Please read the following terms and condition of use agreement carefully. 

The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of ChemAtoZ.com (hereinafter referred to as "website"), which promotes business between sellers and buyers globally. It is an agreement between you as the user(s) of the website (the "User(s)") and ChemAtoZ. (hereinafter referred to as "ChemAtoZ"). ChemAtoZ believes that before subscribing to and/or begin participating in or using website that the user has fully read and understood and accepted the agreement.

Website is merely a Venue/Platform

Website is merely a buyer to seller platform for its registered members to negotiate/interact for buying, selling and other business services by locating companies to trade with through our online website.

Your use of the Site and ChemAtoZ services, software and products (collectively known as “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy policy, the Product listing policy and any other rules and policies of the Site that ChemAtoZ may publish from time to time.  This document and such other rules and policies of the Site are collectively referred to below as the “Terms”.  By accessing the Site or using the Services, you agree to accept and be bound by the Terms.  Please do not use the Services or the Site if you do not accept all of the Terms.

You acknowledge and agree that ChemAtoZ may amend any Terms at any time by posting the amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.

You may be required to enter into a separate agreement, whether online or offline, with ChemAtoZ 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.

PROVISION OF SERVICES

  1. You agree to use the Site or Services solely for your own private and internal purposes. You that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and

  2. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with ChemAtoZ, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from ChemAtoZ is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.

  3. You must read ChemAtoZ Privacy Policy which governs the protection and use of personal about Users in the possession of ChemAtoZ. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

  4. ChemAtoZ may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' site. You are cautioned to read such site' terms and conditions and/or privacy policies before using the Site. You acknowledge that ChemAtoZ has no control over such third parties' site, does not monitor such site, and shall not be responsible or liable to anyone for such site, or any content, products or services made available on such site.

  5. The term User(s) denotes any individual or business entity/organization that legally operates in India and other countries. The website services are available to only to those individual or business that can perform legally binding contracts under the applicable Law in force. The User(s) should not be a Minor and must have completed 21 years of age to be eligible to use our services.

  6. User(s) accessing the website should abide and follow by the related laws. Website would not be responsible for the possible consequence caused by your behavior during the use of website. The website may at any time refuse the access the use of the website service and the same would be its sole discretion.

User(s) Agreement

    1. Member agrees that all activities that occur under your account (including without limitation, any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) xwill be deemed to have been authorized by the Member.

    2. Member acknowledges that sharing of their account with other persons, or allowing multiple outside of their business entity to use their account (collectively, "multiple use"), may cause irreparable harm to ChemAtoZ or other Users of the Site. Member shall indemnify ChemAtoZ, our directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of their account. Member also agrees that in case of the multiple use of their account or Member’s failure to maintain the security of their account, ChemAtoZ shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

    3. Use of the site is unavailable to persons below the age of 18 years or persons who cannot legally form a contract under India Contract Act, 1972 or Users suspended or removed from ChemAtoZ's system for any reason whatsoever. However if you are below the age of 18 years, you may avail of ChemAtoZ's services through your legal guardian in accordance to applicable laws.

Amendment to User(s) Agreement

Website reserves the right to change the terms and conditions and notices under which the services including but not limited to the charges for the services provided through the website. The user(s) shall be responsible for regularly reviewing these terms and conditions.

Intellectual Property Rights

    1. ChemAtoZ is the sole owner or lawful licensee of all the rights and interests in the Site and Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with ChemAtoZ, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by ChemAtoZ are hereby reserved.

    2. ChemAtoZ may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

Breaches

    1. ChemAtoZ reserves the right in our sole discretion to remove, modify or reject anything you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject ChemAtoZ to liability, or is otherwise found inappropriate in ChemAtoZ’s opinion.

    2. If any Member breaches any Terms or if ChemAtoZ has reasonable grounds to believe that Member is in breach of Terms, ChemAtoZ shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. ChemAtoZ.in shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by ChemAtoZ.  The penalties that ChemAtoZ may impose include, among others, warning, removing any product listing, Price Difference to buyer or Seller if any dispute arise out of Breaching the Contract , or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as ChemAtoZ may consider appropriate in our sole discretion.

    3. Without limiting the generality of the provisions of the Terms, a Member would be considered being in breach of the Terms in any of the following circumstances: a) Upon complaint or claim from any third party, ChemAtoZ has reasonable grounds to believe that b) ChemAtoZ has reasonable grounds to suspect that such Member has used a stolen credit card or c)  ChemAtoZ believes that the Member’s actions may cause financial loss or legal liability to such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, other false or misleading information in any transaction with a counter party, not current or complete or is untrue, inaccurate, or misleading, or ChemAtoZ or any other Users. And Suitable Penalty may incur

    4. ChemAtoZ reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, ChemAtoZ may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.  ChemAtoZ shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against ChemAtoZ for such disclosure.

    5. Each Member agrees to indemnify ChemAtoZ, our directors, employees, agents and representatives to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.

Registered User(s)

The website provides proper and user friendly procedure for users to log in and log out. To register on the website the user has to fill in an online registration form on the website by giving desired information (Name, Contact information, details of its business etc.) The website would set up an account for the user and enable User ID and Password for log in the Account. The user information would be displayed on the website after the payment of fees by the user and access to paid member is valid only till they are members.

It is deemed that by becoming a registered user you consent to the inclusion of your personal database and authorize CHEMATOZ to share such information with other user(s). The website may refuse registration and deny membership and associated user ID and Password to any user for whatever reason.

The website may terminate or suspend any member at any time without giving prior notification in the interest of the website or in the general interest of other members without giving or assigning any reason thereof.

Posting your contents on ChemAtoZ.com

The contents here in contributed by anonymous registered member/user(s) neither CHEMATOZ or its affiliates, directors, partners, officers or employees have entered into any sort of Partnership, joint venture or joint business relationship with such third party by virtue of our display of the third party contents on the website. Any third party contents are the sole responsibility of the party who has provided contents on the website. CHEMATOZ is not responsible for the conduct of User(s) on the website and shall not be liable to any person in connection with any damage suffered by any person as a result of any such User(s) conduct.

User(s) solely represents warranty and agree to:-

    1. Member will be required to provide information or material about their entity, business products/services as part of the registration process on the Site or their use of any Service or the member account.  Each Member represents warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) they will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

    2. Upon becoming a Member, they consent to the inclusion of the contact Buyer Database and authorize ChemAtoZ to share the contact information with other Users or otherwise use their personal information in accordance with the Privacy

    3. Each Member represents, warrants and agrees that

      1. You shall be solely responsible for all necessary third party licenses and permissions regarding any User Content that you submit, post or display;

      2. Any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and

      3. You have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

    4. Each Member further represents, warrants and agrees that the User Content that they submit, post display shall:

      1. be true, accurate, complete and

      2. not be false, misleading or

      3. not contain information that is defamatory, libelous, threatening or harassing, objectionable, offensive, sexually explicit or harmful to minors;

      4. not contain information that is discriminatory or promotes discrimination based on race, religion, nationality, disability, sexual orientation or age;

      5. not violate the Product Listing Policy, other Terms or any applicable Additional Agreements

      6. not violate any applicable laws and regulations (including without limitation those export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;

      7. not contain any link directly or indirectly to any other site which includes any content may violate the Terms.

    5. Each Member further represents, warrants and agrees that they

      1. Carry on their activities on the Site in compliance with any applicable laws and regulations

      2. Conduct their business transactions with other users of the Site in good faith

      3. Carry on their activities in accordance with the Terms and any applicable Additional Agreements

      4. Not use the Services or Site to defraud any person or entity (including without limitation of stolen items, use of stolen credit/debit cards);

      5. Not impersonate any person or entity, misrepresent themselves or their affiliation with any or entity;

      6. Not engage in spamming or phishing;

      7. Not engage in any other unlawful activities (including without limitation those which constitute a criminal offence, give rise to civil liability,  etc) or encourage or abet any unlawful activities;

      8. Not involve attempts to copy, reproduce, exploit or expropriate ChemAtoZ various directories, databases and listings;

      9. Not involve any computer viruses or other destructive devices and codes that have the effect damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

      10. Not engage in any activities that would otherwise create any liability for ChemAtoZ

    6. Member may not use the Services and member account to engage in activities which are identical similar to ChemAtoZ e-commerce marketplace business.

    7. Member agrees to provide all necessary information, materials and approval, and render reasonable assistance and cooperation necessary for ChemAtoZ provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member.  If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, ChemAtoZ shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

    8. Member acknowledges and agrees that ChemAtoZ shall not be required to actively monitor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. ChemAtoZ does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information

    9. Member acknowledges and agrees that the Services may only be used by businesses and representatives for business use and not for individual consumers or for personal use.

    10. Member acknowledges and agrees that each Member is solely responsible for applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

Interaction between User(s)

The website provides merely a platform for exchanging information between buyers and sellers of product and services. The website doesn't acknowledge or represent any user(s) in any transaction. The website doesn't control and is not liable to or responsible for any quality, safety, lawfulness or availability of products or services offered for sale on the website or the ability of the seller to complete the sale or of the buyer to complete the sale.

User(s) acknowledges fully the risk of purchase and sale transaction when using the website to conduct the transaction and that the user(s) fully assumes the risks of liability or harm of any kind in connection with the subsequent activities of any kind relating to products or services that are subject of the transaction on the website.

Notices

  1. All legal notices or demands to or upon ChemAtoZ shall be made in writing and sent to personally, by courier, certified mail, or facsimile to the following entity and address: ChemAtoZ The notices shall be effective when they are received by ChemAtoZ in any of the above-mentioned manner.

  2. All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to ChemAtoZ, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when. a) ChemAtoZ is able to demonstrate that communication, whether in physical or electronic form, and (b) Immediately upon ChemAtoZ posting such notice on an area of the Site that is publicly accessible been sent to such User, or without charge.

  3. You agree that all agreements, notices, demands, disclosures and other communications ChemAtoZ sends to you electronically satisfy the legal requirement that such communication should be in writing.

Governing Laws and Disputes Resolution

This agreement and each member shall be governed by and constructed in accordance with the laws of India without reference to conflicts of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts of Mumbai, Maharashtra

 

LIMITATION OF LIABILITY

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ON CHEMATOZ OR THROUGH THE Site ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND ChemAtoZ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

    2. Notwithstanding any of the foregoing provisions, the aggregate liability of ChemAtoZ, our agents, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to ChemAtoZ or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.

FORCE MAJEURE

    1. Under no circumstances shall ChemAtoZ be held liable for any delay or failure or disruption content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

GENERAL PROVISIONS

    1. Subject to any Additional Agreements, the Terms constitute ChemAtoZ with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

    2. ChemAtoZ and you are independent contractors, and no agency, partnership, employee-employer or franchiser-franchisee relationship is intended or created by the Terms

    3. If any provision of the Terms is held to be invalid or unenforceable, be deleted and the remaining provisions shall remain

    4. Headings are for reference purposes only and in no way define, limit, construe or describe scope or extent of such section.

    5. ChemAtoZ’s failure to enforce any right or failure to act with respect to any breach by Terms will not constitute a waiver of that right nor a waiver of ChemAtoZ’s right to act with respect to subsequent or similar