This Product Listing, Marketplace, Sourcing & Buying Agency Policy (“Policy”) governs all products, services, content, communications, sourcing activities, buying agency services, procurement services, listings, advertisements, transactions, and interactions conducted through Ponte Comercio Private Limited (“Ponte”, “Company”, “Platform”, “we”, “our”, or “us”).

By registering an account, listing products, sourcing products, purchasing products, using Ponte services, or conducting transactions through the Platform, all users agree to be legally bound by this Policy.

Ponte may operate under either or both of the following models:

• Marketplace Services
  

  Ponte may act solely as a technology platform facilitating communication and transactions between independent buyers and independent sellers.

  
  In such transactions:
  • Ponte is not the manufacturer.
  • Ponte is not the supplier.
  • Ponte is not the exporter.
  • Ponte is not the importer.
  • Ponte is not the owner of the products.
  • Ponte is not a contracting party between buyers and sellers.
• Buying Agency / Sourcing Services
  In certain transactions, Ponte may act as:
  • Buying Agent
  • Sourcing Agent
  • Procurement Agent
  • Export Facilitator
  • Supplier Identification Agent
  • Quality Coordination Agent
  • Inspection Coordination Agent
  • Logistics Coordination Agent
  • Commercial Intermediary

  Even when Ponte receives commissions, sourcing fees, procurement fees, service charges, success fees, facilitation fees, or agency fees, Ponte shall not be deemed the manufacturer of the products and shall not assume product liability unless expressly agreed in writing.

Each Seller, Manufacturer, Exporter, Supplier, or Vendor represents and warrants that they are solely responsible for:

• Product quality
• Product safety
• Product performance
• Product design
• Product specifications
• Product claims
• Product warranties
• Product certifications
• Product testing
• Product packaging
• Product labeling
• Product compliance
• Product legality
• Product authenticity
• Product intellectual property rights
• Product export compliance
• Product import compliance

The Seller shall bear sole legal responsibility for all consequences arising from listed products.

• All information is accurate.
• All images are genuine.
• All specifications are correct.
• All certifications are valid.
• All representations are truthful.
• All products are legally offered for sale.

The Seller remains solely liable for all content uploaded to the Platform.

• It owns or is authorized to use all content.
• The products do not infringe patents.
• The products do not infringe trademarks.
• The products do not infringe copyrights.
• The products do not infringe design rights.
• The products do not infringe trade secrets.

The Seller shall indemnify Ponte against any intellectual property claim.

Ponte does not independently verify intellectual property ownership and assumes no liability for infringement committed by users.

• Counterfeit products
• Replica products
• Stolen products
• Fraudulent products
• Products violating intellectual property rights
• Illegal products
• Restricted products without authorization
• Products prohibited by applicable laws
• False certification products
• Misrepresented products

Ponte reserves the right to remove such products without notice.

• Ponte does not manufacture products.
• Ponte does not guarantee product quality.
• Ponte does not guarantee product performance.
• Ponte does not guarantee product compliance.
• Ponte does not guarantee supplier solvency.
• Ponte does not guarantee supplier honesty.
• Ponte does not guarantee shipment completion.
• Ponte does not guarantee regulatory approval.

Any inspection, review, quality check, supplier audit, sample evaluation, recommendation, or factory assessment conducted by Ponte is performed solely for commercial convenience and shall not constitute a warranty, certification, guarantee, endorsement, or representation.

• Product quality
• Product compliance
• Product safety
• Product fitness
• Product durability
• Product legality

Buyers remain responsible for conducting their own due diligence.

• Company registration documents
• GST registrations
• IEC registrations
• Business licenses
• Factory details
• Identity documents

Such review shall not constitute:

• Certification
• Endorsement
• Guarantee
• Warranty
• Legal verification
• Financial verification
• Compliance verification

Users remain responsible for their own due diligence.

• Monitor listings
• Verify products
• Verify certifications
• Verify ownership
• Verify intellectual property rights
• Verify compliance
• Verify product safety

Any review performed by Ponte is discretionary and does not create legal responsibility.

The Seller, Supplier, Manufacturer, Exporter, Buyer, and any other user shall jointly and severally defend, indemnify, and hold harmless Ponte Comercio Private Limited, its shareholders, directors, officers, employees, affiliates, agents, contractors, successors, and assigns from and against all:

• Claims
• Lawsuits
• Investigations
• Penalties
• Fines
• Judgments
• Settlements
• Damages
• Losses
• Costs
• Expenses
• Legal fees

arising from:

• Product defects
• Product recalls
• Product safety issues
• Product liability claims
• Intellectual property infringement
• Regulatory violations
• Customs violations
• False advertising
• Misrepresentation
• User misconduct
• Breach of this Policy

This indemnification obligation shall survive indefinitely.

All services provided by Ponte are offered on an “AS IS” and “AS AVAILABLE” basis.

Ponte expressly disclaims all warranties, including:

• Merchantability
• Fitness for purpose
• Non-infringement
• Accuracy
• Reliability
• Availability
• Performance
• Compliance

To the fullest extent permitted by law:

Ponte shall not be liable for:

• Product defects
• Product recalls
• Product failures
• Product safety issues
• Product compliance issues
• Intellectual property disputes
• Customs seizures
• Import restrictions
• Export restrictions
• Supplier fraud
• Buyer fraud
• Delayed shipments
• Lost shipments
• Non-delivery
• Commercial losses
• Lost profits
• Loss of business
• Indirect damages
• Consequential damages
• Special damages
• Punitive damages
• In no event shall Ponte’s aggregate liability exceed:
  • (a) INR 10,000; or
  • (b) the amount of fees actually received by Ponte from the specific transaction giving rise to the claim, whichever is lower.

Except where Ponte expressly agrees in writing to act as a buying or sourcing agent, nothing in this Policy creates:

• Partnership
• Joint venture
• Employment relationship
• Distributor relationship
• Agency relationship
• Franchise relationship between Ponte and any user.

Ponte may remove, suspend, restrict, reject, investigate, edit, or terminate any listing or account at its sole discretion without prior notice.

Ponte shall not be liable for losses resulting from such action.

This Policy shall be governed by and construed in accordance with the laws of India.

Any dispute arising from this Policy shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be New Delhi, India.

The proceedings shall be conducted in English.

The arbitral award shall be final and binding.

BY USING THE PLATFORM, LISTING PRODUCTS, SOURCING PRODUCTS, PURCHASING PRODUCTS, OR ENGAGING PONTE AS A BUYING AGENT, THE USER ACKNOWLEDGES AND AGREES THAT:

“I REMAIN SOLELY RESPONSIBLE FOR MY PRODUCTS, CONTENT, REPRESENTATIONS, WARRANTIES, COMPLIANCE OBLIGATIONS, INTELLECTUAL PROPERTY RIGHTS, COMMERCIAL ACTIVITIES, AND LEGAL RESPONSIBILITIES. I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PONTE COMERCIO PRIVATE LIMITED FROM ANY CLAIM, LIABILITY, DAMAGE, PENALTY, COST, OR EXPENSE ARISING FROM MY PRODUCTS, SERVICES, TRANSACTIONS, OR CONDUCT.”