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GENERAL
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This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as
applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by
the Information Technology Act, 2000.
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This electronic record is generated by a computer system and does not require any physical or digital
signatures. This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011
that require publishing the rules and regulations, privacy policy and Terms of Use for access or
usage of the Website ‘Carbanio’ (hereinafter referred to as the “Website”) which is owned
and operated by Innovative Chemical Interchange Private Limited (hereinafter referred to as
the“Company” ), having its corporate office at Hyderabad, India; where such expression shall, unless repugnant to the context thereof, be deemed to include its
respective representatives, administrators, employees, directors, officers, agents and their successors
and assigns.
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For the purpose of these Terms of Use (
“Terms”
), wherever the context so requires,
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The term ‘You’ or ‘User’ or ‘Member’ shall mean
any legal person or entity from an authorised business or a university authorised to access or use the
services provided on this Website, who is competent to enter into binding contracts, as per the
provisions of the Indian Contract Act, 1872. Users are of two types:
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‘Academia’
where the User is from a licensed university and is authorised to buy chemicals from the
Website; and
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‘Business’
where the User is from a licensed business who is looking to buy or sell chemicals from the
Website.
Academia and Business users are collectively referred to as ‘User(s)’ henceforth.
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The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website
and/or the Company, as the context so requires.
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The term ‘Services’ shall mean the business of providing a portal for selling and
buying of chemicals between Users.
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The terms ‘Party’ and ‘Parties’ shall respectively be used to refer
to the User and the Company individually and collectively, as the context so requires.
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The headings of each section in these Terms are only for the purpose of organizing the various provisions
under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions
contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings
shall have no legal or contractual value.
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The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy, and
any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If
You continue to access and use this Website, You are agreeing to comply with and be bound by the following
Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these
Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the
termination of the other.
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The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding
agreement between the User and the Company, and that the User shall be subject to the rules, guidelines,
policies, terms, and conditions applicable to any service that is provided by the Website, and that the
same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the
same. The User acknowledges and agrees that no signature or express act is required to make these Terms
and the Policy binding on the User, and that the User’s act of visiting the any part of the Website
constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior
permission or intimation to the User, and the User expressly agrees that any such amendments or
modifications shall come into effect immediately. The User has a duty to periodically check the terms and
stay updated on its requirements. If the User continues to use the Website following such a change, the
User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far
as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable,
revocable, limited privilege to access and use the Website and the Services. If the User does not adhere
to the changes, You must stop using the Services at once. Your continuous use of the Services will signify
your acceptance of the changed terms.
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REGISTRATION
To fully avail the Services of the Website and use of it, a one-time registration is required to create a
profile, for both the Academia and Business Users.
For Academia, the registration on the Website means that the Academia user is currently working or studying
at a university/college/government research organisation.
For Business, the registration on the Website means that the Business user is currently working for an
organisation, which manufactures/trades/supplies chemicals and/or related products.
Academia and Business users may access the Services by signing in as User by providing the following
information which shall include but not be limited to Name, Mobile Number, Email ID, University/Business
Name, its registered business address, GSTIN/VAT/Sales Tax Number and proper authorisation documentation and
details that show that you are authorised to deal (buy, sell, transact etc.) in chemicals as required by the
Website. This information is used to provide you with important services and information via e-mail. The
registered Users shall be provided with a User Panel, which is a uniform resource locator with a unique
login and password to:
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Add readily available stock, update the product availability status, price and inventory on the same
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To check the Order status and Tracking
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Display of Invoices in printable format
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And any other transactional information which is useful to the registered Users
Registration for this Website is available only to those above the age of 18 years, barring those
“Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the
Website as a User, You may not do so and the Company reserves the right to terminate Your account on
knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration,
You are solely responsible for protecting the confidentiality of Your User name and password, and any
activity under the account shall be deemed to have been done by You. In the case that You provide Us with
false and/or inaccurate details or We have reason to believe You have done so, We hold the right to
permanently suspend Your account. You agree that you will not disclose your password to any third party, and
that you will take sole responsibility for any activities or actions under your account, whether or not you
have authorized such activities or actions. You will immediately notify us of any unauthorized use of your
account.
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SERVICE OVERVIEW
The Website is a portal where registered Business Members of the Website as well as Academia users can place
orders on various listed sellers’ items (the sellers are registered Business members who sell chemicals) and
the Company manages the said portal and provides other incidental services to facilitate the transactions
between the buyers and the sellers.
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ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding
agreements and that they have the requisite authority to bind themselves to these Terms, as determined
solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if they are not
competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other
applicable law, rule or regulation currently in force.
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CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names,
descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on
information provided by third parties (being the sellers from whom products are sourced) and We have no
control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such
Content. All the Content displayed on the Website is subject to copyright and shall not be reused by any
party (or third party) without the prior written consent of the Company and the copyright owner.
