Terms of Use

1. Definitions & Construction

In these Terms of Use, unless the context otherwise requires, the following capitalised terms shall have the meanings set forth below:

• "Company" or "Taraka" means Taraka International, as registered under official business and GST records.
• "Platform" means the website located at tarakainternational.com, including all subdomains, digital catalogues, trade portals, and electronic communication channels operated by Taraka.
• "Buyer" or "Distributor" means any commercial entity, wholesaler, importer, stockist, or retail procurement manager accessing the Platform or issuing trade inquiries to evaluate or purchase products.
• "Supplier" means any manufacturer, brand owner, or commercial producer offering or listing packaged consumer goods for international trade through Taraka.
• "Verified Supplier" means a Supplier that has completed Taraka's internal export readiness screening process.
• "Services" means the B2B trade desk facilitation, digital catalogue presentation, market compliance auditing, container consolidation coordination, and commercial trade execution provided by Taraka.
• "Product Information" means all text, packaging imagery, ingredient disclosures, nutritional declarations, tariff metrics, and specifications displayed on the Platform.
• "Quote" means a preliminary, non-binding commercial proposal issued by Taraka outlining estimated pricing, quantities, Incoterms, and transactional structure.
• "Order" means a binding commercial agreement executed in writing by authorized representatives of the relevant contracting parties.
• "Model A (Principal Trade)" means a commercial transaction wherein Taraka purchases goods from a Supplier under a purchase contract (PO1) and resells them to a Buyer under a separate sales contract (PO2).
• "Model B (Commission Arrangement)" means a commercial transaction wherein Taraka acts as a commercial trade agent or facilitator introducing Buyer and Supplier, earning an agreed facilitation fee or commission while the underlying sale contract is executed directly between Buyer and Supplier.
• "Confidential Information" means non-public trade secrets, supplier pricing, buyer margin data, container consolidation details, and commercial introduction records disclosed by a party.

2. Commercial Scope & Dual Operating Models

These Terms govern access to and commercial use of the Platform and Services. Taraka International operates under two distinct commercial structures depending upon the transaction documents executed between the parties:

2.1 Model A – Principal Trade Mechanics

Under Model A, Taraka contracts as an independent principal buyer and seller:

• Taraka issues its own commercial invoices and contracts directly with the Buyer (PO2) and Supplier (PO1).
• Taraka coordinates container consolidation and export logistics as set forth in the specific Incoterms agreed in PO2.
• Payment obligations run directly to Taraka under PO2. Taraka settles supplier invoices under PO1 independently.

2.2 Model B – Commission & Agency Facilitation Mechanics

Under Model B, Taraka acts as a commercial trade agent or facilitator:

• The underlying sales contract for physical goods is executed directly between the Supplier and the Buyer.
• Taraka earns a trade facilitation fee, commission, or agreed remuneration from the relevant contracting party.
• Primary title, manufacturing warranties, product liabilities, and invoicing duties flow directly between Supplier and Buyer. Taraka is not a principal contracting party to the underlying physical sale under Model B.

3. Business-to-Business Scope & Consumer Law Exclusions

The Platform and Services are made available exclusively for professional Business-to-Business (B2B) commercial procurement.

• Exclusion of Retail Sales: Taraka does not offer direct-to-consumer retail sales (B2C).
• Statutory Consumer Law Exclusions: To the maximum extent permitted under applicable law, statutory consumer protection provisions designed for individual household retail consumers do not apply to commercial procurement, trade inquiries, or B2B contracts facilitated by Taraka.

4. Digital Catalogue & Commercial Quotations

All Product Information, images, pricing estimates, packaging specifications, shelf-life declarations, and tariff classification codes displayed on the Platform are published for general commercial evaluation only.

• Non-Binding Status: Catalogue browsing, product shortlisting, or enquiry form submissions do not constitute a binding purchase contract or inventory reservation.
• Dynamic Modification: Product availability, packaging artwork, formulations, certifications, and indicative pricing are subject to modification at any time without notice.
• Formal Order Execution: Binding terms are established exclusively through formal written commercial contracts or Pro Forma Invoices executed by authorized officers of the contracting parties.

