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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: [email protected].
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.
Further to be able to avail of these services you are legally
competent to contract under applicable laws.
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:
(a) 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;
(b) harm minors in any way;
(c) 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;
(d) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through
the ebiz CHEM web site;
(e) 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);
(f) 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;
(g) 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;
(h) 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;
(i) 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;
(j) 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;
(k) stalk or otherwise harass another member by sending
or forwarding chain letters, junk mail and spamming; or
(l) 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 n-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: [email protected]
"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.
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