Terms and conditions

This is version 1 of our Terms and conditions, which took effect at 8am on 1st October 2020.

Welcome to Tea Inntech!

This website and our related services (collectively, the “Services”) are made available to you subject to the following terms and conditions (the “User Agreement”). The User Agreement is to be read with all information on the page, all of which is incorporated into this User Agreement. By clicking the checkbox labelled “I have read and agree to the Terms and conditions” when you Register an account, you accept the terms and conditions of this User Agreement

If you do not understand any of the terms of the User Agreement, please contact us before using the Services.

Who we are

Tea Inntech is the trading name of Tea Inntech a proprietary company that operates the website teainntech.com (the “Site”).

Definitions

The terms “Tea Inntech”, “we”, “us” and “our” refer to Tea Inntech.

 “Intellectual Property” means any intellectual or industrial property including:

all copyright and rights in the nature of copyright, design rights, patents, trademarks, data base rights, applications for any of the foregoing, rights in trade names, business names, brand names, get-up, logo, Moral Rights, rights in know-how, domain names and URLs, database rights, publication rights, confidential information, trade secrets or any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in India or any other part of the world having equivalent or similar effect to any of the foregoing;

any licence or other right to use or to grant the use of or to be the registered owner or user of any of them.

Intellectual Property Rights” means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

patents, designs, copyright, rights in circuit layouts, plant breeder's rights, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;

any application or right to apply for registration of any of these rights;

any registration of any of those rights or any registration of any application referred to in paragraph (ii); and

all renewals and extensions of these rights.

Invoices” means an invoice of tea by the Supplier pursuant to this User Agreement.

Moral Rights”  means rights of integrity, rights of attribution and other rights of an analogous nature which may now exist, or which may exist in the future, or under the law of a country other than India.

Person/s” means a person or a legal entity.

To “Register” or be “Registered” means creating or having a username and password for an account for use on the Site, such account being created either manually through entering details into a registration form on the Site, or automatically by connecting via a Third Party Service, and “Registration” or “Registering” means the process of doing so.

A “Supplier” is a User who is Registered and posts an Invoices on the Site.

Offer sheet” means a sheet carried out online through the Site for a specified period of time as set by the Supplier. At the expiry, the highest bid after the price idea is met becomes the Buyer.

Modifications

Please check this User Agreement periodically as we reserve the right to change the terms of this User Agreement.

Any amendments to our User Agreement are automatically effective from the date on which they are posted on the Site.

In the event of a change to this User Agreement, a User’s continued use of the Site following the posting of any changes constitutes acceptance of such changes.

Our Services

Tea Inntech is a private E-trade platform through which Users/buyers & brokers connect for the purpose of private tea sales and procurement. We do not act as a traditional auctioneer, but simply provide the technological infrastructure through which Users/buyers and brokers can connect and transact with each other privately.

Any person wishing to use our Services for the purposes of selling or buying, must first Register. Our Services are available only to persons over 18 years of age. By Registering, Users confirm that they are over 18 years of age.

Tea Inntech is not involved in transactions among Users. In particular, the contract for sale of an Invoices is directly between the Buyer and Supplier.

Tea Inntech makes no representation, does not warrant, and has no control whatsoever over:

the quality, safety, fitness for purpose or legality of the Invoices or content posted by Users;

the truth or accuracy of invoices listings;

the ability of Users to sell Invoices or the ability of Buyers to buy Invoices;

the ability of a Buyer or Supplier to actually complete a transaction or act lawfully when using our Site.

Tea Inntech does not take ownership of or title in Invoices at any time, and does not transfer in part or whole any legal ownership of Invoices from Supplier to Buyer. Tea Inntech does not have any control whatsoever over when title and risk in an Invoices will pass from the Supplier to the Buyer.

Tea Inntech does not act as the agent or representative of a User for any purpose in relation to this User Agreement.

