Tapsiran is an online marketplace across different domains such as Tapsiran.com etc. through the internet (the "Website" or "Tapsiran").
As the case may be, reference to Tapsiran in these Terms and Conditions and its subsequent changes (generally, "T&C") shall also mean reference to HML, its group companies, subsidiaries, affiliates and substitutes as well. Any use of "we", "our" and the like shall mean reference to Tapsiran. Reference to "you" shall be regarded as reference to "users" / "member" whether registered or unregistered that are using Tapsiran platform and are deemed to have accepted these T&C.
Tapsiran is an online marketplace through which each registered user can contact other users for the establishment and maintenance of business, export and import contacts by placing offers and acceptance through Tapsiran.
These T&C describe how the Tapsiran website and services should be used and eventually regulate the relationship between Tapsiran ranemart and its users (registered or unregistered). Please read them carefully and if they are not acceptable to you, you may cease using or accessing this Website or cease using the services provided by Tapsiran, in any way or manner. By continued accessing and using of the Tapsiran platform you are deemed to have accepted in fact these T&C and its subsequent changes. In such case any claim etc. arising out of your continued use of this Website as well as any assertion on non-study or lack of information in respect of these T&C or any updates thereof will not be admissible before any authority.
We note that these T&C may vary or alter from time to time, at sole discretion of Tapsiran. Such updates will not require any preliminary notification to any user to be validly implemented. The last version of these T&C presented at the Website shall be the applicable one. Each user has to refer to the latest T&C made available on the Website to ensure what are his/her obligations towards Tapsiran, any other user or any third party. In any case, the latest version of the T&C will apply, no matter the date of access or registration of the users.
A. General Statements
- Your use of the Website and Tapsiran's services, software and products ("Services") is subject to these T&C as well as any other rules and policies of the Website that we may publish from time to time. These T&C describe how Tapsiran and its Services must be used and eventually regulate the relationship between the Tapsiran and its users (registered or using its platform without registration) and must be considered and prevail in any disputes arisen in this respect.
- Upon your request Tapsiran will register you as a member for its online marketplace (i.e. Tapsiran Website) and your use of this Website and any services thereto shall solely be on the basis of these T&C. Unless expressly indicated so by Tapsiran throughout the services, on no account Tapsiran will become a contracting partner regarding the contracts between you and your customer that you have found through our online marketplace.
- Your general terms and conditions in any manner will not become part of contracts / registration concluded with us, even if we do not contradict them explicitly, unless we have agreed to your terms and conditions explicitly in writing.
- You agree to register as a user / member only in the context of your commercial or independent professional activities. We do not force our users to use our services through the online platform and the users are at complete liberty to choose such services.
- Tapsiran is at complete liberty and volition to assign any relationship with you, as the case maybe to any third parties, group companies, subsidiaries or affiliates.
- If you accept or agree to these T&C on behalf of a company or any legal entity, you represent and warrant that you have sufficient authority to bind your respective company, or such legal entity, to these T&C. Anyway, this does not mean that such company or legal entity will not be subject to these T&C in absence of such authority.
- By using Tapsiran or any of its services, you accept and agree to comply with the T&C, whether or not you have registered with Tapsiran. In addition, while using a portion of, or the entire services of Tapsiran, you agree to abide by any applicable guidelines for the service posted herein the website which may be updated at any time by Tapsiran, at its sole discretion.
B. Changes to the T&C
- We reserve such right that at any time we are entitled to change or supplement these T&C. As mentioned above, such updates will not require any preliminary notification to any user to be validly implemented. In any case, the latest version of the T&C will apply, no matter the date of access or registration of the users. Such changes and updates do not justify any claims such as claim for damages by you against Tapsiran.
- You understand and accept that you are solely responsible for reviewing these T&C and any subsequent updates from time to time. Should you object to any of the T&C, any guideline(s), or any change(s) incorporated into the T&C now, or at a later date, or if you are unhappy with the Website in any way, you should immediately discontinue accessing or using the Website, its Services and Contents as defined herein under these T&C.
C. Our Performance, Statistical Analysis, Data Protection
- You understand and accept that the Content (meaning throughout these T&C any texts, designs, layouts, graphics, images, information, advertisement, logos, and any other textual or visual objects etc. displayed on the Website) and data that you have supplied or are in public domain may be kept, saved or maintained on a server in different jurisdictions for Internet processing requests.
- If you supply Content and data and we do not publish them on our online platform as provided by you, you are entitled to immediate correction based on the provisions of these T&C. If the Content and data have been published on the Website, your request of any changes shall be notified to and processed by Tapsiran to be effected.
- You allow us the statistical evaluation of the data that you have provided to or publicly accessed by us for the publication on our online platform.
- We undertake to comply with the data protection regulations and use provided data only as permitted by law concerned in each relevant jurisdiction. We have to point out that we have no influence on the manner of use of the Content that you have provided by other users of Tapsiran.
D. Our Services
- Verification :
- Verification description: Tapsiran by using certain information (including the general information regarding the track record of transactions) verifies the users. However, such verification shall be regarded as complementary source of information rather than the main source of decision making and shall be used in conjunction with other information you out to endeavor to find out in relation to the concerned user.
- Tapsiran does not accept any responsibility in respect of Verification and hereby Tapsiran declares and warns that there may be risks of dealing with companies, business units or entities acting under false pretenses. Tapsiran Verification service uses several techniques to verify certain information of Verified Members (as defined in the Website) when they register as Verified Member of the Website. However, due to difficulties of verification over the internet, Tapsiran cannot and does not confirm each user's purported identity (including, without limitation to Premium Members), their intentions and products. We highly recommend and advise you to use also other means, as well as common sense, to evaluate any company, business unit or entity you are dealing with through the Website.
2. Rating Users:
- Tapsiran encourages its users to 'rate' the companies, business units or entities they do business with through Tapsiran's platform / the Website based on the criteria and items introduced by Tapsiran which may change from time to time at Tapsiran's sole discretion. Rating should be based on actual experience and trading responses (positive or negative) that users receive while transacting with various parties. Buyers rate Sellers on product quality, responsiveness and the like. In turn, Sellers rate Buyers based on ease of transaction, timely payments etc.
- Users must NOT abuse the Rating system. Abuse of the Rating system includes using the user ID of another user or the users own secondary user IDs to raise the users own Rating or lower the rating of another member; or the use of threatening, abusive, racially vilifying, discriminatory, profane language or any other conduct that is reasonably regarded as beyond the Rating. If the user's language is in any way offensive, the offended user can initiate legal proceedings against the offending user who shall be held liable for the comment based on the applicable laws without any involvement or responsibility of Tapsiran.
- Users agree that Tapsiran shall not be responsible and liable for such ratings or publishing of the same. Moreover, Tapsiran cannot be forced or compelled to change any of such ratings.
- Tapsiran reserves the right to delete any Rating at its sole discretion without prior notice and/or at its sole discretion upon an investigation into the Rating. The Ratings system promotes freedom of expression on Tapsiran, and Tapsiran encourages users to Rate other users singularly based on their experiences while transacting businesses. Tapsiran shall remove user's feedback only in exceptional circumstances at its sole discretion without having any responsibility and liability in this respect.
3. Communication :
- Tapsiran shall provide its users with the opportunity to post their products on its Website platform and to access the transacting parties. This is to facilitate showcasing of your products and a direct contact with the other users. Use of this Service must be in compliance with the conditions mentioned in the membership conditions and provisions of these T&C. Tapsiran reserves the rights to make any changes at its sole discretion and volition to such conditions and provisions in this respect at any time it deems necessary.
- Product listings and contact details will be available in multiple languages (English, Farsi, Russian, Arabic & Turkey). However, Tapsiran does not accept any responsibility with respect to translation and the users shall be responsible for the accuracy of such translations.
- You are hereby under the duty not to post products that are prohibited or inappropriate under these T&C or alternatively violate any third parties rights or any applicable laws and regulations.
- You are hereby obliged to use the contact details of other users only for business purposes and to initiate transactions, inquiries and make subsequent follow-ups. Tapsiran is not responsible to initiate or make any contact beyond the scope of the conditions mentioned in the membership packages. Moreover, Tapsiran is not responsible for accuracy of any contact details of the users or their responsiveness. However, Tapsiran reserves the right to make any necessary corrections thereto once it duly becomes aware of the correct details.
- Tapsiran shall not be responsible and liable for inappropriate or abusive conducts of the users in respect of this Service. You hereby undertake to indemnify and keep Tapsiran harmless of any claim in respect of this Service or any inappropriate or abusive use of the users including yourself.
4. Communication :
- Under Assistance Service Tapsiran provides Follow-up and Hotline Support to the eligible users (free and/or premium members, as the case may be). You hereby agree and acknowledge that Tapsiran's follow ups is dependent to the cooperation and provision of necessary information by the relevant user therefore, Tapsiran does not guarantee any particular result in its follow ups and shall not be held liable in this regards.
- While follow ups by Tapsiran team could be (but not necessarily) outside the working hours, Hotline Support shall be made through working hours of HML. This is 9 am to 5 pm, from Saturdays to Wednesday and 9 am to 12 pm on Thursdays. Such Hotline Supports shall be limited to training of the use of Tapsiran platform and its options and facilities to make sure of an optimized utilization by the users.
- Follow-ups and Hotline Support will be in Farsi and English languages. Other languages may be available depending on the Tapsirant's sole discretion.
E . Users' Trading
1. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Website or its Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, misrepresentation of users' products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents etc. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of the users' products or services offered or displayed on the Website may violate or may be asserted to violate third party rights, and the risk that user may incur costs of defense or other costs in connection with third parties' assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. Each User agrees that Tapsiran shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with the said risks.
- In order for checking of the products and to make sure of their compliance with the orders, Tapsiran strongly advise you to use the services of commercial inspection companies in every transaction. Tapsiran also recommends that in order to avoid complicated disputes between Sellers and Buyers they both use same inspection company. For your convenience Tapsiran has listed some of such inspection companies on the Website. You are free to choose from among the list or mandate another inspection company. Tapsiran under no circumstances, whatsoever does not accept any responsibility and liability with respect to your selection of an inspection company and your relations or disputes with it. Furthermore, in any event Tapsiran shall not be responsible for anything which falls within the scope of activity of such inspection companies or failure to use such services by the users.
G. Users Responsibilities and Obligations
- You hereby undertake that your use of the Website or any of its service must be in complete compliance with your applicable laws and regulations. If continuation of the use of the Website results in breach of such applicable laws, you must immediately cease using of the Website and mitigate the effects of your breach, if any.
- You affirm that you have the proprietary ownership and the right / license / permission to transfer and disseminate data supplied to us and that you observe on your part the data privacy laws. Tapsiran does not accept any responsibility with respect to the data supplied by you in terms of breach of any data privacy requirements which must have been observed by you. You agree and acknowledge that by submitting any data or content to us, you grant Tapsiran an irrevocable, non-cancellable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the content in connection with the Tapsiran, service and business. These rights are required by Tapsiran in order to host and display your data and content(s).
- You are responsible for the content, accuracy, timeliness, design and completeness of the data provided. You explicitly state that these data are in compliance with the applicable laws and regulations in force. In this respect, you keep us harmless of any claims or alternatively keep us indemnified from any penalties and claims incurred by us because of your violations.
- You will notify us of recognizable defects and faults of obligations, of imminent dangers and of evidence of misuse by third parties without delay and you will - within reasonable limits - take all necessary measures for the detection, localization and documentation of these defects and faults. Disadvantages that occur because of your late notifications are not our responsibility.
- Tapsiran is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and in general you have such capacity and competency required by the applicable law to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in these terms and conditions, and to abide by and comply with them.
H. Suspension of users Content / Membership / Registration
We are entitled to immediately block any of your Content, data or your registration or membership with us, as well as any links to other websites if we discern and determine that a violation of applicable laws has occurred. This especially applies if you are providing information on prohibited material, on illegal trade in pharmaceuticals, weapons or drugs or on any other illegal activities. We shall also be entitled to an immediate suspension if we are served with a formal warning because of violation of competition law regulations. In addition, we may in these cases immediately terminate the registration / account.
We are entitled to carry out maintenance services on servers, databases, etc. We will keep disruptions of data retrieval as low as possible. In case of minor disturbances because of the disruptions you are not entitled to reduce the price, terminate the contract or claim compensation.
- Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account. Information including, but not limited to name, trade name and mark, address, phone number, fax number, email address, account number, gender, date and/or year of birth, preferences, product list, area of activities and expertise, accreditations, prizes, etc. (Registration Information) may be collected at the time of user registration on the Website.
- In connection with any transaction and payment services or Services under our buyer protection schemes we provide through the Website to the concerned parties, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates ("Account Information") and other information may be collected to, among other things, facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Website.
- We record and retain details of users' activities on the Website. Information relating to such transactions including, but not limited to, the types and specifications of the products, pricing and delivery information and any trade dispute records ("Activities Information") may be collected when sale and purchase transactions are conducted on or facilitated through the Website.
- From time to time, we collect information about our users and prospective users during trade shows, industry events and other functions. The information we may collect at these locations may include, but is not limited to, user name, address, phone number, fax number and email address ("Event Information").
- We record and retain records of users' buying and browsing activities on Tapsiran including but not limited to IP addresses, browsing patterns and Seller/Buyer behavioral patterns. In addition, we gather statistical information about the Website and visitors to the Website including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information').
- Registration Information, Account Information, Activities Information, Event Information and Browsing Information generally relate to business entities (together referred to as "Business Data"). Insofar and only insofar as they constitute personally identifiable data of living individuals (together "Personal Data").
- It is mandatory for users of the Website to provide certain categories of Business Data and Personal Data (as specified at the time of collection). In the event that users do not provide any or sufficient Business Data and/or Personal Data marked as mandatory, we may not be able to complete the registration process or provide such users with our products or services.
- Your provided data will be stored in servers located across the globe. We shall hold no liability with respect to the place of storage of your data. By using this Website or its services, you consent to collection, transfer outside of your country, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provided that is collected by the Website.
- You ensure the confidentiality of access permissions towards unauthorized third parties and you ensure that only authorized users make use of your assigned login data (username and password and e-mail and the like).
- If you become aware of any abuse of your login data, you will notify Tapsiran immediately in order for Tapsiran to take necessary measures.
- If by your violation of the confidentiality obligations, unauthorized use by third parties is made possible during your membership, you are responsible for all damages and losses caused by the violation. This obligation shall survive the termination of the membership / these T&C and the like.
- If you provide any Personal Data to us, you are deemed to have authorized us to collect, retain and use that Personal Data for the following purposes:
verifying your identity;
- verifying your eligibility to register as a user / member of the Website;
- processing your registration as a user, providing you with a log-in ID for the Website and maintaining and managing your registration;
- providing you with customer service and responding to your queries, feedback, claims or disputes;
- to facilitate communication between Buyers and Sellers on the Website;
- performing research or statistical analysis in order to improve the Content and layout of the Website, to improve our product offerings and services and for marketing and promotional purposes;
- we may use your name, phone number, residential address, email address and fax number ("Marketing Data") to provide notices, surveys, product alerts, communications and other marketing materials to you relating to goods and Services offered by us on the Website;
- if you voluntarily submit any information to the Tapsiran for publication on the Website through the publishing tools, including but not limited to, company profile, product catalog, trade leads and any discussion forum, then you are deemed to have given consent to the publication of such information on the Website ("Voluntary Information"); and
- Making such disclosures as may be required for any of the above purposes or as required by law or in respect of any claims or potential claims brought against us.
- You further agree that we may disclose and transfer (whether within or outside your jurisdiction) your Personal Data to service providers engaged by us to assist us with providing you with our Services (including but not limited to data entry, database management, promotions, products and Services alerts, delivery services, payment extension services, and membership authentication and verification services) ("Service Providers"). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).
- You agree that we may disclose and transfer (whether within or outside your jurisdiction), for the purposes specified above, your Personal Data to other affiliated companies within the Tapsiran/ HML group, which comprises a group of companies operating leading online and mobile marketplaces in consumer and business-to-business commerce, as well as cloud computing and other services.
- When necessary we may also disclose and transfer (whether within or outside your jurisdiction) your Personal Data to our professional advisers, law enforcement agencies, payment agencies and intermediaries, insurers, government and regulatory and other organizations for the purposes specified above.
- Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us for or in relation to any of the purposes stated above.
- All Voluntary Information may be made publicly available on the Website and therefore accessible by any internet user. Any Voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in respect of such information. You should exercise caution when deciding to include Personal or proprietary Information in the Voluntary Information that you submit to us.
- We may share your Account Information with banks or vendors to enable your transactions on the Website to be completed. In addition, we may use your Account Information to determine your credit-worthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit rating agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
- We may provide statistical information to third parties.
K. Disclaimer and Limitation of Liabilities
- The content of this section is not by itself the sole disclaimer applicable by Tapsiran to each and any user, whatever the use such user does of the Website. This means that as the case maybe Tapsiran can benefit from other parts of these T&C and any updates thereto to limit or disclaim any liability.
- You expressly acknowledge and agree that your use of the Website and its Service is entirely at your own risk and that the Website, and Services of the Tapsiran are provided on an "as is" or "as available" basis, without any warranties of any kind.
- All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed by the Website to the fullest extent permitted by law.
The Website makes no warranties or representations about the accuracy or completeness of the Website's Content or the content of any third party websites linked to the Website and assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of Content.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and its services.
- Interruption or cessation of transmission to or from the Website.
- Unauthorized access to or use of our servers and/or any Personal Information and/or financial information stored therein.
- Bugs, computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or Personal Information, malware, spamming, phishing, or the like which may be transmitted to or through the Website by any third party.
- Errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, communicated, transmitted, or otherwise made available via the Website or its services.
- The Website does not warrant, endorse, or assume responsibility for any product or Service advertised or offered by a third party through the Website or any hyperlinked websites or featured in any banner or other advertising.
- In no event shall the Website, Tapsiran, HML, its group companies, affiliates, subsidiaries, officers and employees, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if the Website has been advised of the possibility of such damages), resulting from any aspect of your use of the Website or its Services, including without limitation whether the damages arise from use or misuse of the Website or the Service, from inability to use the Website or its Services, or the interruption, suspension, modification, alteration, or termination of the Website or the Service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or its Service or any links on the Website. These limitations shall apply to the fullest extent permitted by law.
- You understand that when using the Website, you will be exposed to Contents from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, intellectual property rights of or relating to such Content and you accept and assume all liabilities for your use. You further understand and acknowledge that you may be exposed to Contents that may be inaccurate, offensive, indecent, objectionable, defamatory or libelous. By using this Website or accepting otherwise these T&C you agree that you do not have any objections or claim in this respect against the Website and to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto.
- For access restrictions, which are due to force majeure or other causes beyond our sphere of control, we shall not be held liable under any circumstances.
You acknowledge and agree that:
- The Website has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or its Service;
- The Website may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website;
- The Website, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Website believes that you have violated these T&C;
- The Website shall not be liable to you or any third-party for any termination of your access to the Website or the Service, and you agree not to attempt to use the Service after any such termination.
- The Website reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that the Website shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.
- All rights not otherwise claimed under these T&C or by HML are hereby reserved. The information contained in the Website is intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. Tapsiran does not represent or endorse the accuracy or reliability of any Content contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Tapsiran be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products. User(s) of this Website hereby acknowledge that any reliance upon any Content shall be at their sole risk.