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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* pw/login+cc payments 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. *inspit of this in case of hacker entering
system, inspite of all due protection, ebizchem should not be
held liable 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.
Arbitration
Any dispute that arises out of this Agreement shall be resolved
by arbitration. For this purpose, the Indian Arbitration Act,
1996 as amended to date shall be applicable.
Notice
If you have any complaints with respect to this Agreement, you
shall send a written complaint to ebiz CHEM who shall then try
and resolve the dispute within ___ days. In the event that the
dispute cannot be solved, then the arbitration clause, mentioned
above, shall be invoked after giving ebiz CHEM a prior notice
of ___ days. Any such notice shall be sent by post on the following
address: ______________________ ______________________ ______________________
"OUR ADDRESS"
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. You understand and agree
that the views expressed in the consumer forum are wholly those
of the participants and not in any way those of ebiz CHEM. Further,
ebiz CHEM shall be in no way liable for any injury which might
arise to any person due to the views expressed therein.
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: [email protected] 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:
(a) by any agent, representative or employee of any third
party that you may use to apply for our services; or
(b) 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:
(a) provide certain, current, complete and accurate information
on the E-biz CHEM site; and
(b) 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:
(a) the purposes for which such third party's personal
data has been collected,
(b) the intended recipients of the third party's personal
data,
(c) which parts of the third party's data are obligatory
and which parts, if any, are voluntary; and
(d) 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.
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