The seller is solely responsible for the integrity, authenticity, quality and genuineness of the content
provided by the seller on the Website, and whilst feedback and comments by the buyers shall be made via the
Website, the Website bears no liability whatsoever for any feedback or comments made by the buyers made in
respect of any of the content by third parties on the Website. Further, the Website reserves its right to
suspend the account of any seller for an indefinite period to be decided at the discretion of the Website,
or to terminate the account of any seller who is found to have created or shared or submitted any Content or
part thereof that is found to be untrue/inaccurate/misleading. The seller shall be solely responsible for
making good any financial or legal losses incurred through the creation/sharing/submission of Content or
part thereof that is deemed to be untrue/inaccurate/misleading.
The Academia and Business Members have a personal, non-exclusive, non-transferable, revocable, limited
privilege to access the Content on the Website. Users shall not copy, adapt, and modify any content without
written permission of the Company.
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TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to
be in full force and effect until the User continues to access and use the Website.
A User may terminate their use of the Website at any time. The Company may terminate these Terms and close a
User’s account at any time without notice and/or suspend or terminate a User’s access to the Website at any
time and for any reason, in its sole discretion. Such suspension or termination shall not limit Our right to
take any other action against you that We consider appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior notice.
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TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the
Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the
universal right to deny access to particular Users, to any/all of its Services without any prior
notice/explanation in order to protect the interests of the Website and/or other visitors to the Website.
The Website reserves the right to limit, deny or create different access to the Website and its features
with respect to different User(s), or to change any of the features or introduce new features without prior
notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties
that the User shall not have the right to terminate these Terms till the expiry of the same.
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COMMUNICATION
By using this Website, and providing his/her identity and contact information to the Company through the
Website, the User hereby agrees and consents to receiving calls and e-mails from the Company and/or any of
its affiliates or partners at any time, subject to the Privacy Policy.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the
Company or any of its affiliates/partners relating to any service availed of by the User on the Website or
anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be
governed by the Privacy Policy.
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CHARGES
Registration on this Website is free for Users and this includes accessing the Website and the use of the
services. However, We reserve the right to amend the charges for the services rendered. In case that
happens, User will be intimated of the same, and it will be up to you to decide whether or not you will
continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
For every transaction between buyers and sellers on the Website, the Parties agree that payment shall be
collected by the Website on behalf of the seller in the mode as conveyed to the buyer and the same shall be
collected through a third-party payment gateway. The Parties acknowledge and agree that the prices of
products include the cost of the product, service fees, applicable taxes and shipping charges and that the
service fees shall be deducted by the Company before transferring the remainder amount to the seller of the
product(s) for every order.
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USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Website, and that they:
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Agree that they are authorised to purchase and/or sell chemicals on the Website.
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Agree to provide genuine credentials during the process of registration on the Website. You shall not use
a fictitious identity to register. We are not liable if the User has provided incorrect information.
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Agree to ensure the email address, address and mobile number provided during account registration are
valid at all times and shall keep your information accurate and up-to-date. The User can update their
details anytime.
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Agree that they are solely responsible for maintaining the confidentiality of Your account password. You
agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close your
account at any time for any or no reason.
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Understand and acknowledge that the data submitted is manually entered in to the database of the Website
and all data in the Website should be backed by hard copies or appropriate evidence for the purpose of
verifying the validity of the data. The User also acknowledges the fact that data so entered into the
database is for the purpose of easy and ready reference alone.
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Authorize the Website to use, store or otherwise process Your personal information and all published
Content and User comments and reviews and ratings for marketing and promotional purposes.
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Understand and agree that, to the fullest extent permissible by law, the Website/Company and their
successors and assigns, or any of their affiliates or their respective officers, directors, employees,
agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be
liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of
the Website or from this terms of use, including, but not limited to, compensatory, consequential,
incidental, indirect, special or punitive damages.
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Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or
create derivative works from, transfer, or sell any information or obtained from the Website. Any such
use/limited use of the Website will only be allowed with the prior express written permission of the
Company.
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Agree not to access (or attempt to access) the Website and/or the materials or services by any means other
than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent
the navigational structure or presentation of the Website, materials or any content, or to obtain or
attempt to obtain any materials, documents or information through any means not specifically made
available through the Website will lead to suspension or termination of the User’s access to the Website.
The User acknowledges and agrees that by accessing or using the Website or any of the Services provided
therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable.
The Company disclaims any and all liabilities arising in relation to such offensive content on the
Website.
