Terms of Service

Last updated on Oct 01, 2021

Maalexi.com is a blockchain enabled digital platform (‘Website’) that provides information management to Sellers and Buyers by facilitating them to connect, and transact with each other. The Seller or Buyer are referred to as ‘User’ singularly, and plurally as ‘Users’. Maalexi.com provides its online services under the commercial license of ‘Maalexi Inc.’, which owns and renders Maalexi.com, including its website and use. By clicking “I ACCEPT” OR OTHERWISE ACCESSING OR USING any of the services on Maalexi.com, User acknowledges to have READ, UNDERSTOOD, AND AGREED to be bound by these Terms of Service. User also represents that User has the legal authority to accept the Terms of Service on behalf of itself for availing any Services on Maalexi.com. If User does not agree to Maalexi.com Terms of Service, User should not use Maalexi.com. If User is an individual who is entering into these Terms of Service on behalf of a Company registered on Maalexi.com ('User Company'), User warrants that User has the power to represent that User Company, and User hereby agrees on that entity’s behalf to be bound by these Terms of Service. User and User Company has been used interchangebly in these Terms of Service ('TOS").

These TOS apply on User if the User uses Maalexi.com in any form, which includes visiting, viewing and registering in form of a registered User whether Seller or Buyer or Both.

  1. COMMUNICATIONS
  • 1.1. When the User browses Maalexi.com or sends e-mails to Maalexi.com, the User is communicating with Maalexi.com electronically. Maalexi.com will communicate with User electronically in a variety of ways, such as by emails, SMS, WhatsApp messages, newsletters, notifications or by posting communication on the website or through other commuincation channels, which includes communication done through User dashboard (‘Seller and/or Buyer Dashboard’), and sending out notifications.
  • 1.2. For contractual purposes, User agrees that all agreements, notices, disclosures, and other communications that Maalexi.com provides the User electronically satisfy any legal requirements, that such communications will maybe either in writing or be verbally communicated, unless mandatory applicable laws specifically require a different form of communication.
  1. RECOMMENDATIONS AND PERSONALIZATION
  • 2.1. Maalexi.com will recommend features, services that might be of interest to User, identify User preferences, and personalize User experiences.
  • 2.2. User are free to accept or reject Maalexi.com recommendations which they deem fit.
  1. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
  • 3.1. All content included in or made available through any Maalexi.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Maalexi.com or its content suppliers and is protected by applicable local and international copyright, authors' rights and database right laws.
  • 3.2. User is not allowed to extract and/or re-utilize parts of the content of any Maalexi.com without Maalexi.com’s express written consent. In particular, User may not utilize any data mining, robots, or similar data gathering and extraction tools to extract at any-time for re-utilization any substantial parts of Maalexi.com content, until it is explicitly approved in writing by Maalexi.com.
  • 3.3. User is also not allowed to create and/or publish User’s own database that features substantial parts of any Maalexi.com content (e.g., Maalexi.com prices and Item listings) without Maalexi.com’s express written consent.
  • 3.4. Any infringement of Maalexi.com rights either partially or fully, direct or in-direct will result in requisite action from Maalexi.com.
  1. RIGHTS OF ACCESS
  • 4.1. Subject to User’s registration on Maalexi.com, the User is granted rights of access to Maalexi.com. This access does not include any resale or commercial use of Maalexi.com or its contents; any collection and use of any Item listings, descriptions, or prices; any derivative use of Maalexi.com or any of its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  • 4.2. All access rights are expressly granted to User in these Terms of Service are reserved and retained by Maalexi.com or its licensors, suppliers, publishers, rights holders, or other content providers.
  • 4.3. No services of Maalexi.com, nor any part of any Maalexi.com, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Maalexi.com express written consent.
  • 4.4. User may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page alert, or form) of Maalexi.com without Maalexi.com express written consent. User may not use any meta tags or any other "hidden text" utilizing Maalexi.com's names or trademarks without Maalexi.com express written consent.
  • 4.5. User is not allowed to misuse Maalexi.com and allowed to use as permitted by law.
  • 4.6. These rights of access granted to User by Maalexi.com will terminate if User does not comply with these Terms of Service.
  1. USER ACCOUNT AND RELATED RESPONSIBILITIES
  • 5.1. User will need to register, along-with providing and getting User information verified by Maalexi.com to use services provided on Maalexi.com.
  • 5.2. User agrees that after registration and/or subscription, the User will receive different types of communication from Maalexi.com that may include emails, SMS, WhatsApp messages, newsletters, and notifications.
