Terms and Conditions (Terms of Use)

1. Definitions and Interpretation

1.1 In these Terms, the following words have the meanings given below:

1.2 Headings are for convenience only. "Including" means "including without limitation". References to statutes include amendments and re-enactments.

2. Acceptance and Eligibility

2.1 These Terms of Use constitute a legally binding agreement between you and MYGTO under the Indian Contract Act, 1872 and the Information Technology Act, 2000. This is an electronic record and does not require physical or digital signatures.

2.2 BY ACCESSING OR USING THE WEBSITE, CLICKING "I AGREE" OR REGISTERING AN ACCOUNT, YOU ACCEPT THESE TERMS AND THE POLICIES AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

2.3 The Website is intended for business use only. You represent that you are at least 18 years old, competent to contract, and, if registering on behalf of an entity, authorised to bind that entity.

2.4 You must not use the Website if you are barred from receiving services under Applicable Law, or are located in, or ordinarily resident in, or owned or controlled by persons in, a jurisdiction or list subject to comprehensive sanctions (see Clause 8).

3. Changes to the Website and these Terms

3.1 MYGTO may, at its sole discretion and at any time, add to, amend, suspend or remove any Content, feature or Service, or alter the presentation, substance or functionality of the Website, with or without notice.

3.2 MYGTO may amend these Terms or any Policy from time to time. Material changes will be notified by posting on the Website and/or by email. The updated version applies from the date stated. Continued use after that date constitutes acceptance. If you do not agree, you must stop using the Website and may close your account.

3.3 Use of certain Services may be subject to additional terms (including the Membership Agreement for Buying Leads). In case of conflict, the specific terms prevail over these Terms for that Service.

4. Nature of the Platform; No Endorsement

4.1 MYGTO is an online intermediary and facilitator. MYGTO provides a venue for Users to publish and discover trade Leads and to connect with each other. MYGTO is not a buyer, seller, agent, broker, freight forwarder, financier, insurer, escrow agent or guarantor in any transaction between Users.

4.2 MYGTO does not own, inspect, verify or guarantee the existence, quality, safety, legality, price, delivery or description of any goods or services, nor the identity, creditworthiness, authority or bona fides of any User, unless expressly stated as a verification badge, and even then only to the limited extent described in the Policies.

4.3 No Content, matching, notification, ranking, badge or other action by MYGTO constitutes a recommendation, endorsement, warranty or representation about any person, offer, product or service.

4.4 You alone are responsible for conducting your own due diligence, including verifying counterparties, licences, sanctions status, product specifications, payment terms and documentary requirements before entering into any transaction. MYGTO strongly recommends the use of secure payment instruments (for example, letters of credit, escrow or documentary collections) for cross-border trade.

4.5 Any contract resulting from a Lead is solely between the relevant Users. MYGTO is not a party to it and is not liable for any breach, non-performance, fraud, non-payment, defect, delay, customs issue or loss arising from it.

5. Account Registration and Security

5.1 You must provide true, accurate, current and complete information at registration and keep it updated. MYGTO may reject, suspend or cancel any application or account without giving reasons.

5.2 MYGTO may request KYC and business-verification documents (for example, company registration, tax or import-export registration, identity proof of authorised signatory) and may refuse or restrict access if they are not provided or are unsatisfactory.

5.3 You are responsible for keeping your login credentials confidential and for all activity under your account. Only you and your authorised employees may use your account. Notify MYGTO immediately at [security@myglobaltradeops.com] of any unauthorised use.

5.4 Accounts are non-transferable. Sharing, selling or renting an account is prohibited.

6. User Content and Listings

6.1 You are solely responsible for User Content. You warrant that it is true, accurate, not misleading, lawful, and does not infringe any intellectual property, privacy, publicity or other right of any person.

6.2 You grant MYGTO a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable licence to host, store, reproduce, display, adapt, translate, distribute and otherwise use User Content to operate, promote and improve the Services. You retain ownership of your User Content.

6.3 User Content accepted for posting may be accessible to the public or to Members. MYGTO may refuse, edit, reformat, block, de-prioritise or remove any User Content at any time without liability and without giving reasons.

6.4 Leads are displayed for the period decided by MYGTO. Any amendment to a posted Lead may be treated as a new posting.

6.5 MYGTO acts as an intermediary under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and will, upon receiving actual knowledge by court order or lawful government direction, or a valid complaint under Clause 16, act expeditiously to remove or disable unlawful content.

7. Acceptable Use and Prohibited Conduct

7.1 As a condition of use, you must not:

(a) access, or attempt to access, servers, accounts, data or areas you are not authorised to access, or probe, scan or test the vulnerability of the Website;

(b) restrict or inhibit any other User's use of the Website, or interfere with its operation (including denial-of-service attacks);

(c) post or transmit anything unlawful, fraudulent, misleading, defamatory, obscene, hateful, threatening, abusive, or that encourages any offence;

(d) post or transmit spam, chain letters, pyramid or investment schemes, or unsolicited commercial communications;

(e) upload viruses, malware or any harmful code;

(f) use Content or Lead data obtained through the Website for direct marketing campaigns, mass solicitation, resale, exchange, sub-licensing, publication or any commercial purpose other than your own bona fide internal business dealings with the relevant counterparty, except as expressly allowed in the Membership Agreement;

(g) copy, reproduce, distribute or create derivative works of the Website or Content, or any third-party material protected by copyright, without permission;

(h) impersonate any person or misrepresent your affiliation, identity, authority or verification status;

(i) post fake, duplicate or "test" Leads, or manipulate rankings, ratings or reviews;

(j) deal in prohibited or restricted goods or services (Clause 8.3); or

(k) use the Website to launder money, finance terrorism, evade sanctions, customs or taxes, or facilitate any other unlawful activity.

7.2 Automated access prohibited. You must not use robots, crawlers, spiders, scrapers, bots, data-mining tools, AI/ML training or any automated means to access, retrieve, index or collect any Content or Services, nor circumvent, reverse-engineer or interfere with the navigation structure, presentation, security measures or technical controls of the Website, without MYGTO's prior written authorisation.

7.3 MYGTO may monitor use of the Website for security, fraud prevention and compliance, and may disclose information to authorities as required by law.

8. Compliance, Sanctions, Anti-Money Laundering and Prohibited Goods

8.1 You are solely responsible for complying with all laws applicable to your trade, including import/export controls, customs, licensing, product safety, labelling, foreign exchange (including FEMA and RBI rules where applicable), taxation, anti-bribery and anti-corruption laws.

8.2 You represent that neither you nor your owners, directors or beneficiaries are the subject of sanctions or export-control restrictions imposed by the United Nations, India, the United States, the European Union, the United Kingdom or any other applicable authority, and that you will not use the Website for transactions in breach of such measures.

8.3 The following may not be listed or sought: illegal goods or services; narcotics and psychotropic substances; weapons, ammunition and military items; explosives; counterfeit or pirated goods; human or wildlife products banned by CITES or law; hazardous or restricted chemicals without lawful authority; stolen goods; items requiring a licence you do not hold; and any goods or services prohibited by Applicable Law or by MYGTO's published list. MYGTO may amend this list at any time.

8.4 MYGTO may, without notice, report suspicious activity to competent authorities, freeze or terminate accounts, and cooperate with investigations.

9. Third-Party Information, Payments and Links

9.1 Content may include information from Third Party Providers or other sources. MYGTO does not verify such information, is not responsible if it is outdated or inaccurate, and any reliance is at your own risk.

9.2 The Website may link to third-party sites. MYGTO has no control over, does not endorse and is not responsible for their content, availability or privacy practices. Your dealings with them are at your own risk.

9.3 Payments are processed by third-party payment gateways, which are subject to their own terms. MYGTO is not liable for gateway failures, delays, fees or errors outside its control. Fees, taxes and refunds are governed by the Membership Agreement and the Refund Policy.

9.4 The Website may include advertisements, hyperlinks to other websites, applications, content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us. You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/products or other materials on or available from such websites or resources.

10. Intellectual Property

10.1 All intellectual property rights in the Website, its design, software, databases, trade marks, logos (including "Global Trade Operations" and "MYGTO"), and Content created by MYGTO belong to MYGTO or its licensors. All rights are reserved.

10.2 Except as expressly permitted, you may not upload, post, reproduce, transmit, distribute, frame, mirror or create derivative works of any part of the Website. You acquire no rights in Content except a limited, revocable, non-exclusive, non-transferable right to view and use it for your internal business purposes under these Terms.

10.3 Do not use MYGTO's name, marks or logos without prior written consent.

10.4 IP complaints. If you believe Content infringes your rights, send a notice to support@myglobaltradeops.com stating with Subject: “IP complaints”; the work and its ownership; the URL of the allegedly infringing item; a good-faith statement that the use is unauthorised; and a statement under penalty of perjury that the notice is accurate and you are authorised to act. MYGTO may remove the Content and notify the poster. Repeat infringers may be terminated.

11. Disclaimer of Warranties

11.1 THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYGTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT.

11.2 MYGTO does not warrant that: (a) Content is accurate, complete, current or reliable; (b) the Website will be uninterrupted, timely, secure or error-free; (c) defects will be corrected or the Website is free of viruses; (d) messages will be free from interception, corruption, delay or loss; (e) any Lead, quotation or counterparty is genuine or will result in a transaction, revenue, orders or any particular result; or (f) the Services will meet your requirements.

11.3 Information on the Website is for general reference only and is not legal, financial, tax, customs or professional advice.

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYGTO NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL, DATA OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICES, USER CONTENT OR ANY TRANSACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.

12.2 MYGTO's total aggregate liability for any claim arising out of or relating to the Website or Services shall not exceed the lower of (a) the fees actually paid by you to MYGTO in the [12] months preceding the event giving rise to the claim, and (b) INR [AMOUNT]. Where Applicable Law does not allow exclusion or limitation of certain liability, MYGTO's liability is limited to the maximum extent permitted.

12.3 Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud or wilful misconduct.

12.4 Any claim must be brought within [one (1)] year after the cause of action arises, to the extent permitted by law.

13. Indemnity

13.1 You agree, on demand, to defend, indemnify and hold harmless MYGTO, its Affiliates and their officers, directors, employees and agents from and against all liabilities, losses, damages, claims, actions, penalties, costs and expenses (including legal fees on a full-indemnity basis) arising out of or connected with: (a) your breach of these Terms or any Policy; (b) your User Content; (c) your use of the Website or Content; (d) your dealings or disputes with any User or third party; or (e) your violation of any law or third-party right.

13.2 MYGTO may participate in the defence of any claim and may assume exclusive control of the defence at your expense. You shall not settle any claim adversely affecting MYGTO without its prior written approval.

14. Suspension and Termination

14.1 MYGTO may, at any time, with or without notice and without liability, suspend, restrict or terminate your access or account if it believes you have breached these Terms or Policies, pose a legal, fraud, security or reputational risk, or for operational or legal reasons.

14.2 You may close your account by written notice in accordance with the Membership Agreement.

14.3 On termination, your right to use the Website ceases. Clauses that by nature should survive (including 4, 6.2, 7, 10, 11, 12, 13, 17 and 18) survive termination. Fees already paid are subject to the Refund Policy.

15. Privacy and Data Protection

15.1 Your personal data is processed in accordance with the Privacy Policy, which forms part of these Terms. By using the Website you acknowledge the collection and use of your data as described there.

15.2 You must comply with data-protection laws (including the Digital Personal Data Protection Act, 2023, and GDPR where applicable) when you handle personal data obtained through the Website, and use it only for the purpose for which it was shared.

16. Grievance Redressal

16.1 In accordance with the IT Act, 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, complaints about content or the Website may be sent to the Grievance Officer:

Email: support@myglobaltradeops.com | Marked With Subject: “Grievance Redressal”

16.2 MYGTO will acknowledge complaints within [24 hours] and aim to resolve them within [15 days] or such period as the law requires. [VERIFY timelines]

17. Governing Law, Dispute Resolution and Jurisdiction

17.1 These Terms are governed by the laws of India, without regard to conflict-of-law principles.

17.2 Escalation. The parties shall first try to resolve any dispute through good-faith negotiation for [30] days after written notice.

17.3 Arbitration. Any dispute not resolved under 17.2, arising out of or relating to these Terms, the Policies or the Services, including their validity or termination, shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by mutual agreement. The seat and venue shall be Nashik Maharashtra, India; the language shall be English; and the award shall be final and binding.

17.4 Subject to Clause 17.3, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction. MYGTO may seek injunctive relief in any competent court.

17.5 To the extent permitted by law, disputes shall be resolved on an individual basis, and not as a class, consolidated or representative action.

18. General Provisions

18.1 Force majeure. MYGTO is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, strikes, government action, power, internet or telecom failure, cyber-attacks or third-party failures.

18.2 Entire agreement. These Terms, the Policies and any service-specific terms constitute the entire agreement between you and MYGTO on their subject matter and supersede prior agreements and representations.

18.3 Severability. If any provision is held invalid or unenforceable, it shall be limited to the minimum extent necessary and the rest shall remain in force.

18.4 No waiver. Failure to enforce a right is not a waiver of it.

18.5 Assignment. You may not assign or transfer your rights or obligations without MYGTO's written consent. MYGTO may assign these Terms to an Affiliate or successor.

18.6 Notices. MYGTO may give notice by posting on the Website, or by email or post to your registered details; notices are deemed received 24 hours after posting on the Website or sending by email, and 7 days after posting by mail. You may give notice to Email: support@myglobaltradeops.com | Marked Subject "Legal Notice".

18.7 Relationship. Nothing creates a partnership, joint venture, agency or employment relationship between you and MYGTO.

18.8 Language. The English version prevails over any translation.

19. Contact Us

For questions about these Terms Email us: support@myglobaltradeops.com | Marked With Subject: “Contact Us”