PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.
- Application and Acceptance of the Terms
1.3 You acknowledge and agree that KFT may amend any Terms at any time by posting the relevant amended and restated Terms on the Platforms without any further notice to you separately.
By continuing to use the Services or the Platforms, you agree that the amended Terms will apply to you.
1.4 If KFT has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Platforms.
1.5 You may be required to enter into a separate agreement, whether online or offline, with KFT or our affiliate for any Service (“ Additional Agreements ”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of KFT.
- Service Declaration
2.1 Unless otherwise expressly specified by KFT in the future, both newly released products or added service functions are applicable to the provisions thereunder. KFT has the right to formulate and modify the “Terms” or various kinds of rules or policies as required. Any changes to the Terms and such rules or policies will be published on the Website of KFT and take into effect automatically. Those members who continue the use of various kinds of services provided by the Website or the registration thereon shall be deemed to have accepted the modified Agreement and various kinds of rules and be willing to perform them.
2.2 Unless permitted by related applicable laws or agreed by our company, the information on the Website and any part thereof shall not be re-edited, copied, plagiarized or used for any commercial purposes which are not permitted by laws or our company. Where our company ascertains that the actions of a user have been against the law or caused harm to the lawful rights and interests of the Website and our company or any member(s) on our Platforms, we will take related legal actions, including but not limited to rejecting providing services and freezing or deleting the member’s account, etc.
2.3 KFT is used as a trading and service platform for posting products and buying requests for business and services for business as well. When using KFT, the members shall understand that all the information published thereon are freely published by the members of KFT (the suppliers or the buyers) and that such members shall take full responsibility for any information provided by themselves by operation of law. KFT performs necessary check (filtering) of the information, but takes no legal responsibility for the legality, accuracy and authenticity thereof.
Where a user finds that some information contains false or illegal contents, contact KFT timely. After such contents are verified, KFT is entitled to take actions to delete them or block related links in accordance with the laws of INDIA or other countries / regions including the country / region in which you are resident or from which you use the Services, and regulations as well as governmental regulatory document. KFT is not responsible for the deletion and storage failure of the information published by any members.
2.4 Both the buyer and the supplier shall abide by the related laws and regulations of INDIA or laws and regulations of other countries / regions including the country / region in which you are resident or from which you use the Services during their trade of bulk commodities by using the information provided on KFT. KFT takes no legal responsibility for any disputes when any member reaches an agreement, including but not limited to goods supply or payment disputes or any accidental conditions arising during the logistics, processing, distribution and use of the goods, etc.
- Members’ Rights and Obligations
3.1 You may publish the supply and purchase information of a product or a service on KFT directly, including main trade properties of trade products, such as product name, brand, manufacturer, place of origin, effective period, minimum order quantity, and business match, business opportunities push, etc.
3.2 Each member shall provide KFT with timely, detailed, accurate and true information about the unit he/she represents on the registration page and company profile that member shall provide so that KFT can provide you with better services on the conditions of knowing your personal information; in case of any changes to such information, notify KFT timely; otherwise the risks and responsibilities arising therefrom shall be borne by the member.
3.3 Where any member discovers any illegal use of the account or any security holes, notify KFT immediately in order to maintain the benefit of all members.
3.4 The user name and password provided by any member when such member registers on KFT shall be used by the member only, and it is the responsibility of the member not to disclose the password. In case that the member loses the password or has it damaged carelessly, the member shall notify KFT immediately to disable the old password and reset a new password. Any losses arising out of password loss shall be borne by the member.
3.5 Any member shall not publish any information on KFT which violates legal rules, such as false, malicious, or ambiguous information or the information involving infringement. Otherwise, the member shall take the responsibility for such infringement.
3.6 All members shall bear the risks and responsibilities of using the information on KFT. KFT provides no assurance of any kind thereof. Each member shall take full responsibility for his/her own trade risk.
- KFT’s Rights and Obligations
4.1. KFT has the obligation to maintain normal use of the whole platform system based on existing technologies and make efforts to upgrade and improve technologies so as to ensure successful online activities of all members.
4.2 For the undue action of any member or the conditions under which services shall be terminated as any other platform deems, KFT has the right to delete related information and terminate service provision, etc. at any time without the consent of such member.
4.3 KFT has the right to consult the data registered by any member, to send to such member an enquiry or a notice requiring the correction thereof when discovering any problems or doubts existing in the registered data, or to delete such data directly, etc.
4.4 KFT takes no responsibility for the information published by any member or a reached trade. All losses incurred therefrom shall be borne by both parties, and all economic disputes arising therefrom shall be claimed by the non-responsible party against the responsible party.
