • 13.2.2. The Selling User shall be responsible for the overall quality and quantity of the products. At no time, Metalstreet takes title or ownership of any product or inventory.

  • 13.2.3. You must ensure that the listed items are authentic and that they do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

  • 13.2.4. Listings may only include text descriptions, graphics and pictures that describe your item for sale.

  • 13.2.5. All listed items must be kept in stock for successful fulfilment of sales. All listings must comply with rules and policy incorporated by way of reference in this Agreement.

  • 13.2.6. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buying User.

  • 13.2.7. All listed items must be listed in an appropriate category on the Website. You agree not to list a single product in multiple quantities across various categories on the site. Metalstreet reserves the right to delete such multiple listings of the same product listed by you in various categories.

  • 13.3. Delivery confirmation

  • 13.3.1. Upon receiving intimation from Logistics Service Provider of the delivery of the product /goods / merchandise to the Buying User, Metalstreet will send an email for confirmation of delivery and of delivery in good condition.

  • 13.3.2. The Buying User shall be required to respond to the email within 24 hours of its receipt, beyond which Metalstreet shall deem that the product / goods / merchandise to have been delivered in good condition and accepted by the Buying User.

  • 13.4. Return & refund policy

  • 13.4.1. Metalstreet shall not entertain any return request for full or partial shipment except when such return request is in relation to:

    • (i) Product(s) / goods / merchandise being damaged;

    • (ii) There being a manufacturing or inherent defect in the product delivered;

    • (iii) Mismatch in the quantity of products supplied and quantity of products for which the order has been placed; and

    • (iv) Product delivered is not the product for which the order has been placed.

  • 13.4.2. The Buying User shall be required to place the return request within 24 hours of delivery of the product by following the return procedure on the Website by contacting user support on the Website.

  • 13.4.3. Once the return request has been made, Metalstreet will designate a quality check team or inspector to determine the condition of the product and only after such officer confirms that the Product falls under any of the categories listed under Clause 13.4.1 herein above, Metalstreet shall initiate the return and refund process. In the event only a part of the order is damaged/ defective/ wrong the same will be replaced by the Selling User.

  • 13.4.4. Such quality check inspectors will be the authorized inspectors of the particular city and Metalstreet will be responsible for appointing such inspectors. The decision of the quality check inspector shall be final and binding on the parties.

  • 13.4.5. The wrong doing party or the party who will be at fault as per the quality check inspector shall be liable to bear the logistics costs with respect to returning the products to the relevant User and the fees payable to the quality check inspector.

  • 13.4.6. Metalstreet shall intimate the Buying User regarding the return and refund by way of an e-mail or voice call from Metalstreet’s user support representative.

  • 13.4.7. Any refund against any return request shall be processed only upon receipt of the product by Metalstreet / the Selling User along with the original invoice/s.

  • 13.4.8. The refund process may take up to 30 (thirty) business days from the date of receipt of the product along with the invoice. The actual time taken for refund or for the credit of the payment into the Buying User’s bank account will depend on the mode by which payment was made and the procedures adopted by various financial service providers.

  • 13.4.9. In the event of the Buying User requesting return after 24 hours of delivery, Metalstreet will not be liable to accept such request or refund any amount paid by such User.

  • 13.5. Cancellation policy & amendment of order

  • 13.5.1. The cancellation and amendment process will be an offline process whereby the Buying User will be required to contact the Metalstreet user support if such User wishes to cancel or amend the order.

  • 13.5.2. A request for cancellation or amendment of an order can be made only within 24 (Twenty Four) hours of placing the order and before the Buying User is notified of the confirmation of receipt and processing of order by the Selling User.

  • 13.5.3. All cancellation and amendment requests shall be entertained only in special circumstances and solely at Metalstreet’s discretion. It is hereby clarified that the requests will be received and processed by Metalstreet only if the applicable products/goods have not been dispatched at the time of receipt of the requests.

  • 13.5.4. Upon Metalstreet’s acceptance of the cancellation request, Metalstreet will intimate the Buying User vide an email and will refund the payment amount, if any, received from the Buying User. The refund process may take up to 30 (thirty) business days from acceptance of the cancellation request. The actual time taken for refund or for the credit of the payment into the Buying User’s bank account will depend on the mode by which payment was made and the procedures adopted by various financial service providers.

14. Breach of these Terms of Use

  • 14.1. In the event, the User breaches any provision of the Terms of Use, then if such breach is curable, then Metalstreet shall issue notice to such User requesting such User to cure such defect within 30 (thirty) business days of receipt of such notice.

  • 14.2. In the event, the User fails to cure such defect within 30 (thirty) business days of receipt of such notice, or, if the User commits breach of any of the material provisions of the Terms of Use, then Metalstreet shall, without prejudice to any other rights that it may have, be entitled to do the following:

  • (i) Suspend the Registration;

  • (ii) Terminate the Registration;

  • (iii) Restrict access of the User to the Website or part thereof;

  • (iv) Restrict access of a particular IP address to the Website or part thereof;

  • (v) Restrict access of any person to the Website or part thereof;

  • (vi) Recover any financial loss, to any other User, if any; and / or

  • (v) Any other action that Metalstreet deems fit.

  • 14.3. Termination of Registration: Metalstreet at its sole discretion may restrict, suspend or terminate your Registration without entering into further discussions with you if a serious complaint or multiple complaints are received about you from other Users, if you breach these Terms of Use or if you misuse our Services. This includes but not limited to abusing our messaging services; creating multiple or false profiles; asking Users for public or private investment; using your registration for scamming purposes; using pseudonym names; listing items not relevant to the purpose of this Website; providing insufficient information about the business such as business name, business description and other information; infringing any intellectual property rights, or any other behaviour that affects us. In addition, and without limiting the foregoing, we have adopted a policy of terminating accounts immediately for Users who, at our sole discretion, are deemed to be infringers. Metalstreet reserves the right to ask the User to correct their personal or/and business information on the Website.

  • 14.4. Following termination of the User’s Registration for any reason, such User may potentially NOT be permitted to become a member again at a later date. Account termination may be permanent, at the sole and absolute discretion of Metalstreet.

  • 14.5. You are entitled to close your account and terminate this Agreement at any time and for any reason by contacting Metalstreet at the Metalstreet support services.

15. Feedback

We encourage the Subscribed Users to provide feedback (rating) about the particular buyer or seller after the transaction has closed, this helps all the Users to know what it is like to deal with the said User for purchase or sale. Please remember that you cannot retract the feedback once you have left it. Metalstreet will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents. Metalstreet may also ask You to provide feedback or testimonials for Metalstreet which we may publish on the Website after obtaining prior consent from You.

16. Assignability

The User shall not be able to assign its obligations and liabilities under the Terms of Use without the prior permission of Metalstreet in writing. Metalstreet shall be entitled to assign its obligations and liabilities under the Terms of Use pursuant to notice to the User.

17. Waiver

No failure or delay by Metalstreet in exercising any of its rights under the Terms of Use shall be deemed to be a waiver of that right, and no waiver by Metalstreet of any breach of the Terms of Use by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.

18. Severability

If any provision of the Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms of Use and the remainder of the provision in question shall not be affected.

19. NOTICES

  • 19.1. Any notice or other communications to be given to Metalstreet under the Terms of Use shall be in writing and may be set to [email address].

  • 19.2. Any notice or other communication to be given to a User who has obtained Registration shall be sent to the email address of such User.

20. Website access in India only

Unless otherwise specified, the material on the Website is presented solely for the purpose of use in the jurisdiction of India. Metalstreet makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. The persons who choose to access the Website from other locations/countries other than India may do so at their own risk and consequences thereof and Metalstreet is not responsible / liable in any manner whatsoever for usage of the Website outside India, including compliance with local laws, if and to the extent local laws are applicable.

21. Governing law and arbitration

The Terms of Use shall be governed by the laws of India shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.

22. Miscellaneous

  • 22.1. The Terms of Use shall not establish or constitute any relationship of partnership, joint venture, franchise, employment or agency between Metalstreet and the User and both shall continue to be independent of each other and neither of them shall have the power to bind the other without the other’s prior written consent.

  • 22.2. Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the statute referred to.

  • 22.3. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate or statutory.

  • 22.4. The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words ‘include’, ‘includes’ and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.

  • 22.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of any provision herein in any manner whatsoever.

  • 22.6. Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences..

  • 22.7. The User acknowledges that the Terms of Use contains the entire agreement between the User and Metalstreet and supersedes any prior arrangement, understanding, provisions or agreements between the User and Metalstreet.