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Expressly agree and acknowledge that the Content displayed on the Website is not owned by the Company, and
that the same are the exclusive property of vendors or other third parties, who have chosen to showcase
their products through the Company’s Website, and that the Company is in no way responsible for the
content of the same. The User may however report any offensive or objectionable content, which the Company
may then remove from the Website, at its sole discretion.
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The Website permits the User to post, or upload data/information as User comments, feedback or reviews,
and the User undertakes to ensure that such material is not offensive or objectionable, and is in
accordance with applicable laws. The User expressly agrees that any such material that is deemed to be
objectionable/offensive may be removed from the Website immediately and without notice, and further that
the User access to the Website may also be permanently revoked, at the sole discretion of the Company.
The User further undertakes not to:
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Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal
rights of any other person or entity;
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Engage in any activity that interferes with or disrupts access to the Website or the Services provided
therein (or the servers and networks which are connected to the Website);
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Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a
person or entity;
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Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or
unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of
another person or legal entity;
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Upload or distribute files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Website;
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Download any file belonging to another User of the Website that the User is aware, or should reasonably
be aware, cannot be legally distributed in such a manner;
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Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach
the security or authentication measures on the Website or any network connected to the Website. The User
may not reverse look-up, trace or seek to trace any information relating to any other User of, or
visitor to, the Website, or any other viewer of the Website, including any User account maintained on
the Website not operated/managed by the User, or exploit the Website or information made available or
offered by or through the Website, in any manner;
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Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources,
accounts, passwords, servers or networks connected to or accessible through the Website or any
affiliated or linked platforms;
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Collect or store data about other Users of the Website.
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Use the Website or any material or content therein for any purpose that is unlawful or prohibited by
these Terms, or to solicit the performance of any illegal activity or other activity which infringes the
rights of this Website or any other third party (ies);
- Violate any code of conduct or guideline which may be applicable for or to any particular service
offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable
additional terms of the Website contained herein or elsewhere, whether made by amendment, modification,
or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or
prevent the investigation of any offence, or insult any other nation.
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of
which is prohibited or restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
- Use chemicals to create any dangerous end products that may adversely impact society and the country
in which they are living
- Commit any act that causes the Company to lose (in whole or in part) the services of its Internet
Establishment ("ISP") or in any manner disrupts the services of any other
supplier/service provider of the Company/Website;
- Use any products for anti-social, anti-patriotic or anti-national activities
- Engage in advertising to, or solicitation of, other User of the Website to buy or sell any products or
services not currently displayed on the Website. The User may not transmit any chain letters or
unsolicited commercial or junk email/messages to other User via the Website. It shall be a violation of
these Terms to use any information obtained from the Website to harass, abuse, or harm another person,
or to contact, advertise to, solicit, or sell to another User of the Website without the express
prior written consent of the Company.
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For Academia users, they shall not:
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Resell any purchased products for commercial use
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Transfer purchased chemicals to other Users or any third-party without the approval from the Head of
Department of the respective university/college/institution who has the authority to grant such
approval
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Utilise any product for any purpose other than research and innovation that is authorised by the
Head of Department/Supervisor/other official having authority of the respective
university/college/institution
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Posting Chemical requirements which are prohibited for use and mentioned under
International Narcotics Control Board.
Please visit http://www.incb.org/ for more information.
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For Business users, they shall not:
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Buy/purchase any chemicals meant for any other purpose other than commercial, research and
innovation only authorised by the purchasing authority of the organisation
- Buy/purchase any products without necessary approvals from the management of the organisation
- Transfer any purchased chemicals to any third-party without necessary approvals from
organisational management who are responsible for the buying of chemicals and related products
- Publish any products under restricted chemicals of International Narcotics Control Board (INCB),
in contravention of which the Company shall initiate criminal proceedings against the Business user
and bar the Business user permanently from doing business with the Company;
- Sell chemicals without the necessary approvals from the organisation’s management
- Sell any hazardous chemicals via the Website
The User hereby expressly authorizes the Company/Website to disclose any and all information
relating to the User in the possession of the Company/Website to law enforcement or other government
officials, as the Company may in its sole discretion, believe necessary or appropriate in connection
with the investigation and/or resolution of possible crimes, especially those involve personal injury
and theft/infringement of intellectual property. The User further understands that the Company/Website
might be directed to disclose any information (including the identity of persons providing information
or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid
governmental request.
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SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion
limit the User’s access and/or activity by immediately removing the User’s access credentials either
temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to
usage of the Website to the User, without being required to provide the User with notice or cause:
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If the User is in breach any of these Terms or the Policy;
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If the User has provided wrong, inaccurate, incomplete or incorrect information;
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If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole
discretion of the Company.