4.5 KFT has the obligation to keep confidential the registered data, records, etc. of any member, and shall not disclose such information to any third parties unless specified by a legal authority, related system, rules or related agreement.
4.6 You hereby expressly authorize KFT to disclose your account information to all KFT Websites and authorize all KFT Websites to use your account information upon successful registration to facilitate your use of services of KFT Websites.
4.6 For various kinds of the following information published by any member in the platform system, KFT has the right to delete such information or take other limit measures without prior notice to the member. In addition , you agree that KFT will not assume any liability to you or any third party due to deletion of the information provided to you.
Such information includes but is not limited to:
(1) The information for hyping prestige;
(2) The information which KFT has reason to believe that it contains malicious or false contents such as fraud, etc.;
(3) The information which KFT has reason to believe that it is unrelated to the services provided on KFT;
(4) The information which KFT has reason to believe that it contains malicious bidding or other factors used to disturb normal trade order;
(5) The information which KFT has reason to believe that it violates public interests or may cause serious harm to the legitimate interests of KFT and other members.
You agree that KFT will not assume any liability to you or any third party due to delete of the information provided to you.
- Interruption and Termination of Services
KFT reserves the right to temporarily or permanently change or terminate all or part of the Services in the form of an announcement at its Website without any further written notice.
5.1 KFT may terminate services via cancellation of membership under one of the following circumstances:
(2) If KFT fails to contact any member via the information provided by such member, KFT has the right to terminate providing services for the member;
(3) Once KFT discovers that the main contents in the data registered by any member are false, KFT has the right to terminate providing services for such member at any time;
(4) Any member is expressly unwilling to accept a new service agreement after this Agreement terminates or is updated;
(5) Any other circumstances under which KFT deems that services shall be terminated.
(1) When suspending or terminating providing services, KFT has the right to delete the information of goods which has been uploaded on the KFT system prior to suspension and termination of services;
(2) Where any member notifies KFT of his/her conclusion of a trade contract with another member prior to suspension and termination of services, KFT will not delete such information provided that when suspending or terminating providing services, KFT has the right to notify the foresaid another member of the foresaid notifying member whose services have been suspended or terminated.
5.3 You agree that KFT will not assume any liability to you or any third party due to its termination of the Services provided to you.
Some services of KFT are Paid Services, and KFT has the right to charge Service Fees to members for Paid Services. The conditions and amounts of the payment are subject to Agreement signed between KFT’s member and KFT or rules and policies published by KFT Websites. If any member asks to terminate the Service, the Service Fees will not have been returned no matter what.
- Services and Status of the KFT Platform
7.1 “User Content” means any content provided by you during registration, posting, transactions, other public forums or via email to KFT or other users, including but not limited to data, text, software, music, audio, photo, images, videos, expressions or other materials. You are solely responsible for your User Content while KFT is merely the passive channel via which you post and publish User Content.
7.2 KFT is a platform to provide Information and Service of cross-border transactions. Please note that KFT cannot and does not control or guarantee the authenticity, legality and accuracy of transaction information that is not provided by KFT , nor can it control or guarantee the quality, safety or lawfulness of the products under such transactions or capacity of the relevant parties for performing their obligations thereunder. Furthermore, KFT cannot and will not control whether parties of transactions are capable of performing their obligations thereunder.
7.3 Dispute Settlement
7.3.1 KFT will not be involved in any legal relationship and legal disputes arising out of transactions between members and it will not and shall not be involved in such transactions. You hereby release KFT (and its agents and employees) of any and all liabilities for any claims, requests and damages (actual and consequential) of whatever type and nature arising from or in connection with any dispute with one or more members or any third-party service provider you sourced through KFT .
7.3.2 KFT has the right to accept and mediate any dispute arising from a transaction between you and another member. In addition, it has the right to unilaterally decide at its sole discretion whether the complaint and/or claim made by other users against you is valid or not. If KFT finds the claim valid, you shall promptly use your own funds for compensation.
7.3.3 KFT has the right to gather information from you via email and notify the other party via email of the information gathered. You have the obligation to cooperate with KFT , otherwise KFT has the right to settle the dispute in a manner unfavorable to you.
You fully understand and agree to irrevocably grant KFT the following rights:
8.1 With respect to the content you provide, you grant KFT an exclusive, worldwide, permanent, royalty free license (which is sub-licensable at various levels) so that KFT has the right to (in whole or in part) use, reproduce, modify, adapt, publish, translate, distribute, execute and display your User Content or produce derivatives, and/or incorporate User Content in other works in any form, media or by any technology known now or developed in the future.