Users acknowledge that Tea Inntech collects only limited information about Buyers and Users, which may be only an email address. Therefore, we recommend, Buyers and Users undertake their own enquiries and ensure they collect sufficient details regarding of the Person(s) with whom they are transacting on this Site to ensure they are satisfied that the Person(s) is properly identified to your satisfaction.

Tea Inntech is neither involved in nor responsible for the delivery of an Invoices. The method of, and any charges for, delivery of an Invoices is determined by the Supplier. The Supplier may post instructions on the Site regarding delivery or collection of an Invoices, and such instructions may be contained within automated emails sent by the Site on behalf of the Supplier. However, Tea Inntech is not responsible for the content of these instructions and in the event of any difficulty in receiving an Invoices, the Buyer’s sole recourse is to seek redress from the Supplier.

Tea Inntech reserves the right to withdraw any Invoices from the Site at any time without notice and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances). Circumstances which may lead to us exercising our right under this clause include, but are not limited to, if a Supplier has breached the User Agreement, we are unable to verify or authenticate any information provided to us by the Supplier, we believe that the Supplier’s actions may cause loss or damage to or otherwise unlawfully harm or otherwise harm the reputation of the Supplier, our Users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents, or if we reasonably believe that any of the Supplier’s information (which includes an Invoices listed on the Site) is inappropriate or of an offensive nature.

Third Party Services

Certain aspects of our Services are provided through integration with services provided by parties other than Tea Inntech (the “Third Party Service” or “Third Party Services”).

In order to use the Third Party Services, a User will be required to authenticate with the Third Party Service and agree to that service providing us with certain information in relation to them, such as the User’s name and email address. We will use, store and disclose information provided to us by a Third Party Service, and you consent to our use of such information.

We provide access to Third Party Services for the convenience of our Users, and the integration or inclusion of such services does not imply an endorsement or recommendation by us.

 General Policy

All prices on the Site are cited in Indian Rupees (INR) unless otherwise stated.

We reserve the right to cancel a User’s account for breach of this User Agreement.

Users accept the responsibility to settle any claims or refund to Buyers at their own discretion and in accordance with applicable laws. Buyers acknowledge and agree to submit all claims for return or exchange of an Invoices directly to the Supplier concerned. Tea Inntech is not responsible for, nor involved in processing, such requests.

Users are solely responsible for collecting and remitting any applicable taxes, fees or charges resulting from the sale or purchase of an Invoices or the use of our Services or this Site.

Intellectual property rights

For all content that is listed on the Site, Users hereby grant us a non-exclusive, worldwide, royalty-free, transferrable, perpetual, sub-licensable and irrevocable right to exercise the Intellectual Property Rights that the User holds in the Intellectual Property, in any media known now or in the future.

The copyright to all content on the Site, including the underlying software of the Site, graphics, images, layouts and text, belongs to us, or we have a licence to use those materials. No unauthorised use of any such copyright materials is permitted.

Each User consents in favour of Tea Inntech, its assignees, sub-licensees, successors in title and any person authorised by Tea Inntech that they may carry out any activity, including any acts or omissions to act, in respect of any content that is listed on the Site, the performance or non-performance of which would otherwise infringe the Moral Rights of that User.

Any comment, feedback, idea or suggestion (collectively referred to as “Comments”) which Users provide to us through the Site or email to us becomes our Intellectual Property. Users agree that we are entitled to use such Comments for the purposes of promoting our Site or Tea Inntech’s services without compensation to Users or to any other person who has transmitted such Comments. If Users provide us with Comments, Users hereby acknowledge to be responsible for the content of such material including its legality, it not being defamatory or vilification, originality and copyright.

Users authorise us to use any sheet created by the Supplier as a sample on any of our promotional material relating to the Site or the services of Tea Inntech.

Privacy

By using the Site, Users acknowledge and agree that Internet transmissions are never completely private or secure. Users understand that any message or information Users send to the Site may be read or intercepted by others.

We will use reasonable efforts to take all due care with any information which Users may provide to us when accessing our Site, however we do not warrant and cannot ensure the security of any information which Users may provide to us. Information Users transmit to us is entirely at the Users’ own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.

Users must be aware of, and comply with, any privacy laws which apply to their activity on the Site.

Rules of use

Users agree to the following:

Users agree that the intention of the site is price discovery between the Buyer and Supplier, and is not an invitation to treat.

Users will not reprint, republish or distribute, in any way, any information or materials found on our Site.

Users will not provide to us or post on our Site any information that is not correct, such as an incorrect name, address, email address, auction price listing or any other incorrect information.

Users will not publish any content that contains sexually related text, or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.  

Users will not post any materials on our Site or include any materials in any presentation in violation of any other party’s rights, including, but not limited to, intellectual property or privacy rights.

Users will not attempt to reverse engineer, decompile or derive the source code of any of the software comprising or in any way used on our Site.

Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of our Services including any transaction being conducted on the Site, or with any other person’s use of our Services.

Users agree to ensure that information provided to us is true and accurate at all times, and undertake to update such information as and when it changes.

Your obligations as a Buyer

Buyers are obligated to complete the transaction with the Supplier if invoices are sold to a respective buyer via email unless the transaction is prohibited by law or by this User Agreement.

By bidding on Invoices, a Buyer agrees to be bound by any additional terms and conditions posted by the Supplier on the respective offer and any other conditions of sale included in the offer sheet, as determined by the Supplier.

Your obligations as a Supplier

Users agree to put all Invoices and terms of sale on the generate offer sheet page of their Offer sheet accurately and truthfully.

Users agree that listings may only include text relevant to the sale of that Invoices only.

If the Site register one or more bids on Invoices, the Supplier is obligated to complete the transaction with the highest bidder once the price idea is met after the offer sheet expires as per email.

Where the Supplier generates an offer sheet, the Supplier is obligated to compete the transaction with the Buyer after the expiry of the offer sheet.

Users warrant, covenant and agree that they shall not manipulate the price of an Invoices operated by the Supplier including by way of using a secondary account, an alias or third party to bid for the Invoices.

Users warrant, covenant and agree not to engage in bid siphoning by way of email or contact by any other means with a Bidder in an auction being run by a different Supplier on the Site offering the same or similar Invoices at any price level.

Users agree and undertake not to make any modifications or changes to any Invoices that has been  dispatched once the first bid has been made on that Invoices by a buyer.

Active offer sheet

Users acknowledge and agree that the highest bid is determined at the expiry of the offer sheet. No contract of sale is formed between the Buyer and the Supplier until the offer sheet expires.

Disclaimer of warranties

Except as expressly set forth herein, and to the full extent permitted by law, the material on this Site (including all content, software, functions, services, materials and information made available herein or accessed by means thereof) and the Services are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose, identity of Users or completion of the sale of Invoices.

Limitation of liabilityTo the full extent permitted by law

Tea Inntech (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) is not liable whatsoever for any loss or damage however caused which a User may directly or indirectly suffer in connection with their use of the Site. Users assume full responsibility and risk of loss resulting from use of the Site and the Services.

Each User hereby releases Tea Inntech (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) from all liabilities, claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with any dispute between Users.

While Tea Inntech strives to maintain a safe trading environment, you accept that there are risks when trading online and using our Site and our Services, including dealing with underage or fraudulent Persons. Users acknowledge that the Site is an online platform which allows anyone to offer, sell, buy any Invoices at any time and from any territory (whether in India or elsewhere). Users acknowledge that we are not directly involved in the actual transaction between Buyer and Supplier. Tea Inntech has no control over and does not guarantee the quality, safety or legality of Invoices advertised, the truth or accuracy of Users' content or listings, the ability of Users to sell Invoices, the ability of Buyers to pay for Invoices or that a Buyer or Supplier will actually complete a transaction or settle a claim

Tea Inntech bears no responsibility for any loss or damage caused directly or indirectly by inaccurate or misleading information published on the Site.

Under no circumstances shall we or any of our related bodies corporate or our or their directors, officers, employees or representatives be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits.

This User Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, to:

the supply of the Services again; or

The terms and conditions of Third Party Services may include giving consent for the provider to collect, use, store and disclose information in relation to the User’s activity on the Site. The manner in which the Third Party Service collects, uses, stores and discloses such information is governed solely by the policies of the third parties operating the Third Party Services, and Tea Inntech shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that the User accesses.

Tea Inntech is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services. As such, Tea Inntech shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Service.

Indemnity

Each User hereby indemnifies and agrees to hold each of the Indemnified Parties harmless from any and all claims, expenses, costs, liabilities and losses (including, but not limited to, legal fees) incurred by an Indemnified Party, resulting from any claims that are asserted, or may be asserted, based on or relating to the User’s use, or the use by any individual using the User’s password, of our Services.

Each User hereby indemnifies and agrees to hold each of the Indemnified Parties harmless from any and all claims, expenses, costs, liabilities and losses (including, but not limited to, legal fees) incurred by an Indemnified Party, arising out of:

a breach of this User Agreement by the User;

a warranty and/or representation provided by the User (or another person on behalf of the User) under this Agreement being untrue or misleading;

a breach of an undertaking given by the User under this User Agreement;

any arrangement between the User and another User;

any claim from a third party arising from the User’s conduct;

the User’s improper use of our Services;

the User’s breach of any law;

the User’s breach of any rights of a third party.

Each indemnity contained in this User Agreement will survive the termination of a User’s account and/or the expiry or termination of this User Agreement. An Indemnified Party may recover a payment under an indemnity in this User Agreement before it makes the payment in respect of which the indemnity is given.

For the purposes of this User Agreement, “Indemnified Parties” means Tea Inntech, including our affiliates and related bodies corporate, as well as our and their respective officers, directors, employees and agents.

Responsibility for use of password

Users are entirely responsible for maintaining the confidentiality of the information on their accounts with us and with Third Party Services, including their password, and for any and all activity that occurs under a User’s account as a result of failing to keep this information secure and confidential.

Users agree to notify us immediately of any unauthorised use of an account or password, or any other breach of security at teainntech@gmail.com

Users may not use another User’s Tea Inntech password or account at any time without the express permission and consent of the holder of that Tea Inntech password or account.

We cannot and will not be liable for any loss or damage arising from the User’s failure to comply with these obligations.

Links to other sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Users. Such Linked Sites are not under our control, and we have not reviewed the content of all Linked Sites, are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites or their terms of use. We suggest that Users carefully review the terms of use of any Linked Site.

Abuse of the Site and Tea Inntech’s Services

Tea Inntech may, among other options, limit, suspend or terminate a User’s account, prohibit access to Tea Inntech services, remove hosted content, and/or take technical and legal steps to keep Users off the Site if Tea Inntech reasonably believes, at its sole discretion, that the User is conducting itself in an improper manner, abusing the services offered by the Site, or creating a possible legal liability. Tea Inntech also reserves the right to cancel any User’s account that has been inactive for over twelve months.

Reporting violations

If a User becomes aware that any other person is violating any of the terms and conditions of this User Agreement, please notify us immediately by email at teainntech@gmail.com

Assignments

Users may not assign, license or sub-license any rights hereunder.

Exclusion

We shall not be liable for any delay or failure in performance of any part of this User Agreement or the Services from any cause, whether beyond our control or not, and with or without our fault or negligence, such as power blackouts, acts of hackers and other illegal activities of third parties, or acts or omissions of telecommunications common carriers or acts, omissions, overloading or reduced speed over the Internet or any third party Internet service providers.

Compliance with law

Users may not use our Services for any purpose that is unlawful or prohibited by this User Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others whether intellectual property or otherwise.

Users warrant and undertake to Tea Inntech and all Users not to offer for sale any Invoices which a Supplier cannot sell to the Buyer free from all charges, liens and encumbrances.

Users warrant and undertake to comply with all laws and regulations of the territory in which the Buyer and Supplier of the transaction respectively resides or conducts business, including but not limited to export and import laws. Buyers and Users are responsible for making sure that the transaction of an Invoices is lawful in both the country of the Buyer and Supplier.

Users are responsible for complying with all laws and regulations applicable to the sale and delivery of Invoices to Buyers, regardless of where the relevant Users and Buyers are located.

Users hereby acknowledge that it is the sole responsibility of the Supplier to ensure that the Supplier is fully aware of, complies and continues to comply with any and all laws and regulations of the territory in which the Supplier resides.

Prohibited and restricted Invoices

Users are solely responsible for making sure that the other Users are allowed to buy or sell Invoices.

Each Supplier warrants and undertakes to Tea Inntech and its Users that it will not offer invoices for sale on the Site which is unlawful, restricted or prohibited in India or in the territory of the Supplier.

A User must not take any action to purchase Invoices on the Site, where the purchase of Invoices would be unlawful, restricted or prohibited in the territory of the User.

The following is a non-exhaustive list of Invoices which are explicitly prohibited from the Site, notwithstanding whether they may be lawfully offered for sale in any particular territory.

Alcohol

Adult related Invoices which are inappropriate for people under 18 years of age

Animal traps

Animals: Tea Inntech strictly prohibits use of the Site to auction:

Animal products, organs, or body parts

Chance listings – Tea Inntech does not allow listings that sell an opportunity to win an Invoices or a prize either by chance or in connection with a skill contest

Counterfeit currency and stamps, as well as equipment designed to make such articles

Currently active bank credit or debit cards, expired bank or store cards

Drugs and drug paraphernalia, including prescription drugs

Embargoed Invoices – Users must comply with Government trading restrictions in their country of residence

Fireworks or other dangerous or hazardous materials

Government documents, identification cards or licences

Intellectual property-infringing, replica and counterfeit Invoices

Lock-picking or lock smithing devices including key cutters

Mailing lists or Invoices containing personal information

Offers of credit or credit accounts

OEM (Original Equipment Manufacturer) software

Personal relationships, including in-person or online relationships

Plants or seeds

Police-related Invoices

Postage stamps or government related transit Invoices unless vintage or collectible which are no longer in use or circulation provided that the Supplier states this in the listing

Any Invoices covered by a government trading restriction in the User’s country of residence

Radio communication devices such as mobile telephone jammers, GPS (Global Positioning System) jammers and mobile telephone boosters

Real estate

Recalled Invoices

Stocks and other securities

Stolen goods

Therapeutic goods

Tickets over face value

Tobacco

Used cosmetics or applicators

Used undergarments

Weapons, knives or firearms

Notices

Legal notices must be served on us by post at 24, Mathursen Garden lane. Notice will be deemed given at 9:00am (IST) on the fifth business day (being a day which is not a Saturday, Sunday, public holiday or bank holiday in Sydney, India) after the date of posting, whether delivered or not.

We will serve legal notices on you at the email address you provide to us during Registration. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid or that the email has not been delivered.

Disputes

Tea Inntech does not participate in disputes between Users. If another User breaches any obligation to you, you – not Tea Inntech – are responsible for enforcing any rights that you may have. In the event of a dispute between you and another User, we encourage you to resolve the dispute quickly and amicably, using the communication channels. If you have a dispute with another User, you release Tea Inntech (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us in accordance with clause 25) above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Jurisdiction and law

Users agree that the terms of this User Agreement will be governed, construed and litigated in and in accordance with the laws of India

Severability

The unenforceability or invalidity of any term, provision, section or subsection of this User Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this User Agreement. Such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

Entire agreement

This User Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings among the parties hereto relating to the subject matter hereof. By ticking the checkbox labelled “I have read and agree to the User Agreement” when you Register an account on the user registration form, you agree to this User Agreement.