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INDEMNITY
You (the Business Member/Academia Member) agree to indemnify, defend and hold harmless the Company/Website,
its independent service providers, third party sellers, and consultants, and their respective directors,
officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities,
claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may
be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or
agreement made or obligation to be performed by You pursuant to these terms of use. Further, You agree to
hold us harmless against any claims made by any third party due to, or arising out of, or in connection
with:
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Your use of the Website,
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Any Discussions or Messages you provide;
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Your violation of these Terms and Conditions;
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Your violation of any rights of another;
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Your conduct in connection with the Website;
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Your internal disputes amongst other Users
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement
with any party without Our consent.
In no event shall the Company/Website be liable to compensate the User or any third party for any special,
incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of
use, data or profits, misuse of products, whether or not foreseeable, and whether or not the Company/
Website had been advised of the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in
connection with the User’s use of or access to the Website and/or the services or materials contained
therein.
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LIMITATION OF LIABILITY
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The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising
out of the following events:
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If the Website is inoperative/non-responsive due to any connectivity errors associated with the
internet connection such as but not limited to slow connectivity, no connectivity, server failure;
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if the User has fed incorrect information or data or for any deletion of data;
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if there is undue delay or inability to communicate through email;
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if there is any deficiency or defect in the products/shipping/services managed by third-party service
providers;
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if there is a failure in the functioning of any other service provided by the Website.
- The Website accepts no liability for any errors or omissions, whether on behalf of itself or third
parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting
from the use or misuse of the Website or any service availed of by the User through the Website. The
service and any Content or material displayed on the service is provided without any guarantees,
conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will
not be liable to you for the unavailability or failure of the Website.
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Users may be held legally responsible for damages suffered by other Users, the Website or any third party
as a result of legally actionable or defamatory comments, remarks, or other information or content posted
to the Website.
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Users are to comply with all laws applicable to them or to their activities, and with all Policies, which
are hereby incorporated into this Agreement by reference.
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The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by
the Website and which is incurred by you in connection with the Website, including loss of profits; and
any loss or damage incurred by you as a result of your breach of these terms.
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To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any
loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that
your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
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INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of
the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers,
solutions, reports and other distinctive brand features, save according to the provisions of these Terms.
All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics
created by and developed by the Website and other distinctive brand features of the Website are the property
of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Website
created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like,
related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely
to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or
discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said
services resides with the owners, and that at no point does any such intellectual property stand transferred
from the aforementioned creators to the Company, or to any other User. The User is aware that the Company
merely provides a Website through which the Users can view, sell and purchase chemicals, and the Company/the
Website does not own any of the intellectual property relating to the independent content displayed on the
Website, apart from originally created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the
aforementioned owners by the User will result in legal action being initiated against the User by the
respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties
that the contents of this Section shall survive even after the termination or expiry of the Terms and/or
Policy.
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DISCLAIMER OF WARRANTIES AND LIABILITIES
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The User agrees and undertakes that they are accessing the Website and transacting at their sole risk and
are that they are using their best and prudent judgment before availing any service listed on the Website,
or accessing/using any information displayed thereon.
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The User agrees that any kind of information, resources, activities, recommendations obtained/availed from
Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting
from these. You are solely responsible for your communication/interaction with other Users on the Website
and the Website doesn’t make any warranty about the conduct of Users on the Website.
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The Company/Website does not guarantee that the functions, products and services contained in the Website
will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other
harmful components, and the User hereby expressly accepts any and all associated risks involved with the
User’s use of the Website.
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The Website is and shall avail services from third parties to serve You better and these services will be
provided on “as is” basis and the Website disclaims any liabilities resulting from these third party
services. The Website will not be responsible for any internet delays and damages caused by such problems.
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It is further agreed to by the Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
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FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its
obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or
negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake,
riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical
failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
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DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these
Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution
(“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section
shall survive even after the termination or expiry of the Terms and/or Policy.
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Mediation:
In case of any dispute between the parties, the Parties will attempt to resolve the same amicably
amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to
reach such an amicable solution within thirty (30) days of one Party communicating the existence of a
dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
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Arbitration:
In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be
referred to arbitration by a panel of three arbitrators (one to be appointed by the Company, one by the
opposing Party and the third by the two arbitrators), and the award passed by such arbitral panel will be
valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the
sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the
proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city
of Hyderabad, Telangana.
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the
Parties are governed by the laws, rules and regulations of India.
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NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated
to the Company by the User by emailing at [email protected]
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MISCELLANEOUS PROVISIONS
- Agreement: These Terms, read with the Policy, form the complete and final contract
between the User and the Company with respect to the subject matter hereof and supersedes all other
communications, representations and agreements (whether oral, written or otherwise) relating thereto.
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Waiver:
The failure of either Party at any time to require performance of any provision of these Terms
shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either
Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall
be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any
other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or
unenforceable by any court or authority of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired
thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest
extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the
original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
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