Terms & Conditions

Welcome to Factrade (hereinafter referred to as the “Platform”, “Site”, “We”, “Us”, “Our”), owned and operated by Factrade DMCC (hereinafter referred to as “the Company”) with its registered office located at Unit 67 DMCC Business Center, Dubai UAE. The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

BY REGISTERING AND USING THE PLATFORM (APP AND THE WEBSITE) Independent Contractors (hereinafter referred to as “You” or “Your” or “Independent Contractor”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE PLATFORM YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

The Company provides a platform wherein the users can create their profile by applying for creation of the profile at our Platform via filling up the form. Once the credentials of the users are verified by us, the users can upload their profile on our platform. Our Platform provides a venue to its users wherein the users can trade commodities with each other.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

“FACTRADE DMCC” maintains the www.factrade.com Website ("Site").
United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
Visa or MasterCard debit and credit cards in USD will be accepted for payment
We will not trade with or provide any services to OFAC and sanctioned countries
Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website
Cardholder must retain a copy of transaction records and Merchant policies and rules
User is responsible for maintaining the confidentiality of his account


PAYMENT CONFIRMATION (for Services) - Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

DEFINITIONS AND INTERPRETATION:

  1. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the Platform and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
  2. "Factrade” means the online platform via which users can create their company profile and trade their commodities with clients listed on the Platform.
  3. “Account” means the accounts created by the customers/users on our Platform in order to use the Services provided by us and require information such as name, email address, password, contact number etc. 
  4. “Content” means text, graphics, images, music, audio, video, information or other materials.
  5. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Platform.
  6. The official language of these terms shall be English.
  7. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

REGISTRATION

  1. The users will have to register with us in order to create their Business Profile on our platform.
  2. In order to register with us, you will have to enter various details such as your email id, contact number and the details as asked therein. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at Support@factrade.com of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Platform account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
  3. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
  4. When creating an Account, don’t:
    • Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
    • Use a username that is the name of another person with the intent to impersonate that person;
    • Use a username that is subject to rights of another person without appropriate authorization; or
    • Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  5. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at support@factrade.com.
  6. You shall not transfer or sell your account on our Platform and User ID to another party.

SERVICES

  1. The Company via its Platform offers a venue to the users wherein the users can post verification of their credentials upload their profile and trade commodities on the platform.
  2. In order to trade commodities, any user can place a “Request for quote” for the commodity it wishes to Trade and once accordingly the other users trading in that commodity will contact the user who wishes to Trade that commodity. After mutual negotiations, the RFQ Poster can accept the Proposal of the users who have replied to the RFQ posted.
  3. Post the confirmation of the order and finalization of the Agreement between the RFQ Poster and the Proposal Submitter, the requested commodity will be Traded to the RFQ Poster. All the transit and delivery of the commodities is the responsibility of both the parties and the Company shall have no role in it.
  4. The users agree that the platform of the Company only provides a venue to the users wherein the users can reach a larger base to trade the commodities. Neither the Company nor the platform shall in any way be responsible for the transactions that take place between the users.
  5. The delivery of the orders, the receipt of payment for the orders is the responsibility of the respective parties.

REQUEST FOR QUOTE

The users who wish to trade any commodity will raise a request for quote on the platform for the trade of the commodity.

Once the Proposal Submitters see the RFQ (Request for Quote), they will provide their respective quote for that commodity and the RFQ Poster will finalize upon the Proposal Submitter from whom it wishes to trade the commodity.

Once the deal is confirmed between the parties, the parties will decide the mode of payment and details of delivery, etc.

The decision as to the mode of payment between the parties, delivery, quality of the goods is entirely upon the respective parties and the Platform shall not be responsible for the same.

Though the users can attach various documents executed between them regarding the sale and purchase of the commodities on the Platform. The accounts of the users provide a space for the upload of the documents and the users can upload their documents therein for the purpose of surety and clarity.

TRADE FACILITATION FEE

The Company charges a certain percentage of trade facilitation fee per orders sold by the users through its platform.

As of now the creation of profile on the Platform is free and the Supplier only needs to give $1 / MTS for sale of the commodity. This trade facilitation fee shall be paid as soon as the deal is finalized between the parties.

The Supplier needs to remit the said trade facilitation fee into the account of the Company as soon as the Sales Agreement is signed between the Proposal Submitter and the RFQ Poster.

All the payments will be made via credit card or Bank Transfers.

TRANSACTION BETWEEN USERS ON THE PLATFORM

We are not involved in any transaction between any parties who uses our Platform. There are risks which you assume when dealing with people who might be acting under false pretenses; all these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor do we screen or censor or otherwise control the Users of its service. We cannot and do not control the behavior of the participants on this Platform. We cannot control whether Users of our Platform will complete the transactions they describe on our Platform. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS PLATFORM. We do not assume responsibility for the content or context of the user comment areas/chat boards and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.

We shall not be liable towards you for any fraud committed during your dealing and it is your responsibility to do your own due diligence. However, we shall provide you best possible help.

We shall not be liable for any misleading information provided by any user on the Platform.

In case you deal with any user who has not been approved by us then it shall be your responsibility and liability to deal with any issues arising out of the same and we shall not assist you in it.

SHIPPING POLICY

All shipping orders are processed between the suppliers and the buyers and will vary as per the agreed deal while signing the contract between the two parties. Delivery time depends on the sourcing time required for that particular product, quality check, the delivery location of that product, courier partner’s delivery time to that particular location etc. While we are helping you to connect with the seller, we do not accept any responsibility for the possible delay in delivery timings that maybe caused in the due course of business.            

Factrade may at its sole discretion, provide liaison between Client and prospective Business Partners, if the same is required by the parties.

CANCELLATION POLICY

Factrade is acting as a Facilitator between the client and the business partners. Factrade shall not be entitled to a refund if; it becomes impossible for Content Provider to provide the Services due to Company’s default. Any cancellation for any particular contract between supplier and buyers must be dealt with personally between the two parties, Factrade will not intervene in this process. Client (applicable only for supplier) is responsible to pay $1 per MTS for the facilitation fee. This fee shall become due upon signing of the Sales Contract and should be paid within one (1) week of the due date of the payment. The payment shall be made via credit card or Bank Transfers. There will not be any refund for the facilitation fee charged for the platform at any given circumstances.

YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Interfering with any other person's use or enjoyment of the Site.
  4. Breaching any applicable laws;
  5. Interfering or disrupting networks or web sites connected to the Site.
  6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  7. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
  8. We prohibit the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
    • Alcoholic beverages
    • Cigarettes or any other tobacco product for human consumption
    • Pharmaceuticals or any other controlled substance
    • Dangerous, counterfeit or stolen goods
    • Goods which do not actually exist
    • Any good that infringes or violates anyone's rights
    • Any item which our sole discretion is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
    • Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.

MODIFICATION OF TERMS & CONDITIONS OF SERVICES: 

  1. We may at any time modify the Terms & Conditions of the platform without any prior notification to you. You can access the latest version at any given time on our Platform. You should regularly review the Terms & Conditions on our Platform. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this platform.
  2. This Platform will not be liable for delays.

REVIEWS, FEEDBACK, SUBMISSIONS:

  1. Post the completion of the transactions, the parties can review the services of each other. These reviews will be published on the Platform and will enable the users to determine the credibility of the parties.
  2. All reviews, submitted or offered to us on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any reviews shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the reviews.
  3. You agree that any reviews submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no reviews submitted by you to the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

COPYRIGHT & TRADEMARK:

  1. Our Platform, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of www.factrade.com or any third party's intellectual property rights. All rights, including copyright, in this Platform are owned by or licensed to us or business partners. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Platform. You cannot modify, distribute or re-post anything on this Platform for any purpose.
  2. Factrade names and logos and all related products and service and our slogans are the trademarks or service marks of Factrade  All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.
  3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software. All software used on this Platform is the property of our Platform or its suppliers and protected by laws of the United Arab Emirates. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Platform, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of United Arab Emirates. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of our Platform and is also protected by laws of the United Arab Emirates.
  4. If you learn of any unlawful material or activity on our Platform, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: 
    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • Your contact information, including your address, telephone number and an email address;
    • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
  5. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
  6. Notices regarding our Platform should be sent to: support@factrade.com

INDEMNITY:

You agree to defend, indemnify and hold harmless our Company/Platform, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Platform or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

TERMINATION:

  1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Platform and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
  2. We reserve the right to suspend your account for such time as determined by us in case you solicit buyers from our Platform and work with them outside our marketplace in order to avoid trade facilitation fee to us;
  3. We reserve the right to terminate your account in case you do not pay us our trade facilitation fees.
  4. We reserve the right to deny you listing on our Platform in cases: (i) your credentials are not verified by us, (ii) trade facilitation fee of any fraud by you (iii) failure to pay our trade facilitation fee (iv) approaching the RFQ Posters of the Platform outside the platform in order to deny trade facilitation fee to us.
  5. Without limiting the foregoing, we may close, suspend or limit your access to our Platform:
    • If we determine that you have breached, or are acting in breach of, this Agreement;
    • If we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
    • If we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
    • To manage any risk of loss to us, a User, or any other person; or
    • For other similar reasons.
  6. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.

DISCLAIMERS AND LIMITATION OF LIABILITY:

  1. The Platform is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Platform.
  2. The Platform provides content from other Internet sites or resources and while our Platform tries to ensure that material included on the Platform is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
    1. Your use of or your inability to use our Platform, Services and tools;
    2. Delays or disruptions in our Platform, Services, or tools;
    3. Viruses or other malicious software obtained by accessing our Platform, Services, or tools or any site, Services, or tool linked to our Platform, Services, or tools;
    4. Glitches, bugs, errors, or inaccuracies of any kind in our Platform, Services, and tools or in the information and graphics obtained from them;
    5. The content, actions, or inactions of third parties, including items listed using our Platform, services, or tools or the destruction of allegedly fake items;
    6. A suspension or other action taken with respect to your account; and
  3. To the fullest extent permitted under applicable law, our Platform or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Platform to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR 
  4. Our Platform periodically schedules a system downtime for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Platform; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

GOVERNING LAWS AND JURISDICTION:

These Terms and Conditions shall be construed in accord with the laws of United Arab Emirates and the courts of Emirate of Dubai shall have exclusive jurisdiction to adjudicate upon any dispute that arises between the parties regardless of your physical location. 

DISPUTE RESOLUTION:

DISPUTE BETWEEN YOU AND US:

  1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  2. The seat of Arbitration shall be in the United Arab Emirates.
  3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.

DISPUTE BETWEEN USERS ON THE PLATFORM

If there is a dispute between users on this platform, we or our Platform shall be under no obligation to become involved. In the event that You have a dispute with one or more Users in regard to anything be it transactions, delivery or un-delivery of products, disagreement as to price, listing, etc, you hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

PLATFORM SECURITY:

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

PRIVACY:

All Personal Information and User Generated Content provided to or displayed on the Platform and Services are subject to our Privacy Statement.

NOTICE

  1. By using the Platform and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform and Services.
  2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
  3. Notice will be deemed received and properly served immediately when posted on the Platform and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
    1. For letters, the letter was properly addressed, stamped and placed in the post; and
    2. For emails, the email was sent to the specified email address.

LEGAL COMPLIANCE

  1. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any formalities which, if not complied with, will either render a transaction void or unlawful.
  2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Platform are lawful. You must ensure that they comply with all applicable laws in the United Arab Emirates and all other countries.
  3. You should comply with country, state and federal regulations.

LINKS TO OTHER WEBSITES:

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Platform, you do this entirely at your own risks.

NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.

ASSIGNMENT:

  1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
  2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

FORCE MAJEURE:

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

  1. Acts of god;
  2. Natural disasters;
  3. Sabotage;
  4. Accident;
  5. Riot;
  6. Shortage of supplies, equipment, and materials;
  7. Strikes and lockouts;
  8. Civil unrest;
  9. Computer hacking; or
  10. Malicious damage.

DIGITAL SIGNATURE:

  1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.
  2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
  3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
  4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support.

ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

CONTACT US:

For any further clarification of out Terms and Conditions, please write to us at support@factrade.com