- Scope of Responsibility
KFT takes responsibility for the matters stated herein.
9.1 Unless otherwise expressly stated in writing, KFT and all information, materials (including software) and services contained therein or provided for you via KFT in any other manners are provided on an “as is” and “as available” basis provided by any member. Unless otherwise expressly stated in writing, KFT provides no express or implicit declaration or guarantee of any form for KFT operation or the information, materials (including software) and services contained therein (unless otherwise provided by the law of INDIA or other countries / regions including the country / region in which you are resident or from which you use the Services).
9.2 The KFT system fails to operate normally due to one of the following conditions, causing that its members cannot use services, KFT takes no responsibility for damages, including but not limited to:
(1) During the downtime and maintenance of the system published by KFT;
(2) KFT fails to transfer data due to telecommunication equipment failure;
(3) The KFT fails to implement any business due to Force Majeure such as typhoon, earthquake, tsunami, flood, power outage, war, terrorist attack, etc.;
(4) Services are interrupted or delayed due to hacker attack, the technical adjustment or failure of a telecom department, Website upgrading, the problems of a bank, etc.;
(5) For data interrupt due to the above-mentioned accidents, the data finally recorded in the system before failure shall be effective data when the system recovers to normal.
The Services or a third party may provide links to other Websites or resources. You acknowledge and agree that KFT has no control over such third parties’ Websites and resources, will not be responsible for the availability of such external Websites or resources, does not recognize any contents, promotions, products, services or other materials obtained from or through such Websites or resources, and will not be responsible or assume any responsibility for the same. You further acknowledge and agree that KFT will not undertake any liability for any direct or indirect losses arising from (or allegedly arising from) the use of or reliance on such contents, promotions, products, services or other materials obtained from such third party Websites or resources.
- Governing Law, Jurisdiction and General Provisions
11.1 The validity, interpretation, amendment, execution and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of INDIA. In the absence of relevant laws and regulations, the general international business practices and/or trade practices shall apply.
11.2 The relationship between you and KFT is that of independent contractors only. The Agreement is not intended to establish or create any relationships of agency, partnership, joint venture, employment or special authorization.
11.3 You agree that KFT has the right to transfer the rights and obligations hereunder in part or in whole for the purpose of its business operation, without further notice to or consent from you.
11.4 Any dispute arising out of or relating to this Agreement or the Services shall be referred to the People’s Court for litigation in the jurisdiction where KFT is located.
11.5 This Agreement shall supersede any written or verbal agreements executed by and between you and KFT with respect to the same matter. If any provision of this Agreement are ruled as invalid or unenforceable, such provision shall be deleted, and the other Terms shall remain valid and enforced. Headings are included for reference purposes only and shall not define, limit, construe or describe the scope or extent of such provisions. KFT’s failure to enforce any right or failure to act with respect to any breach by you or other person shall not constitute KFT’s waiver to take actions against any subsequent or similar breach.
11.6 In the event of any inconsistency between the English and any other language versions of this Agreement, the English version will always prevail.
- Other Terms & Conditions
12.1 All members agree and accept that:
(1) KFT has the right to change, suspend or terminate the Website.
(2) KFT has the right to reject providing services for any members who violate the laws and rules of the Republic of INDIA or the related rules of the Agreement.
(3) KFT has the right to modify the Agreement or the terms and conditions of related rules in accordance with related policies, laws and rules of INDIA or other countries / regions including the country / region in which you are resident or from which you use the Services and with market changes provided that such modification is published on the KFT Website. After any modification is published and becomes effective, the continued use of the Website by any member in any manner shall constitute the acceptance of modified terms and conditions.
(4) KFT takes no responsibility for its foregoing actions.
12.2 Notice or Contact
(1) KFT sends notices to its members or contacts them via public announcement on the Website, email, cellphone message, fax or registered letter; and such notice or contact shall be deemed to have been serviced on the date on which a public announcement, email, cellphone message, or fax is sent, or after 5 days from the date on which a letter is mailed. KFT has the right to choose a notice or contact method.
(2) Any members shall send notices or contact information to KFT by using a registered letter or email unless otherwise required by KFT.
Karavan Free Trade (Referred to as ‘KFT’ hereinafter) respects intellectual property rights of its members and we expect our users to honor the same. Intellectual property infringement claims are dealt with severely on our websites for various industries (Collectively referred to as “Sites” with the detailed list shown in the bottom Note and new site(s) that KFT may add in the future).
2 .Intellectual Property Right (“IPR”) Protection
Listings of counterfeits, replicas, unauthorized items or any form of infringement of intellectual property rights are prohibited on the Sites strictly.
Listings of offers to sell or purchase counterfeits, replicas, or other unauthorized items shall be subject to removal by KFT (www.kftrade.biz).
3 .Repeat violations of our IPR policy may result in a range of actions, including without limitation to:
– Removal of listings
– Posting restrictions
– Account suspension
– Termination of membership service agreement
– Pay fine to KFT
– Any other actions KFT may take
KFT has the full discretion to take any enforcement action anytime for certain extreme / conspicuous situations, such as where litigation has already been initiated by intellectual property rights holder.
4 .Infringement Claims
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agree to indemnify and hold KFT harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
As a neutral e-commerce platform KFT does not adjudge conflicting intellectual property infringement claims. Any action taken by KFT shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from KFT and the Sites.
5 .The Online Report System
Intellectual property right holders shall file intellectual property infringement claims for centralized processing via the customer-service email.
KFT provides an efficient and transparent channel for intellectual property right holders to file intellectual property infringement claims and request takedown of allegedly infringing listings from the Sites.
Three types of materials must be submitted to facilitate processing of intellectual property infringement claims, namely:
- Proof of identity of the complaining party and relevant authorization if the complaining party is not the intellectual property right holder;
- Proof of intellectual property ownership;
- Exact clickable hyperlinks to the relevant allegedly infringing listings on the Sites.
For questions relating to intellectual property protection measures or legal issues, please contact email@example.com
KFT will evaluate intellectual property infringement claims filed promptly. Members subject to intellectual property infringement claims will be notified of the claims and the contact information of the intellectual property right holders will be provided to the members to facilitate direct conflict resolution and claim handling.
Members subject to intellectual property infringement claims may submit counter-notifications to dispute the corresponding claims. Intellectual property right holders will be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications. KFT reserves the right to reinstate any listing subject to intellectual property infringement claims at our discretion.
1 . General provisions
KFT bans the release of any information containing prohibited or restricted goods; any act violating the Rules shall be punished by KFT according to the Rules.
2 . Banning of prohibited goods
Prohibited goods are goods whose information is banned from release by the laws and regulations of The Republic of India and the Exporting Country or by the rules of KFT. See details in the Catalogue of Prohibited and Restricted Goods .
3 . Banning of restricted goods
Restricted goods refer to the goods whose information release or sales are permitted by law only after obtaining the administrative licensing or relevant authorization. See details in the Catalogue of Prohibited and Restricted Goods .
Catalogue of Prohibited and Restricted Goods of the integrated trading platform of KFT.
Note: Releasing the information of prohibited or restricted goods in violation of the Rules shall be punished according to the Rules of Prohibited and Restricted Sales of KFT .
[Information banned from release]
The information banned from release mainly involves those goods whose information is banned from release by the laws and regulations of the state or by the rules of KFT.
- Narcotics and relevant products
1) Narcotics, steroids, addictive drugs, psychotropic drugs, narcotic drugs and chemicals;
2) Precursor chemicals;
3) Narcotics injection guns, drug-using tools and accessories;
4) Tools aiding smuggling, storage, selling, transport and making of drugs;
5) Methods and books about drug-making.
1) Prescription drugs, hormones and radioactive drugs;
2) Oral drugs advertising increased or enhanced sexual function;
3) Veterinary prescription drugs;
4) Toxic TCMs;
5) Medical or health care services, including but not limited to medical treatment, rehabilitation, vaccination, physical examination, psychological counseling, nutriology, plastic surgery, massage and other services.
- Guns, munitions and explosives
1) All guns and imitation guns;
2) Impellers, or bomb-gears which can launch some objects or some vessels containing gases or chemicals, like air guns, paintball markers, stun guns and harpoon guns;
3) Ammos, inflammable and explosive chemicals and other chemicals, as well as methods and books about how to prepare these chemicals;
4) Munitions and related appliances, parts and imitation munitions;
5) Chemical and biological weapons, nuclear weapons and other weapons of mass destruction, as well as the provision of related services, instructions, consultations, production and auxiliaries and other information violating relevant stipulations of international laws.
- Controlled arms
1) Controlled knives, like switchblade knives, gravity knives, combat knives, military knives, handheld blades, disguised knives, etc.
2) Other arms, like nunchakus, knuckles, kubatons, forks (sai), knuckle-dusters, spring rods, etc.
- Police supplies
Police uniforms, symbols and supplies, like police cars, police badges, etc.
- Products containing pornography or violence
1) Information containing pornography, obscenity or violence, like vulgar cartoons, books, games and audio-visual products, account number or invitation code of adult websites, chatting service, accompanying service and other pornographic or vulgar goods or services;
2) Products containing child pornography or violence;
3) Images containing nudity or violence.
- Animals, plants and their products
1) Protected wild animals, rare plants and endangered species stipulated by Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and United Nations Environment Programme (UNEP);
2) Shark and marine mammal products;
3) Bear’s paws, and cat or dog products.
- Currency and postage stamps
1) Currency and counterfeit or altered currency;
2) Currency counterfeiting devices and materials (hologram, etc.);
3) Virtual currency;
4) Philatelic items prohibited by the state, and philatelic items not approved by the postal industry authority.
- Government documents
1) Documents and certificates issued by government organs;
2) Identity credentials (like birth certificate, ID card, passport, visa, driving license, etc.);
3) Counterfeit or altered government documents, certificates, stamps and medals, and services only allowed to be rendered by government organs or specific institutions;
- Financial products and services
1) Bank credit cards, debit cards and bank card readers;
2) Shares, bonds, stock rights and other negotiable securities and financial services (including but not limited to bank transfer, letter of guarantee or letter of credit issued to a bank, loans, fund raising, investment, financing and other financial services);
3) Gold, silver and other precious metals.
- Human organs
1) Human organs;
- Cultural relics
Cultural relics protected by the state.
- Spying products
1) Spying devices and software
2) Eavesdropping devices;
3) Secret photographing devices explicitly intended for peeping or other illegitimate purposes.
- Tobacco products
1) Tobacco products, including but not limited to cigar, cigarette, perfecto, cut tobacco, leaf tobacco, re-dried leaf tobacco, cigarette paper, filter plug, cigarette filter tow, pipe tobacco, shredded tobacco for water pipes, tobacco molasses, chewing tobacco, snuff and other tobacco monopoly commodities;
2) Electronic tobacco flavors and cigarette cartridges.
- Electronics and software
1) Decoders or other devices used to access TV programs (such as satellite TV and cable TV), Internet, telephone, data or other protected or restricted services which are accessible only with authorization;
2) Signal jammers (jammers of cellphone, police radar, GPS, Wi-Fi, etc.);
3) Goods which may be used for escape from traffic management;
4) Software or other tools used to send junk emails;
5) Hacker software;
6) Refurbished cellphones, computers, laptops, etc.
7) Teaching software and OEM software;
8) Cheating tools.
- Crude oil
The listing or sale of crude oil by sellers and buyers located in India is prohibited on the Site.
- Hazardous chemicals
1) Harmful or hazardous substances (like hazardous goods, inflammable and explosive chemicals, and ozone-depleting substances defined by the International Maritime Dangerous Goods Code (IMDG Code), etc.);
2) Highly toxic substances and related chemicals, methods and books about how to prepare highly toxic substances, etc.
3) Automotive air bags.
- Transport-related articles
1) Air tickets, railway tickets, bus tickets and other transport contract documents;
2) Articles related to the transport industry, like pilot uniforms, ground crew uniforms, railway or subway staff uniforms, and public transport safety manuals.
- Used products
(1) Used boxer shorts, undershorts, lingerie, underclothes, etc.
(2) Used cosmetics.
- Non-commercial information
1) Information containing personal privacy or enterprise trade secrets (bulk email or email list, and personal identification information, like name, address, telephone number, fax number and email address);
2) Dating, marriage-seeking and recruiting information, etc.
- Other illegal products
1) Reactionary information, information jeopardizing sovereignty, national unity, territorial integrity or social stability, information containing state secrets, information disturbing the social order, etc.;
2) Information promoting heresy or feudal superstitions, information containing contents of religious discrimination, racism, ethnic discrimination or attack, etc.
3) Information with political complexion;
4) Books, audio-visual products, videos, documents and data banned from publication and distribution by laws and regulations, etc.
5) Illegal gains from smuggling, theft, robbery, fraud, etc.
6) Invoices, other documents which can be used for reimbursement, and issuing of such documents;
7) Articles banned from transfer by laws and regulations;
8) Goods acknowledged, launched or recalled by a quality inspection authority or manufacturer, goods explicitly eliminated or stopped from sales by the state, and expired, invalid or deteriorated goods;
9) Goods containing prohibited ingredients (fitness supplements containing DMAA, etc.)
10) Gambling tools.
[Information restricted from release]
The information restricted from release mainly involves those goods whose information release or sales are permitted by law only after obtaining the administrative licenses or relevant authorization, covering:
1) Audio-visual products;
2) OTC drugs, oral products advertising anti-obesity effect, and medical devices;
3) Police supplies permitted to be sold and released by the laws and regulations of the state;
4) Fireworks and crackers