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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
Please
read the terms of use (“TOU”) carefully before using this web site.
Your use of this web site indicates that you accept this TOU and any other
operating rules or policies that plasticsahead.com may create and/or
revise from time to time and makes available on this site. "This
site" refers to the site having the URL plasticsahead.com, including
any parts thereof; "you" or "your" refers to the
individual or entity using the this site; and "Partner" refers
to a third party with which plasticsahead.com has created a version of
this site or that plasticsahead.com has authorized to link to this site or
with which plasticsahead.com has a joint promotion relationship. You
represent and warrant that you are authorized and empowered to agree to
this TOU on behalf of yourself and any entity that you purport to
represent. By accessing, browsing, and or using this site, you acknowledge
that you have read, understood, and agree to be bound by this TOU. If you
do not agree to these terms, do not use this site.
plasticsahead.com may at any
time revise this TOU by updating this posting. By using this site, you
agree to be bound by any such revisions and therefore you should
periodically visit this page of the site to examine the then-current TOU
to which you are bound. Certain provisions of this TOU may be superseded
by expressly designated legal notices or terms located on particular pages
at this site.
In
consideration for the use of this site, you agree to (1) provide complete
and accurate information about yourself when so prompted by this site and
(2) maintain and update this information as necessary to keep it current,
complete and accurate. Any use of your personal information is set forth
in our Privacy Policy.
2.
LICENSE GRANT AND RESTRICTIONS
plasticsahead.com
hereby grants you a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to use this site only for managing
your purchase and/or sell for yourself or on behalf of your entity. You
may not rent, lease, grant a security interest in, or otherwise transfer
any rights you have in the use of this site. You are prohibited from
reselling or acting as a service bureau for the purchasing and/or selling
services of this site. You are also prohibited from reverse-engineering,
modifying, de-compiling, disassembling, translating or otherwise
attempting to derive source code from any part of this site.
3. SPECIFIC TERMS
APPLYING TO BUYERS AND SELLERS FOR TRADING ON PLASTICSAHEAD.COM
Terms
for buyers:
1.plasticsahead.com
basically facilitates trade between buyer and seller and cannot be held
responsible for any failure on the part of supplier. However care is being
exercised that only reputed suppliers are permitted to trade at
plasticsahead.com
2.plasticsahead.com is not responsible for authenticity of
information displayed in the supplier's store.
3.Registered Users at chemb.com are allotted their unique user ID and
Password. This should be kept confidential. The plasticsahead.com shall
not be held responsible for misuse or illegal use of given User ID or
Password by any other person who acquires User ID and Password from
registered Buyer by any manner without the knowledge of registered buyer.
The buyer is responsible for all trades carried out using his user ID and
Password.
4. Orders once placed cannot be cancelled.
5. Except in the case of Advance Payment, the buyer has to make the
payment for goods within Three (3) days of their arrival in the
transporter's local godown.
6.The buyer has 15 days including the day of delivery of goods to make any
complaint regarding quality of goods supplied, damage to the goods or
shortfall in quantity. Complaints received later than that will be
forwarded to the suppliers for necessary action at his discretion.
Terms
for suppliers:
1.
The suppliers are responsible for information provided in their
store. They should regularly update the information or modify it as per
their requirement. plasticsahead.com will provide training to the staff of
the supplier so that they can use their store front effectively.
2.
A supplier is duty
bound to effect dispatches against orders received through
plasticsahead.com within the stipulated lead
time.
4. SITE CONTENT
Unless
otherwise noted, all materials, including, but not limited to, pictures,
illustrations, designs, icons, text, audio clips, and video clips
(collectively, the "Content") on this site and all intellectual
property rights therein, are owned, controlled or licensed by
plasticsahead.com The site as a whole is protected by copyright, all
worldwide rights, titles and interests in and to which are owned by
plasticsahead.com, its Co-Branded Partners, or its suppliers. The Content
and software on this site may be used only for conducting business between
you and Partners, or buyers and/or suppliers on this site. Any other use,
including the reproduction, modification, creating derivative works,
distribution, transmission, display, or performance, of the content on
this site is strictly prohibited.
plasticsahead.com
and other graphics, logos, service marks, and trade names used on this
site by plasticsahead.com are the trademarks of plasticsahead.com, its
Partners, or its suppliers or buyers and may not be used without
permission in connection with any third-party products or services or in
any manner not permitted in plasticsahead.com's trademark use policy,
which may be made available from time to time. All other trademarks,
service marks, and trade names (including third party product names) used
on this site are the property of their respective owners.
5.
USER SUBMISSIONS
plasticsahead.com
reserves the right to edit and post the questions or comments you submit
to plasticsahead.com along with their answers without revealing your full
name, email address, or phone number. All communications, comments,
feedback, suggestions, ideas, and other submissions submitted to
plasticsahead.com (collectively, "Submissions") shall be and
remain plasticsahead.com's property with all worldwide rights, titles and
interests in all copyrights and other intellectual property in the
Submission hereby assigned to plasticsahead.com from you.
6.
USER COMMUNICATIONS
plasticsahead.com
may, but is not obligated to, monitor or review any areas on this site
where users transmit or post communications to or through this site or
communicate with other users of this site and the content of any such
communications. plasticsahead.com, however, will have no liability related
to the content of any such communications, whether or not arising under
the laws of copyright, patent, trade secret, defamation, privacy,
obscenity, or otherwise.
You
are solely responsible for all content including, but not limited to,
photographs, caricatures, illustrations, designs, icons, articles, text,
audio clips, and video clips (collectively, "User Content") that
you post, email or otherwise transmit via this site. plasticsahead.com
does not control User Content posted, emailed or otherwise transmitted via
this site and, does not guarantee the accuracy, integrity or quality of
such User Content. You shall not provide any User Content that: (i)
infringes any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (ii) violates
any law, statute, ordinance or regulation (including without limitation
the laws and regulations governing export control, unfair competition,
anti-discrimination or false advertising); (iii) is defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (iv) is obscene,
harmful to minors or child pornographic; (v) contains any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; or (vi) is materially false, misleading or inaccurate. You
understand that by using this site, you may be exposed to User Content
that is offensive, indecent or a violation of individuals’ or
proprietary rights. Under no circumstances will plasticsahead.com be
liable for any User Content posted, emailed or otherwise transmitted via
this site.
plasticsahead.com may, at its
sole discretion, take any action plasticsahead.com deems necessary if
plasticsahead.com believes a user’s conduct fails to conform with these
terms and conditions or may create liability for plasticsahead.com,
Partners, its suppliers, or buyers or other users.
7.
PASSWORD
You
are solely responsible for your failure to maintain the confidentiality of
your account information and password. Furthermore, you are entirely
responsible for any and all activities which occur under your account. You
agree to immediately notify plasticsahead.com of any unauthorized use of
your account or any other breach of security known to you.
8.
INDEMNITY
You
agree to defend, indemnify and hold plasticsahead.com , and its
subsidiaries, affiliates, officers, employees and agents harmless from any
claim or demand, including attorneys' fees, made by any third party due to
or arising out of your use of this site, any Submission or User Content
you post, email or transmit to or through this site, your violation of
this TOU, or your violation of any third party rights.
9.
DISCLAIMER OF WARRANTIES
plasticsahead.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE, ITS CONTENTS, ANY INFORMATION MADE
AVAILABLE ON THIS SITE, MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS
SITE. plasticsahead.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO ALL OF THE FOREGOING. FURTHERMORE, plasticsahead.com , ITS PARTNERS,
AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS
SITE, INCLUDING TO THE PRODUCTS AND PRICES DESCRIBED AT THIS SITE, AT ANY
TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE
THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT
THIS SITE AND MAY CONTAIN ERRORS. OUTPURCHASE.COM, ITS CO-BRANDED
PARTNERS, AND ITS SUPPLIERS DO NOT WARRANT THAT USE OF THIS SITE WILL BE
UNINTERRUPTED, SECURE OR ERROR-FREE, THAT MESSAGES OR REQUESTS WILL BE
DELIVERED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.
LIMITATION OF LIABILITY
IN
NO EVENT WILL plasticsahead.com, ITS PARTNERS, ITS SUPPLIERS, OR OTHER
THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED
TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH
SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR
SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL plasticsahead.com, ITS PARTNERS, ITS
SUPPLIERS, BUYERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY
DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON
INFORMATION PROVIDED THROUGH THIS SITE. THE AGGREGATE LIABILITY OF
plasticsahead.com ARISING FROM OR RELATING TO THIS TOU AGREEMENT
(REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT,
STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL
THEORY) IS LIMITED TO THE amount plasticsahead.com receives on PURCHASE
PRICE OF ANY PRODUCTS YOU PURCHASED IN THE RELEVANT TRANSACTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
11.
TERMINATION
plasticsahead.com
and/or its Partners reserve the right to restrict access to this site to
any user, and may at any time at its sole discretion, with or without
notice and with or without cause, immediately deny access to this site by
any person or entity, including those who previously had access.
12.
GENERAL
This
TOU shall be governed by and construed in accordance with Mumbai
Jurisdiction and the laws of the state of india as it is applied to
contracts entered into and fully performed by residents of the state of
india .If any provision(s) of this TOU is found to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with the other provisions remaining
in full force and effect. plasticsahead.com's failure to exercise or
enforce any right or provision of this TOU shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by
plasticsahead.com in writing. You and plasticsahead.com agree that any
cause of action arising out of or related to this TOU or this site must
commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. The section titles in this TOU
are solely used for the convenience of the parties and have no legal or
contractual significance. plasticsahead.com and Partners shall have the
right to provide notices to you by fax, mail, personal delivery or email.
The application of the United Nations Convention on the International Sale
of Goods is hereby expressly excluded. You agree to comply with all
applicable export and import control laws and regulations in your use of
this site or any parts thereof; and you will defend, indemnify and hold
harmless plasticsahead.com and its partners and suppliers from and against
any violation of such laws or regulations by you or any agents, officers,
directors, or employees. This TOU represents the entire agreement and
supersedes any and all oral and written agreements or understandings
between the parties as to the subject matter herein. This TOU may be
amended only in writing (including and without limitation, printed or
electronic means) by plasticsahead.com
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