5. Supplier Audits & Performance Disclaimers

Taraka conducts internal export readiness reviews of participating Suppliers ("Verified Suppliers").

6. User Conduct & Acceptable Use

Users accessing the Platform or Services agree that they shall not:

• Submit false, inaccurate, or fraudulent corporate credentials, tax identifiers, or trade references.
• Engage in automated web scraping, data extraction, crawling, or systematic harvest of catalogue data.
• Attempt to bypass Taraka's trade desk to circumvent agreed commission structures or principal commercial relationships.
• Interfere with platform security, server infrastructure, or distributor portal authentication controls.

7. Export Controls & Trade Compliance

All transactions facilitated through Taraka must comply with applicable international trade laws:

• Export Controls & Sanctions: Users warrant that neither they nor their ultimate beneficial owners are subject to economic sanctions or denied-party listings administered by competent trade control authorities.
• Anti-Bribery & Corruption: Parties shall comply with applicable anti-bribery laws. Giving or accepting improper financial inducements is strictly prohibited.
• Anti-Money Laundering (AML): Commercial payments must originate from verified corporate bank accounts matching the contracted business entity.

8. Intellectual Property Rights & Confidentiality

• Brand Partner IP: All product trademarks, logos, trade dress, and packaging photography remain the exclusive intellectual property of the respective brand owners.
• Taraka Platform IP: The Platform code, editorial design system, trade documentation structures, database compilations, and original content belong exclusively to Taraka International.
• Confidentiality Obligations: Each party agrees to maintain strict confidentiality regarding non-public trade information, supplier cost structures, buyer margin data, and commercial proposals.

9. Risk Allocation & Limitations of Liability

Liability allocation is structured strictly according to the active commercial model:

• 9.1 Primary Manufacturer Responsibility: Originating brand manufacturers retain exclusive responsibility for raw ingredient purity, formulation safety, allergen accuracy, and plant hygiene. Taraka does not manufacture physical goods.
• 9.2 Disclaimer of Warranties: The Platform and Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
• 9.3 Model A Liability Cap: In Model A (Principal Trade) transactions, Taraka's maximum aggregate monetary liability for any claim shall not exceed the net commercial invoice amount actually received by Taraka under the specific contract in dispute.
• 9.4 Model B Liability Cap: In Model B (Commission Arrangement) transactions, Taraka's maximum aggregate monetary liability shall not exceed the net facilitation fee or commission actually received by Taraka for that specific transaction. Product claims under Model B flow directly to the originating manufacturer.
• 9.5 Exclusion of Consequential Damages: Taraka International shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profit, revenue, business opportunity, or goodwill.

10. Indemnification Provisions

Users agree to defend, indemnify, and hold harmless Taraka International, its officers, employees, and authorized trade representatives from and against any third-party claims, losses, liabilities, damages, or costs (including reasonable legal fees) arising out of:

• Breach of these Terms or applicable commercial purchase contracts.
• Misrepresentation of product formulations, packaging artwork, or regulatory certifications by a Supplier.
• Failure by a Buyer to fulfill import duties, tax assessments, or border clearance protocols in destination countries.

11. Force Majeure

Neither party shall be held liable for failure or delay in performing trade obligations (except payment duties) due to events beyond reasonable control, including acts of God, war, terrorism, civil unrest, global shipping port congestion, embargoes, raw material shortages, or sudden changes in border control regulations ("Force Majeure Event").

12. Governing Law & Binding Arbitration

These Terms and any dispute or claim arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of India.

Any dispute, controversy, or claim arising out of or relating to these Terms or Taraka's services shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English.

13. Miscellaneous Provisions

• Severability: If any provision of these Terms is found unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
• No Waiver: Failure by Taraka to enforce any right or provision shall not constitute a waiver of future enforcement.
• Survival: Key obligations regarding intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.
• Electronic Communications: Parties consent to receive commercial notices and trade communications electronically via email or Platform alerts.
• Amendments: Taraka reserves the right to amend these Terms at any time by publishing updated versions on the Platform.

14. Business & Legal Contact

For formal legal notices, trade compliance verification, or commercial governance inquiries, please contact our business desk: