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Applicability of Agreement

 

This agreement ("user agreement") incorporates the terms and conditions for Dhalop Chemicals Private Limited and its affiliate Companies ("GETCHEMICAL.COM") to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of GETCHEMICAL.COM by using GETCHEMICAL.COM's websites or using any other customer interface channels of GETCHEMICAL.COM which includes its sales persons, offices, call centers, advertisements, information campaigns etc. Both User and GETCHEMICAL.COM are individually referred as 'party' to the agreement and collective referred to as 'parties'.


User's responsibility of cognizance of this agreement

The Users availing services from GETCHEMICAL.COM shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by GETCHEMICAL.COM for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or GETCHEMICAL.COM with respect to any services to be provided by GETCHEMICAL.COM shall be restricted to the scope of this agreement.

 


Third Party Account Information

 

By using the Account Access service in GETCHEMICAL.COM's websites, the User authorizes GETCHEMICAL.COM and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

 


Confidentiality

 

Any information which is specifically mentioned by GETCHEMICAL.COM as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.

 

Usage Of The Mobile Number Of The User By GETCHEMICAL.COM

 

 

GETCHEMICAL.COM may send Product purchase confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or mail or by voice call on the contact number given by the User at the time of registration; GETCHEMICAL.COM may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the product purchase, for any reason what so ever, to know the preference of the User for concluding the purchasing and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by GETCHEMICAL.COM is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify GETCHEMICAL.COM against all types of losses and damages incurred by GETCHEMICAL.COM due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on GETCHEMICAL.COM with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

 

Onus Of The User

 

GETCHEMICAL.COM is responsible only for the transactions that are done by the User through GETCHEMICAL.COM. GETCHEMICAL.COM will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law

 

Advertisers on GETCHEMICAL.COM or linked websites

 

 

GETCHEMICAL.COM is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. GETCHEMICAL.COM does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. The linked sites are not under the control of GETCHEMICAL.COM and GETCHEMICAL.COM is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GETCHEMICAL.COM is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by GETCHEMICAL.COM.

 

Shipping

 

 

Title and risk of loss for all products ordered by you shall pass on to you upon GETCHEMICAL.COM's shipment to the shipping carrier

 

Pricing:

 

 

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at our discretion.

 

Insurance

 

 

Unless explicitly provided by GETCHEMICAL.COM in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and GETCHEMICAL.COM doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by GETCHEMICAL.COM shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and GETCHEMICAL.COM shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

 

Termination:

 

 

a) GETCHEMICAL.COM may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until GETCHEMICAL.COM.com chooses to terminate them.
c) If you or GETCHEMICAL.COM.com terminates your use of the Website or any Service, GETCHEMICAL.COM.com may delete any content or other materials relating to your use of the Service and GETCHEMICAL.COM.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

 

Force Majure Circumstances

 

 

GETCHEMICAL.COM shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at transporters end. In such event, the user affected will be promptly given notice as the situation permits.

In no event shall GETCHEMICAL.COM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the GETCHEMICAL.COM website(s) or any other channel . Neither shall GETCHEMICAL.COM be responsible for the delay or inability to use the GETCHEMICAL.COM websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the GETCHEMICAL.COM website(s), or otherwise arising out of the use of the GETCHEMICAL.COM website(s), whether based on contract, tort, negligence, strict liability or otherwise.

GETCHEMICAL.COM is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

 

Safety of Data Download

 

 

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Nevertheless, GETCHEMICAL.COM will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares

 

Proprietary Rights

 

 

GETCHEMICAL.COM may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by GETCHEMICAL.COM and shall not copy, transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

 

 

Indemnification

 

 

The User agrees to indemnify, defend and hold harmless GETCHEMICAL.COM and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by GETCHEMICAL.COM and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and GETCHEMICAL.COM cannot be held responsible for the same.

 

Right to Refuse

 

 

GETCHEMICAL.COM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by GETCHEMICAL.COM is not complete until full money towards the service is received from the customer and accepted by GETCHEMICAL.COM.

Without prejudice to the other remedies available to GETCHEMICAL.COM under this agreement, the TOS or under applicable law, GETCHEMICAL.COM may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

  • The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

  • GETCHEMICAL.COM is unable to verify or authenticate any information provided by the user; or

  • GETCHEMICAL.COM believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or GETCHEMICAL.COM.

GETCHEMICAL.COM may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with GETCHEMICAL.COM or use the website in any manner whatsoever until such time that the user is reinstated by GETCHEMICAL.COM.

Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, GETCHEMICAL.COM reserves the right to recover any amounts due and owing by the user to GETCHEMICAL.COM and/or the service provider and to take strict legal action as GETCHEMICAL.COM deems necessary

 

Right to cancellation of order incase of wrong information from user

 

 

The User expressly undertakes to provide to GETCHEMICAL.COM only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from GETCHEMICAL.COM.

In case GETCHEMICAL.COM discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, GETCHEMICAL.COM in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, GETCHEMICAL.COM shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

The User unequivocally indemnifies GETCHEMICAL.COM of any such claim or liability and shall not hold GETCHEMICAL.COM responsible for any loss or damage arising out of measures taken by GETCHEMICAL.COM for safeguarding its own interest and that of its genuine customers. This would also include GETCHEMICAL.COM denying/cancelling any bookings on account of suspected fraud transactions.

 

Interpretation number and gender

 

 

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.

 

Severability

 

 

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

 

Relationship

 

 

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of GETCHEMICAL.COM Websites or its partner websites, shall be deemed to constitute a partnership between the User and GETCHEMICAL.COM and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

 

Modification of these terms of use

 

GETCHEMICAL.COM reserves the right to change the terms, conditions, and notices under which the GETCHEMICAL.COM websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions

 

 

Jurisdiction

 

 

GETCHEMICAL.COM hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. GETCHEMICAL.COM considers itself and intends to be subject to the jurisdiction only of the courts of Mumbai, India.

 

Responsibility of user vis-à-vis Agreement

 

 

The User expressly agrees that use of the services is at their sole risk. To the extent GETCHEMICAL.COM acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall GETCHEMICAL.COM be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. GETCHEMICAL.COM may change the features or functionality of the services at any time, in their sole discretion, without notice. GETCHEMICAL.COM 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. No advice or information, whether oral or written, which the User obtains from GETCHEMICAL.COM or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the GETCHEMICAL.COM pages or otherwise use any of the contents, pages, information or any other material provided by GETCHEMICAL.COM. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying GETCHEMICAL.COM in writing.

 

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