ebizchem: Registration: Step 1: Company Details

Terms and Conditions

MEMBERSHIP POLICY AND 
TERMS AND CONDITIONS

Application for membership
Welcome to ebizchem.

This Agreement constitutes a legally enforceable, valid and binding contract between ebiz CHEM and you, which shall be admissible as evidence in a court of law. This Agreement contains the complete terms and conditions that apply to an individual's or entity's membership in ebiz CHEM ("Membership Policy"). To complete your application you must carefully read, understand and accept the Membership Policy by signing up the Membership Policy and Terms and Conditions. You may print a copy of the Membership Policy for your reference. This Agreement shall be effective upon our acceptance of your application after receipt and evaluation of your application in good faith. We will notify you of the acceptance or rejection of your application. On acceptance of your application, you shall be obligated and liable to perform and fulfil your covenants under this Agreement. If you have questions regarding this application, please contact Registration Manager at: registration@ebizchem.com.

As used in this Agreement, "we" means ebiz CHEM, "you" means the applicant and "site" means a home page or web site on the World Wide Web or, depending on the context, refers either to ebiz CHEM web site or to the site that you will link to our site.

Product Support and Services
ebiz CHEM currently provides members with access to on-line business-to- business buying & selling services, personalized content and branded programming through its network of properties. Unless explicitly stated otherwise, any new features or products that augment or enhance the current services, shall be subject to the terms and conditions of the Membership Policy. You understand and agree that the product support and services provided are on an "AS-IS" basis and that ebiz CHEM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. On the ebiz CHEM web site you will be able to buy and sell a wide range of products, initially covering industries such as chemical, dyestuff, pharmaceutical, agrochemical, petrochemical, pigment etc.  We will keep you informed of any new features or products that augment or enhance the current services.

Terms and Conditions

Use of Services
In order to avail of the services of ebiz CHEM, you will require all necessary equipment and access to the World Wide Web, either directly or through devices that access web-based content, on payment of necessary fees / charges associated with such access.

In consideration of your use of the services of ebiz CHEM, you agree to provide true, accurate, current and complete factual information about yourself and your product(s) as prompted by the application form for membership and the registration form for registration of your product(s). Registration is necessary for each of the products you are interested in buying or selling.

The information you provide in the application form and the registration form is necessary to help us ensure that only legitimate and genuine buyers and suppliers become members of the ebiz CHEM web site.

Product Registration
Only those products in which you are interested in buying or selling can be Registered.

Fees and Payment
As consideration for the services you have selected, you agree to pay ebiz CHEM the applicable fees set forth on the ebiz CHEM site at the time of your applying for registration. All fees are due immediately and are non-refundable. Unless otherwise specified, the services and membership of ebiz CHEM is for a term of one year. The transaction will be treated as completed transaction, once the order placed by the buyer is accepted by the seller on the said Web Site (Portal). The transaction fee when applicable will be charged on the total value of the above transaction. The said transaction fee will not be refunded or cancelled even if the transaction is not fulfilled partially or in totality.

Member Conduct
You shall be solely and entirely responsible for your conduct, including your actions, products and the content of any information, data, text, software, music, sound, photograph, graphic, image, video, message or other material ("Content"), whether publicly or privately posted, uploaded, e-mailed or otherwise transmitted by you, it being understood that a designated employee acts on behalf of the company in all its actions and submissions on this service.

You agree not to use the services of ebiz CHEM to:
o	post, upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
o	harm minors in any way;
o	impersonate any person or entity, including but not limited to, a ebiz CHEM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
o	forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ebiz CHEM web site;
o	post, upload, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
o	post, upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 
·	post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt,  destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
o	interfere with or disrupt the service or servers or networks connected to the ebiz CHEM web site, or disobey any requirements, procedures, policies or regulations of networks connected to the ebiz CHEM web site;
o	transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; 
o	attempt to gain unauthorised access to or use of other computer systems or interfere with another member's use of ebiz CHEM's web site or services;
o	stalk or otherwise harass another member by sending or forwarding chain letters, junk mail and spamming; or
o	collect or store personal data about other members of ebiz CHEM.
It is mandatory for you to observe the terms and conditions of the Membership Policy and any violation, in our opinion, of the same shall entitle us to terminate your membership with immediate effect and inform other members to prevent any damage to their interest.

Proprietary Rights to Content
Any material, information or other communication you transmit or post to the ebiz CHEM site will be considered non-confidential and non-proprietary ("Communications"). ebiz CHEM  will have no obligations with respect to the Communications. You are prohibited from posting or transmitting to or from the ebiz CHEM site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

You acknowledge that content, including but not limited to any text, software, music, sound, photograph, image, video, graphic or other material contained in any advertisement, posting, e-mail or transmission distributed, or other commercially produced information presented to you by ebiz CHEM or any of ebiz CHEM's members or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You therefore agree to use this content as expressly authorized by us or the member or advertiser. You agree not to copy, reproduce, distribute or create derivative works from this content without express authorization to do so by us or the member or advertiser.

You acknowledge that ebiz CHEM does not prescreen content, but that ebiz CHEM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the ebiz CHEM web site. Without limiting the foregoing, ebiz CHEM and its designees shall have the right to remove any content that violates the Membership Policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by ebiz CHEM or submitted to ebiz CHEM.

You acknowledge and agree that ebiz CHEM may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a)	comply with legal process; 
(b) 	enforce the Membership Policy;
(c) 	respond to claims that any content violates the rights of third-parties; or 
(d) 	protect the rights, property or personal safety of ebiz CHEM, its members and the public.

You understand that the technical processing and transmission of our services, including your content, may involve:
(a)	transmissions over various networks; and
(b)	changes to conform and adapt to technical requirements of connecting networks or devices.

All content is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by ebiz CHEM or its licensors. You acknowledge that the service and any underlying technology used in connection with the service provided by ebiz CHEM contains proprietary and confidential information of ebiz CHEM. You may not copy, reproduce (except as stated below), publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. If you feel that any Content infringes your copyrights, you may contact ebiz CHEM's copyright agent at: webmaster@ebizchem.com

"ebiz CHEM" is a service mark of ebiz CHEM. Third party trademarks, service marks, logos, and trade names appearing on the ebiz CHEM site are the properties of their respective owners.

Termination of Membership
ebiz CHEM may, at its sole and absolute discretion and without assigning any reason whatsoever, immediately terminate ebiz CHEM membership of any individual or entity if his/her conduct fails to conform with the Membership Policy or any of the terms and conditions contained therein.

You agree that ebiz CHEM shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict access to or availability of material that it or any member of the ebiz CHEM considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

You agree to honour all the terms and conditions of registration, including the financial obligations related registration, and in case of failure to honour the same, ebiz CHEM reserves the right to terminate your membership.

De-registration
In the event that a member of ebiz CHEM is, for any reason, unable to offer for sale or purchase, any registered product, such member shall immediately inform ebiz CHEM of such inability and cause de-registration of such product with immediate effect. However, in case any commitment is already made for the sale or purchase of any registered product for which de-registration is sought by a member, such member shall be liable to fulfill such commitment to the other member.

Security Policy and Confidentiality
ebiz CHEM has implemented multiple security measures to protect the loss, misuse and alteration of any information under its control. The physical server will be protected full-time by both, a full lockdown and human guards.

All confidential commercial information entered on ebiz CHEM site is fully secured by multiple levels of password protection, encryption and internal processes that ensure that no unauthorised individual or member comes into contact with any sensitive user information such as price and customer data.

ebiz CHEM  and its designees will not copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for commercial purposes unless required by any statutory or governmental authority. ebiz CHEM will protect customer data and ensure that it remains safe, secure and confidential.  Although ebiz CHEM may make use of these data on an aggregate basis for creating analysis of market trends of the product.

Indemnification
You agree to indemnify, defend and hold harmless ebiz CHEM and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the Membership Policy and the terms & conditions thereunder, your infringement or violation of any intellectual property or other right of a third party, your Content, or from your violation of any applicable law.

Applicable Law
This Agreement shall be governed by the jurisdiction of the courts in Ahmedabad, Gujarat and the laws of India, without reference to rules governing choice of laws. Any action relating to this Agreement or the Membership Policy must be brought in the High Court of Gujarat at Ahmedabad, and you irrevocably consent to the jurisdiction of the court.

You agree to:
(a)	abide by all applicable local, state, national and international laws and regulations in member's use of the service; and
(b)	to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from India through the service.

ebiz CHEM   makes no representation that contents in the ebiz CHEM site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the contents in violation of export laws and regulations. Any claim relating to the ebiz CHEM site shall be governed by the internal substantive laws of India.

Disclaimer
ebiz CHEM shall not be responsible or in any way liable for any violation or breach of any contract, agreement or commitment by any member or for any non-observance or non-fulfillment of any covenant under the Membership Policy or Member Conduct stipulated herein.

We make no express or implied warranties or representations with respect to the Membership Policy or any products sold through the ebiz CHEM site (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

You agree and warrant that the information that you provide to us is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our services hereunder is solely at your own risk. You agree that such service(s) is provided on an "as is" and "as available" basis. ebiz CHEM expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ebiz CHEM makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does ebiz CHEM make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through the ebiz CHEM site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ebiz CHEM site is done at your own discretion and risk and that you will be solely responsible  for any damage to your computer system or loss of data that results from the download of such material and/or data. ebiz CHEM makes no warranty regarding any products or services purchased or obtained or any transactions entered into through the ebiz CHEM site. No advice or information, whether oral or written, obtained by you from the ebiz CHEM site or through any e-mail service provided by ebiz CHEM shall create any warranty not expressly made herein.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the ebiz CHEM site. Modifications may include, for example, changes in the Membership Policy, registration fee and commission schedule, payment procedure, product support and services. ebiz CHEM may modify, suspend or discontinue any portion of its service provided at any time, with or without notice. The service is currently accessible to members without charge, however ebiz CHEM reserves the right to charge for one or more portions of its service in the future. (ebiz CHEM will notify you of any fees associated with any portion of its service).
 
