Terms and Conditions

These Terms of Use describe the terms and conditions applicable to your access and use of www.e-chemex.com (the “Website”). These Terms of Use are effective upon your use of the Website or registration of an account at www.e-chemex.com. The entity that you are contracting with is e-chemex Pvt. Ltd. ("e-chemex").

1. Terms Of Acceptance and Application

These Terms of Use, the Privacy Policy, and all policies posted on the Website set out the terms on which e-chemex offers you access to and use of their Websites, Services, applications etc. All policies, including the Privacy Policy are incorporated with Terms of Use. You agree to comply with all above when accessing or using our Services. This document and such other rules and policies of the Website are collectively referred to below as the “Terms”. By accessing the website you agree to accept the Terms. Please do not use the Services or the Website if you do not accept all of the Terms & Conditions mentioned on our portal.

2. User Services

You must register as a member on the Website in order to access and use our services, further, e-chemex reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying users or subject to other conditions that e-chemex may impose in its discretion from time to time. Services (or any features within the Services) may vary for different users e-chemex may in its sole discretion, limit, deny or create different levels of access to, and use of, any Services (or any features within the Services) for different users. e-chemex may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice thereof From time to time, certain Services may be provided by e-chemex’s affiliates on behalf of e-chemex.

3. Account Membership

User must be registered on the Website to access or use the Services (a registered user is also referred to as a "Member" below). Except with e-chemex express approval, One Organisation will have One administrator who create more users for his Organisation. Upon registration on the Website, The registered e-mail would become the member ID and the user would be able to generate own password. All notifications will be sent to registered email and mobile number of the user , its the responsibility of the user to verify all details and report any discrepancies. Each Member ID and password is unique for a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of the Member ID and password and for all activities that occur under such account. No Member may share, assign, or permit the use of its Member account, ID or password by another person outside of the Members business entity. Member agrees to notify e-chemex immediately if it becomes aware of any un-authorised use of its password or its account or any other breach of security of its account.

Member agrees that all activities that occur under the account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account will be deemed to have been authorised by the Member. Member acknowledges that sharing its account with other persons or entities, or allowing multiple users outside of your business entity to use your account (collectively, "Multiple Use"), may cause irreparable harm to e-chemex on or other users of the Website. Member shall indemnify e-chemex, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of Multiple Use. Member also agrees that in case of Multiple Use or Member’s failure to maintain the security of its account, e-chemex 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.

4. General rules of products' offering by the User Companies

The Company is authorized to offer its goods on the Website via binding offers containing information according to the Terms of use. After publishing the offer the Company’s Credit value will be blocked in the amount corresponding to the value of the published offer. After the expiration of the Offer validity period the offer will be removed from the Website (it will only be visible for the relevant Company in the section “My trades” and will not be accessible to other Companies), and the Company’s part of the Credit will be unblocked. Offers of individual Companies – Sellers which have not registered (Guests) are anonymous. Neither the name of the offer nor the description of goods may contain a proposal for sale or exchange of goods outside the Website.

Seller’s Offer of the Products The Seller offers its products via an electronic form, in which he is obliged to provide products filled by him in the form. An offer located on the website is considered as binding. All prices given by the seller exclude taxes & duties.

5. Products Description:

Products description including technical specifications which will always be in English, products that will be offered by the Seller is selected from a list of products available at the website. All Products listed on the website would be having "Standard Specifications". If the Seller is interested in offering goods which’s not mentioned in the list of products, he may contact the Customer Support Centre and will report the name and deliver the technical specification of the product or will send the e-chemex via email by a written request. We will try to add the products offered by the seller after checking it within seven days. There is no legal claim to enter the products intended for sale in the list of products available on the Website The description of products may only relate to the products located in the offer. The description of products may not be used to communicate between the Companies or as advertisement of items and services offered by the seller outside of the Website. It is not permitted to trade products that are not included in the catalogue of registered products or items on the Website. Offer cancellation: The seller is authorised to cancel its offer in full extent during the Offer validity period.

6. Buyer’s Enquiry

The Buyer is authorised to inquire products on the Website by binding inquiries containing information given on the website hereof. The Buyer is responsible for the currency of the enquiry. Buyer is authorized to locate inquiries on the website for the duration of its validity. The Seller may not change the Terms of already booked or traded enquiry for the Enquiry validity period. After locating the enquiry the Buyers Credit will be decreased by the amount corresponding to the located enquiry. After the expiration of Enquiry validity period the enquiry will be removed from the website (it will only be visible for the relevant Company in the section “My trades” and will not be accessible to other Companies), and the Company’s part of the Credit will be unblocked.

7. Enquiries individuals– (Guests) Buyers which have not registered are anonymous.

8. Products description

Products description including technical specifications which will always be in English, products that will be offered by the Seller is selected from a list of products available at the website. If the Seller is interested in offering goods which’s not mentioned in the list of products, he may contact the Customer Support Centre and will report the name and deliver the technical specification of the product or will send the e-chemex via email by a written request. We will try to add the products offered by the seller after checking it without a delay. There is no legal claim to enter the products intended for sale in the list of products available on the Website The description of products may only relate to the products located in the offer. The description of products may not be used to communicate between the Companies or as advertisement of items and services offered by the seller outside of the Website. It is not permitted to trade products that are not included in the catalogue of registered products or items on the Website.

9 .Offer cancellation:

The buyer is authorized to cancel its offer in full extent during the Offer validity period. Buying products from the seller – In case of seller’s interest in offered products, The Seller will confirm its interest in the products by clicking agreeing to the Terms and Conditions by clicking “Confirm”.

10. Contract :

A contract between the Company and e-chemex, is concluded when the Company registers, and which includes these Terms. Credit Limit: the amount registered for use, expressed in INR or USD, up to which the Company is allowed to carry out business operations on the platform of e-chemex. The final value of the credit limit is determined during the registration process, and is subject to approval, which is based on the involvement of the credentials provide by the company. The maximum value of the first credit will not exceed INR 5,00,00000 or USD 10,00,00,000. The amount is determined by the e-chemex, in its sole discretion. Under some, serious circumstances Approved credit may be refused or its amount reduced. Approved credit allocation does not imply any insurance. “Credit” – the amount of funds which are recorded in the account which serves the trading company. Credit has registered value only and is not a real money account. Companies may trade on the website up to the value of Credit Limit only. Credit transactions will decrease the value of Credit, after which partial or total exhaustion the Company may request additional Credit. “Blocked credit” – part of the credit, which is blocked due to the fact that the Company has published offers or inquiries on the Website, which have yet to expire or which were accepted by the another party, but the trade has not yet been completed.

11. Disposable credit

credit that the Company has available at a given moment for placing new offers and enquiries on the Website.

12. Offer/ Enquiry validity period

A period for which an Offer/Enquiry will be located on the Website, the shortest period is one hour. “Offer/Enquiry expiration period” – the passing of the Validity period, during which no one has reacted to the offer/enquiries, i.e. nobody bought or offered to buy the products.

13. Offer/Enquiry cancellation

cancellation of the offer/Enquiry based on the Company’s decision prior to its expiration.

14. Purchase contract

a confirmed offer (an offer confirmed by another contracted party) or a confirmed enquiry (a enquiry confirmed by another contracted party) is equal to a purchase contract.

15. Customer Support : –

A section of the e-chemex website remit which ensures that Companies receive satisfactory service. It receives feedback from Companies and attempts to find solutions to any problems that may arise.

16. Contract Closing

The buyer and the seller are obliged to contact each other immediately after receiving the Conformation of the offer. e-chemex is not responsible for the occurrence whereby the seller or the buyer cannot be contacted after delivering the offer and for the case whereby performance of obligations of contractual parties from an already existing purchase contract are not observed or for other defects in performance of the purchase contract by either of the parties. Should any of the parties to the binding order have justified interest in cancelling the already performed order, it is obliged to inform the other party (by e-mail or in a different provable manner) about this fact without a delay, but not later than 24 hours from the receipt of the binding order, and contact the Customer Support centre. Provided that all Terms are observed, a purchase contract is not concluded between Companies. Possible inaccessibility of either of the parties for order cancellation communication is not considered. After receiving the Binding order the seller and the buyer are authorized to conduct all mutual communication in the matter of their mutual performance (particularly handover of data necessary for payment and for delivery , warranty claims, withdrawal from contract etc.) electronically via email addresses noted in the Order, or other addresses, which will be provably communicated between the parties. If both parties can be identified from such communication, then electronic communication is deemed as written form.

17. Trade Completion :

After successful trade “buyer” has to send for approval to “seller” whereby “seller” would confirm receipt of full and final payment, once the “seller” confirms the receipt of payment then that trade would be deemed as completed its due course and that the goods were delivered or delivered goods paid with the supporting invoice and payment receipt or other necessary documents upload on the system. Only after this may the Company’s Credit be replenished to its original amount. The client Support centre employees may contact the Company during the running trade and ask about the course of the transaction, satisfaction with services etc.Its also obligatory on the seller to pay the commission due to the portal before the trade is closed.

18. Termination of the Account and Services:

if companies who are binding with the contract with e-chemex needs to follow the following terms in order to continuation of their account and services. Post, list or upload items in inappropriate categories or areas of our Website If Fail to pay for items purchased by you, Fail to deliver items sold by you Manipulating with the price of any item of other users or interfere with any other user's listings; Take any action that may undermine the feedback or ratings systems; Transferring your e-chemex account and user ID to another party without our consent; post spam, unsolicited or bulk communications, chain letters, or pyramid schemes; Distribute viruses or any other technologies that may harm E-chemex, or the interests or property of any user; Use any robot, spider, scraper or other automated means to access our Services for any purpose; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to e-chemex, or that comes from the Services and belongs to another e-chemex user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property rights, except with prior express permission of e-chemex and/or any other party holding the right to license such use; Commercialize any E-chemex application or any information or software associated with such application; Harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.

If we believe you are abusing e-chemex in any way, we may, in our sole discretion limit, suspend, or terminate user account(s) and access to our Services, without prior to notice delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services or accessing the Website. Incomplete or the accounts are not confirmed by us and the accounts that have been inactive for a long time or discontinue our services additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion. By accepting our terms of use you acknowledge and agree that e-chemex may amend any Terms at any time, relevant amended and restated terms on the website. By continuing to use the Services or the Website, you agree to be bound by such amended Terms. You may be required to enter into a separate agreement, whether online or offline, with echemex or any affiliate for any Services (“Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall prevail over the Terms only with respect to the Services at issue.

Force Major Under no circumstances shall e-chemex 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.

Intellectual Property Rights E-chemex 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 copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with e-chemex, our affiliates of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by e-chemex are hereby reserved. E-echemex may have independent third parties involved in the provision of the Services (e.g., the authentication and verification of the buyers and sellers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

Users General Subject to any Additional Agreements, the Terms constitute e-chemex 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. As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations related thereto.If any provision of the Terms is held to be invalid or unenforceable, be deleted and the remaining provisions shall remain Headings are for reference purposes only and in no way define or describe scope or extent of such section. e-chemex 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 e-chemex s right to act with respect to subsequent or similar The tems shall be governed by the laws of India without regard to its conflict of law and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of India.