  • 5.3. User may need to be logged into the account and have a valid payment method associated with it to make payments for the services offered by Maalexi.com. If there is a problem in charging User selected payment method Maalexi.com may charge any other valid payment method associated with User account or issue User a debit note which User agrees to settle at immediate notice by either transferring funds to Maalexi.com’s bank account, payment gateway or providing new credit or debit card details.
  • 5.4. If User uses Maalexi.com then User is responsible for maintaining the confidentiality of User account and password and for restricting access to User account, and to the extent permitted by applicable law User agrees to accept responsibility for all activities that occur under User account or password.
  • 5.5. User should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Maalexi.com immediately if User has any reason to believe that User password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
  • 5.6. User is responsible for ensuring that the details User provides Maalexi.com are correct and complete, and is required to inform immediately, of any changes to Maalexi.com.
  • 5.7. User can access User information through User dashboard that is available once the User logs in with User username and password on Maalexi.com.
  • 5.8. User must not use Maalexi.com: (i) in any way that causes, or is likely to cause, access interruption, damage or impairment in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
  • 5.9. Maalexi.com reserves the right to refuse service, terminate accounts or remove or edit content if User are in breach of applicable laws, these Terms of Service or any other applicable terms and conditions, guidelines or policies.
  • 5.10. Any accounts which are inactive, User has not logged-in, over a period of 365 (three-hundred and sixty-five) days from day the User account was created on Maalexi.com server/s, will be closed, and the Users will be intimated by a single email about this User account closure.
  • 5.11. All User information (which includes transactional data) will be deleted from Maalexi.com server/s after 24 (twenty four) months from the date, when that data was entered on Maalexi.com, except in case where a legal authority or a court of law would restrict Maalexi.com to erase such an information for the User/s.
  • 5.12. Users desiring closure of their account with Maalexi.com may send request to [email protected] mentioning “Close My Account, and Delete My Information’ in the subject line, and Maalexi.com will delete all data associated with the User account. Any ongoing transaction/s (or disputes) need to be fully closed before the User account can be closed and User data deleted.
  • 5.13. User agrees and gives consent that our Financial Partners to provide their financial solutions, may undertake KYC, due diligence procedures or checks on the User, either directly or through their or Maalexi.com nominated agencies even before filing a formal credit or payment application.
  1. RATINGS, REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
  • 6.1. Maalexi.com utilizes its proprietary rating engine (or algorithm) to gather information for certain indicators for each User.
  • 6.2. Based on the information provided by the Seller and Buyer, during registration and subsequently verified, they are awarded badges (‘Corporate Badge’) on five levels of credibility – Platinum (highest), Gold (high), Silver (medium), Bronze (low) and Blue (very low or unrated). Five information parameters are used for arriving at scores for corporate credibility and these are:
    • 6.2.1. Current Annual Revenue of the Company,
    • 6.2.2. Number of Employees in the Company,
    • 6.2.3. Years in Business,
    • 6.2.4. Country of Incorporation,
    • 6.2.5. Ownership Type.
  • 6.3.The Corporate Badges are renewed on 01-January of each year, based on new information requested from Users by Maalexi.com.
  • 6.4.Sellers and Buyers may rate each other on a five-star scoring scale (‘Performance Score’) based on their satisfaction levels on the transactions executed between them on Maalexi.com. The five-star scoring scale has five parameters with scoring for: One (poor), Two (bad), Three (satisfactory), Four (good) and Five (excellent), to arrive at average transaction rating score for each Seller and/or Buyer.
  • 6.5.User is allowed to post reviews, comments and other content; send communications (through forums and chat messages); and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
  • 6.6.User will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User’s Items or any other content that is incorrect.
  • 6.7.Maalexi.com reserves the right to remove or edit such content and may block or delete User account if Maalexi.com finds continuous posting (more than three instances) of such content being placed from that User’s account.
  • 6.8. If User believes that any content or advertisement for sale (or any listing) on Maalexi.com contains a defamatory statement, or that User’s intellectual property rights are being infringed by an item or information on Maalexi.com, please notify Maalexi.com by emailing to – [email protected].
  • 6.9. If User posts customer reviews, comments, customer questions or answers, or other content generated by User for display on the website including any images, video or audio, all together "content", the User grants Maalexi.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, Maalexi.com may store on Maalexi.com servers and those of third parties, make available, translate, and modify such content throughout the world in any media. User grants Maalexi.com and Maalexi.com’s sub-licensee the right to use the name that User submit in connection with such content.
  • 6.10. User represents and warrants that the User owns or otherwise controls all of the rights to the content which the User posts; that the content is accurate; and that use of the content User supplies does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
  • 6.11. User agrees to indemnify Maalexi.com for all claims brought by a third party against Maalexi.com arising out of or in connection with the content and material User supplies or uploads on Maalexi.com.
  • 6.12. Maalexi.com has the right but not the obligation to monitor and edit or remove any activity or content. Maalexi.com takes no responsibility and assumes no liability for any content posted by User or any third parties on Maalexi.com.
  1. SANCTIONS POLICY
  • 7.1. User cannot use Maalexi.com, if User is the subject of United States (‘US’) sanctions or of sanctions consistent with US law imposed by the governments of the country where User is using Maalexi.com.
  • 7.2. User must comply with all US export and re-export restrictions that may apply to goods, and services. These include goods that are restricted under Convention on International Trade in Endangered Species ('CITES') of Wild Fauna and Flora Agreement (text of the resolution can be accessed on this link here -> https://cites.org/eng/disc/text.php).
  • 7.3. User may not use Maalexi.com if country of User’s citizenship or residence comes under or is part of US sanctions.
  • 7.4. User cannot use Maalexi.com if country where User’s Items are stored is under US sanctions.
  • 7.5. Nothing in these Terms of Service shall, or shall be interpreted or construed to, induce or require Maalexi.com or User to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable International laws, regulations, rules, or requirements.
  • 7.6. User are prohibited to trade in goods that are hazardous in nature which can in anyway pose health risks.
  1. DATA RETENTION
  • 8.1. The User indemnifies Maalexi.com for any loss of information stored on its servers and allows Maalexi.com to erase the stored information about the User and User’s transactions undertaken on Maalexi.com, after a period of 365 (three hundred sixty-five) days.
  • 8.2. It is Users own responsibility to keep the records or copies of all transactions, undertaken by the User on Maalexi.com, for any local or international accounting and tax purposes.
  1. OTHER THIRD PARTIES
  • 9.1. Maalexi.com may provide links to the sites of affiliated companies, and in some cases certain other businesses. Maalexi.com is not responsible for examining or evaluating, and Maalexi.com does not warrant the offerings of, any of these businesses or individuals or the content of their websites.
  • 9.2. Maalexi.com does not assume any responsibility or liability for the actions, Item, and content of all of these or any other third parties. When a third party is involved in User transactions, Maalexi.com may share User information related to those transactions with that third party.
  • 9.3. User should carefully review Maalexi.com, and the third-party’s Privacy Policy and Terms of Service, for full understanding of potential liabilities.
  1. LISTINGS
  • 10.1. Maalexi.com publishes comprehensive Item related information on the Website as provided by the Seller, but the actual or the final Item packaging, materials and prices maybe different to that displayed on the Website.
  • 10.2. Maalexi.com recommends that User do not rely solely on the information presented on Maalexi.com by the Sellers. Buyers may contact Sellers, if required, through the Public Forum to fully understand the quality and quantity of Items, before buying any Items on the Website. When the Buyer clicks 'Buys Now' it initiates a Sales and Purchase Agreement which is accepted and deemed signed between the Buyer and Seller, and both the Parties become liable for any obligations arising out of this activity.
  • 10.3. Seller accepts full responsibility without any limitations to update the Item listings which the Seller publishes or uploads on Maalexi.com, any penalties that may result as a result on wrong information and non-updation of these listings will be fully borne by the Seller.
  • 10.4. The Seller should in case of selling any Items that have been listed on Maalexi.com should immediately update the same on Maalexi.com, which if not updated will construe wrong information, and any accidental purchase by Buyer will result in penalties to the Seller.
  • 10.5. For professionally prescribed Items, please carefully read the information provided by Seller, and contact Seller before purchasing on Maalexi.com.
  • 10.6. Seller agrees that Maalexi.com and Maalexi.com’s approved third parties, may enhance the images or presentation of the Seller’s Item listing for providing a better Item understanding to both the Parties.
  • 10.7. Maalexi.com accepts no liability for inaccuracies or mis-statements about Items listed by Sellers, Manufacturers or other Third Parties.
  1. SALES AND PURCHASE RELATED RESPONSIBILITIES
  • 11.1. Maalexi.com may nominate third parties to facilitate Seller to execute their contractual obligations as per the Sales and Purchase Agreement (‘SPA’) deemed signed and agreed by them with a Buyer on Maalexi.com.
  • 11.2. When the Seller uploads the listing on Maalexi.com it is deemed that the Seller has accepted the terms of the SPA and this TOS.
  • 11.3. The Buyer needs to inform the Seller about any specific documentation requirements (exports and Shipment) before clicking ‘Buy Now’ on Maalexi.com, through the Public Forum and will bear full responsibility if such a document/s is/are not provided at a later stage, and this should not become a basis for rejection of delivery by the Buyer for Items delivered by the Seller.
  • 11.4. When the Buyer clicks ‘Buy Now’, it is deemed that the SPA is accepted by the Buyer and a digital SPA will be issued. The SPA can be cancelled by either Parties within 24 hrs by informing Maalexi.com, after expiry of 24 hrs it is not possible to cancel the SPA, and its is deemed fully accepted by both the Parties.
  • 11.5. There can be different types of Payment Terms offered by the Seller to the Buyer, which will be specified in the SPA.
  • 11.6. All aspects related to supply are responsibility of the Seller and all aspects related to Payment (in any form or type) are responsibility of the Buyer. The Sellers and Buyers on Maalexi.com need to reach out to each other and resolve their differences, disputes, claims and penalties, and Maalexi.com is no way liable or involved in addressing any of these issues.
  • 11.7. Any taxes paid for making and receiving remittances have to be borne by the Users.
  • 11.8. Inspection Agency ('IA'), will be either a company nominated by Maalexi.com or will be personnel appointed by Maalex.com to conduct Pre or Post-Shipment Inspections. The IA will be notified to conduct the Inspection, either on Pre- or Post-Shipment basis as selected by the Buyer before pressing ‘Buy Now’. As soon as the Inspection Report is provided by the IA to Maalexi.com, the Buyer and Seller will be intimated, and Buyer will have the right to accept or reject the results of inspection cited in the report, with 1 (one) day of such an initimation. In case of no response from Buyer, within 1 (one) day of submission of the Inspection Report, it will be automatically deemed accepted by the Buyer. In case the Buyer wants to reject the the report then the Buyer will need to click ‘Reject’ button in the dashboard (on Maalexi.com) which will open the dispute. The reason for rejection needs to be provided by the Buyer on opening the dispute.
  • 11.9. Seller will upload all Documents for Shipment as mentioned in Section 9.5. of the SPA. Once all the Documents for Shipment have been uploaded on Maalexi.com and Buyer intimated, the Buyer will digitally confirm acceptance within 1 (one) day of submission of these documents. Buyer’s Acceptance of the these Documents for Shipment confirms the Buyer approval of these documents and acceptance of the Shipment, as per the SPA. In case of no response from Buyer, within 1 (one) day of submission of the Documents for Shipment, they will be automatically deemed accepted by the Buyer. In case the Buyer wants to reject the Documents for Shipment then the Buyer will need to click ‘Reject’ button in the dashboard (on Maalexi.com) which will open the dispute. The reason for rejection needs be provided by the Buyer on opening the dispute.
  • 11.10. Buyer should note that rejection of compliant Documents for Shipment, including Inspection Report with 'Satisfactory' inference from the Inspection Agency, will result in penalties, and opening of dispute process by the Seller.
  • 11.11. In case of cargo insurance claims, the Seller or Buyer will directly file claim with the Insurer without any recourse whatsoever to Maalexi.com.
  • 11.12. Maalexi.com may nominate any third parties to enhance customer services on Maalexi.com.
  • 11.13. The Users will need to comply with the service requirements and procedures, of all third parties mentioned in Section 11.1 of this TOS, as indicated on their respective websites, and any other third parties that may be added in the future. Any new third-parties added by Maalexi.com will be duly notified to the Users for their knowledge and information, and it is the responsibility of the Users to read and adhere to the terms of services of these third parties.
  • 11.14. Buyer should note that in a special case of return of Items under the SPA, the shipping, duties & taxes and documentation for such a return will be borne by the Buyer.
  • 11.15. Seller and Buyer are at liberty to discuss any Warranties outside the scope of this Term of Service.
  • 11.16. Buyer bears full responsibility for payment of import duties and taxes, and documentary compliance for Items delivered under the SPA, and indemnifies Maalexi.com from any future claims for shortfall in duties and taxes, and documentary compliances.
  • 11.17. Buyer understands that any delays and rejections by the import authorities in Buyer selected country of import due to changes in regulations, errors in charging duties, Buyer’s inability to provide requisite documents for custom clearances, and any such events that do not allow the Items to be delivered to the Buyer, are not in control of Maalexi.com and the Buyer bears full responsibility for such compliances.
  • 11.18. All documents will be uploaded by the Seller, and all acceptances will be done by the Buyer, where required, on their respective Maalexi.com dashboards.
  • 11.19. Maalexi may facilitate arrangement of financing or credit line ('Facility') for interested User/s through Maalexi's Financial Partners if requested by the User ('Borrower').
  • 11.20. Different types of fees to be paid by the User to Maalexi are mentioned on the 'Pricing' page on Maalexi.com, and respective terms governing these fee payments are integral part of this TOS.
  • 11.21. SPA that do not have any delivery or execution for more than 60 (Sixty) days but less than 90 days, from the date of SPA, will undergo following treatment:
    • 11.21.1. Seller will be contacted and if no execution is anticipated, based on two types of reasons of non-delivery
    • 11.21.1.1. Reason(s) that are of Force Majeure in nature, then the SPA will be deleted
    • 11.21.1.2. Reason(s) that are due to Performance iInability of the Seller, then the SPA will be cancelled
    • 11.21.2. For SPA where the delay has surpassed 90 days, the SPA will automatically either deleted or cancelled, based on the either of the two reasons cited above Section 11.21.1.
  1. GOVERNING LAW AND GUIDING PRINCIPLES
  • 12.1. Questions under this TOS shall be governed by the UNIDROIT Principles of International Commercial Contracts, 2016 (hereafter referred to as UNIDROIT Principles), and to the extent that such questions are not covered by the UNIDROIT Principles, will be governed by the Delaware State Law.
  • 12.2. This TOS is construed under Delaware State Law.
  • 12.3. The place of legal court for this TOS will be in Delaware (United States of America).
  1. DISPUTES AND ARBITRATION
  • 13.1. All the Parties will try to resolve their differences (for the purpose of this section, is referred to as “Dispute”) through mutual consensus which if not reachable will then proceed for arbitration based on the rules of American Arbitration Association (‘AAA’), United States of America, and the arbitration should be done digitally (for details on AAA please refer - https://www.adr.org/).
  • 13.2. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of terms in this SPA or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Arbitration Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules of the Arbitration Center. The language of arbitration will be English.
  • 13.3. For the purposes of this section, Parties waive any objection to either the Arbitration Center for arbitration for prosecution, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
  1. PENALTIES
  • 14.1. Maalexi.com will not be anyway responsible for collection of Seller dues from the Buyers, and losses or penalties that may incured by either of the Parties for non-compliance to the terms of the SPA agreed and deemed signed by them on Maalexi.com. The Parties will need to engage directly with eachother to address these issues.
  • 14.2. Both Parties allow Maalexi.com exclusive right to block and/or delete accounts of either Seller and/or Buyer which default three times on their obligations under these Terms of Service and the SPA.
  • 14.3. Both Parties understand that defaulting on their contractual obligations under these Terms of Service and are fully aware that any breach to this agreement will result in adverse impact to their ratings and reviews on Maalexi.com. Any breaches to this agreement may result in Maalexi.com employing legal measures to recover the amounts owed for unpaid invoices issued by Maalexi.com to Users.
  1. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE TERMS OF SERVICE
  • 15.1. Maalexi.com reserves the right to make changes to any Maalexi.com’s policies, terms and conditions under this Terms of Service, at any time.
  • 15.2. User will be subject to Terms of Service, and policies, in force at the time that User uses Maalexi.com. If any of these Terms of Service is deemed invalid, void, or for any reason unenforceable, that these Terms of Service will be deemed severable and will not affect the validity and enforceability of any remaining sections under this Terms of Service.
  1. WAIVER

If User breach these Terms of Service and Maalexi.com take no action, Maalexi.com will still be entitled to rights and remedies.

  1. MAALEXI.COM CONTACT DETAILS
  • 17.1. Maalexi.com is operated under commercial license of ‘Maalexi Inc.’
  • 17.2. Maalexi.com contact details are: Maalexi Inc., 2810 N Church Street, Suite 76846, Wilmington, Delaware, United States of America - 19802. [email protected] | https://www.maalexi.com
  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
  • 18.1.If User believe that User’s rights are being infringed, User may send a formal email describing User issue or concern, to Maalexi.com on [email protected] .
  • 18.2. Upon receipt of User email Maalexi.com may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved.
  • 18.3. In sending User email, User grants to Maalexi.com the right to use, reproduce, modify, adapt, store, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding User email to the parties involved in the provision of the infringing content.