If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Membership Policy following our posting of a change notice or new agreement on the ebiz CHEM site shall constitute binding acceptance of the modification. You will continue to remain obligated for the commitments made by you on the ebiz CHEM site. You agree to periodically review the ebiz CHEM site, including the current version of this Agreement and the Membership Policy, to be aware of such modifications. If any modification is unacceptable to you, you may terminate this Agreement by providing us with written notice by e-mail at: registration@ebizchem.com or registered mail addressed to Attention: Support Executive, S/1 Norquest House, Mithakhali, EllisBridge, Ahmedabad - 380 006, Gujarat, India. Notice of your termination shall be effective on receipt and processing by us. We will not refund any fees paid by you if you terminate your agreement with us. We shall not be bound by nor should you rely on any representation:
o	by any agent, representative or employee of any third party that you may use to apply for our services; or
o	in any information posted on the ebiz CHEM site of a general informational nature.
No employee, contractor, agent or representative of ebiz CHEM is authorised to alter, amend, revise or otherwise modify the terms and conditions of this Agreement or the Membership Policy. In the above case the member has the obligation to fulfill his contract made on the site.

Accurate Information
You agree to:
o	provide certain, current, complete and accurate information on the E-biz CHEM site; and 
o	maintain and update this information as required to keep it current, complete and accurate.

We rely on this information to send you important information and notices regarding your membership and our services. Our Privacy Statement incorporated herein sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our Privacy Statement. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our Privacy Statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorised access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:
o	the purposes for which such third party's personal data has been collected, 
o	the intended recipients of the third party's personal data,
o	which parts of the third party's data are obligatory and which parts, if any, are voluntary; and
o	how the third party can access and, if necessary, rectify the data held about them.

You further agree to provide such notice and obtain such consent with regard to any third party data you supply to us in future. We shall not be responsible for any consequences resulting from your failure to provide notice and obtain such consent from such individuals nor for your providing outdated, incomplete or inaccurate information.

All information, including products, prices, references and properties provided by you shall be believed to be true, current, complete and accurate. ebiz CHEM shall not be responsible for any information found to be incorrect, incomplete or inaccurate, whether provided intentionally or otherwise. You are required to verify the trade references and bank references of the members with whom you intend to transact on ebiz CHEM.

Transactions
You agree and undertake to fulfill and adhere to the terms and conditions of offer for sale /order for purchase in respect of  any of your products registered on ebiz CHEM made to you by any member of ebiz CHEM in good faith and shall be solely and entirely liable and responsible for any loss, damage or expense incurred by any member due to non-fulfillment or non-adherence of any term or condition by you.

A member of ebiz CHEM buying a product registered on ebiz CHEM shall pay the price of such product to the member selling the product, in accordance with the terms and conditions of the offer for sale/ order for purchase, as the case may be and as agreed upon between the buyer and the seller.

The seller is obligated to supply his product to the buyer in accordance with the technical specification or description of such product posted by him on the ebiz CHEM site, and in absence of such specification or description, the quality of the product supplied should meet generally accepted market standards.

You and we are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that would contradict anything in this Agreement.

Password and Security 
Upon registration, you will choose a Member ID and Password. You shall be responsible for keeping your Member ID and Password confidential. We recommend you memorize this information, and not write it down and change your password periodically. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify ebiz CHEM of any actual or suspected unauthorized use of your account or password. ebiz CHEM shall not be responsible for any loss to you arising from your failure to comply with the above.  
Force Majeure
A member shall not be responsible for any failure to perform the contract formed hereunder due to causes beyond its control, including, but not limited to, acts of God, acts of government or judicial action, all whether foreseen or unforeseen.

Non-Waiver
Your failure to exercise any of your rights for any period shall not constitute or be deemed a waiver or forfeiture of such rights.

Our failure to enforce your strict performance of any provision of this Agreement or the Membership Policy shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement or the Membership Policy.

Non-assignment
You shall not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors.

Third-Party Beneficiaries. 
The Agreement shall not confer any rights or remedies upon any third party, other than the parties to this Agreement and their respective successors and permitted assigns.

Indemnity
You agree to release, indemnify, and keep indemnified ebiz CHEM, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of such services.

Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any ebiz CHEM services provided under this Agreement and the Membership Policy and/ or breach of this Agreement is solely limited to the amount you paid for such services.
Links
Linked sites or other web sites that you access through the ebiz CHEM site are not under the control of or maintained by ebiz CHEM  and ebiz CHEM  does not endorse or accept responsibility for the content, use or products and services made available through such linked sites or any link contained in a linked site. ebiz CHEM  reserves the right to terminate any link or linking program at any time. ebiz CHEM  does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to the ebiz CHEM site, you do this entirely at your own risk.

Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that ebiz CHEM may at anytime (directly or indirectly) solicit customers on terms that may differ from those contained in this Agreement or operate web sites that are similar to the ebiz CHEM web site. You have independently evaluated the desirability of participating in ebiz CHEM's Membership Policy and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

"I have read the provisions of this Agreement and the ebiz CHEM Membership Policy and I agree to the terms and conditions contained therein.

Signed and delivered this ___ day of ___________, 2000.

Signature	:  
Name	:	
Title/Designation	: 	
Address	: