This agreement is an electronic record in terms of information technology act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records/documents in various statutes as amended by the information technology (reasonable security practices and procedures and sensitive personal data or information) rules 2011. this is a computer-generated electronic record and does not require any physical or digital signatures.
The Platform is owned by OMMONE CLICK CHEM PRIVATE LIMITED a company incorporated under the Companies Act, 2013 (18 of 2013) with its registered office at Navranag Society, NR Karjan Kanal Road, Ankleshwar 393001 (hereinafter referred to as "ONE CLICK CHEM").
Please read the terms and conditions of this agreement carefully. terms and conditions mentioned in the agreement are a binding contract between OMMONE CLICK CHEM PRIVATE LIMITED and users. the terms are effective upon acceptance and shall govern the relationship between OMMONE CLICK CHEM PRIVATE LIMITED and users for services through platform www.oneclickchem.com. if these terms conflict with any other document/records, the terms and conditions of this agreement shall prevail unless and until further change/modifications notified by OMMONE CLICK CHEM PRIVATE LIMITED.
if you ("you/yourself/guest/visitor") continue to browse and use this platform, you are agreeing to comply with and be bound by these terms and conditions for use of the platform (“terms of use”), which together with our privacy policy (“privacy policy”) govern platform’s relationship with you. if you disagree with any part of these terms of use, you may not use this platform.
welcome to www.oneclickchem.com hereinafter referred to as "platform/oneclickchem") that is absolutely owned and operated by OMMONE CLICK CHEM PRIVATE LIMITED. Oneclickchem is an online platform for business entities to connect and conduct business online. buyers and sellers can transact with each other on the platform. users can also create their business profile to attract and interact with buyers, other service providers and sellers. further, the platform enables service partners such as logistics partners, warehousing partners, customs house agents, insurance agents, trade finance partners and others to interact with businesses and provide their services through the platform. users can also access business information and interact with other users on the platform.
"platform/Oneclickchem" shall mean www.oneclickchem.com which is owned, operated and managed by OMMONE CLICK CHEM PRIVATE LIMITED.
"Premium services" shall mean services provided to you including but not limited to trade financing, ERP integration, analytics, customer development, supplier development and any other such services that may be offered by the platform from time to time.
"Products" shall mean the goods, materials, supplies, compositions, formulations, products, laboratory chemicals and apparatus, equipment and machinery which are traded on the platform.
"Register" shall mean registering to the platform or accessing webpages created on the social media to avail the services provided by the platform.
"Services" shall mean various services offered by us through platform including but not limited to facilitation of purchase/sale of products, marketing, and any other allied services offered from time to time including but not limited to premium services.
"Users" shall mean users who are individuals or business entities, who register to avail services on the platform and in particular are the following type of users:
"you" or "your" or “yourself” refers to the users of this platform, as may be the case.
A.The user agrees, covenants and represents as under while offering its products for sale on the platform:
B.User agrees as below while purchasing the products on the platform:
C.User agrees as below while providing services on the platform:
You acknowledge, agree and confirm that:
The services offered on the platform are subject to the acceptance of these terms of use and privacy policy.
You shall be able to view products available on the platform as provided by different users. as a guest, you can navigate and browse through the platform. however, users must register in order to avail the services available on platform. user can go through the details of services and select the required service. users must register to access the platform or services available from time to time. there is no fee to register on the platform and avail services related to purchase/sale of products.
In case you want to avail the premium services, you are required to subscribe to the relevant subscription model available on the platform as per your requirement from time to time.
you are required to provide including but not limited to the below details:
you understand, agree, and acknowledge that at the time of registration, the information provided by you shall always be accurate, correct and complete. you shall be responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account. you can change your profile information and any other details that you have shared with the platform and you shall promptly update the email address listed in connection with your account to keep it accurate so that we can contact you. you shall provide any additional information as required by the platform from time-to-time. we also reserve the right to refuse registration or delete accounts at our sole discretion. you must not set up an account on behalf of another individual/Fake Individual or entity unless you are authorized to do so. you agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by you.
Any complaints regarding services and products will be resolved between the users. if any complaint is regarding the platform or the services provided by platform, then it shall be resolved between you and platform through email between you and the platform as the case may be. you shall email us on [email protected]in order to register your complaint. in case you notice any content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs. you are required to notify us on the [email protected] and we shall endeavour to resolve the issue at the earliest.
Though OMMONE CLICK CHEM PRIVATE LIMITED via www.oneclickchem.com provides significant services to users, there are certain services for which the platform may charge subscription or transaction charges.
In case of routine services i.e. buying, selling of products or availing services of trade enablers, platform shall make available to the user on mutual consideration, a payment/subscription can be charge for services. the users will have to process all the payments relating to the transactions through Online/NEFT/Cheque in account of OMMONE CLICK CHEM PRIVATE LIMITED. User agrees to abide by and adhere to the terms and conditions of banks in which the account of OMMONE CLICK CHEM PRIVATE LIMITED will be opened
Users understand, acknowledge and agree that:
The platform shall not provide any refunds to the users unless it is explicitly agreed by users that is buyer and seller. refund if agreed, is applicable, processed and received from other users in connection to specific transaction, shall be payable in the same manner in which the payment was received by the platform.
platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services available on the platform with or without notice. further, the platform reserves the right to change these terms of use at any time. platform will send an email to the registered users in case of any changes in terms of use and any other policy. you are responsible to regularly review the terms of use. continued use of the platform after any such changes shall constitute your consent to be bound by such changes. your only right with respect to any dissatisfaction with these terms of use; any policy or practice of ours in operating the platform or any content available through the platform, is to exercise discontinuation of usage of platform.
We follow ethical business practices and intend to provide the content, which is authorised, relevant and applicable and does not infringe any third party's rights. you acknowledge that platform does not make any representations or provide any warranties about the data, and information, such as data files, text, facts and figures, or other sounds, photographs, videos (collectively, the "content") which you may have access to as part of the platform, or through your use of this platform. under no circumstances, platform is liable in any way for any content, including, but not limited to any loss or damage of any kind incurred as a result of the use of any product posted, transmitted, delivered, or otherwise accessible through or made available via platform. in case you notice any violation of your intellectual property rights, you shall register your complaint through email to the platform on [email protected]. after registering the complaint, platform will take appropriate actions against such incidence including removal of such content.
you represent, warrant, and agree that no content or details shared by you with platform ("your content"), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
you grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the content and details including but not limited to trademarks, service marks, logos, feedback etc. submitted by you for providing the listing, you also grant us the right (i) to display your rating/review about the user on the platform (ii) promote or distribute it for the access of other users. you agree that you are solely responsible for content made available by you through the platform including but not limited to any liabilities arising out of any third-party infringement claims.
we reserve the right to screen, refuse to post, remove or edit your content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. if we elect to screen your content, there may be a delay in posting of such content in a public forum to allow for a review process. if we have questions about your content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtain necessary permission to post the material.
This platform may contain links to other platforms owned and operated by third parties or other users who may related to or not related to the platform ("linked platforms"). the linked platforms are not under the control of platform and platform is not responsible for the content of any linked platforms or any hyperlink contained in a linked platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to you for convenience only and the inclusion of any link does not imply any endorsement of the linked platforms by platform. your link to any such linked platforms is entirely at your own risk. platform is not a party to any transaction between you and a linked platforms. your use of a linked platform is subject to the terms and conditions of that site.
The platform may also contain third party advertisements, if any. the display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by platform. you are referred to the relevant advertiser for all information regarding the advertisement and its products or services. platform accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You may get access to blogs, message boards, live chat rooms, emails, and other feature ("ancillary services") that are offered from time to time on the platform and may be operated by us or by a third party on our behalf. as elaborated in ownership of intellectual property rights, platform shall not be responsible for any copyright infringement for the blogs written/testimonials on the platform. you shall not use these ancillary services to perform any illegal activities (including without limitation legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. the platform reserve the right to remove any live chats, comments or information provided by you if the platform considers this inappropriate.
You agree not to engage in any of the following activities:
Violating laws and rights: you shall not (a) use the platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:you shall not use the platform, or any information provided through the platform for the transmission of advertising or promotional materials, including junk mail, spam, link, chain letters, or any other form of unsolicited or unwelcome solicitation
Disruption:you shall not use the platform in any manner that could disable, overburden, damage, or impair the platform, or interfere with any other party's use and enjoyment of the platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services on the platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:you shall not share or transmit content or products or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. you shall not intimidate or harass another through the platform;
Impersonation or unauthorized access:you shall not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the platform. you shall not use or attempt to use another’s account or personal information; and, you shall not attempt to gain unauthorized access to the platform, or the computer systems or networks connected to the platform, through hacking password mining or any other means.
You expressly acknowledge and agree that use of the platform and services is entirely at your own risk and that the platform, and the services therein are provided on an "as is" basis, without any warranties of any kind.
All express and implied warranties, including, without limitation, the warranties of merchantability, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, Oneclickchem, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the platform, provision of services and your use thereof. platform makes no warranties or representations that-
we may occasionally for brief periods suspend the operations of the platform for maintenance, updates or support work as we may deem appropriate. we are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension. we shall not be or responsible for any –
Indemnification:
To the fullest extent permitted by law, you hereby indemnify, hold harmless and release OMMONE CLICK CHEM PRIVATE LIMITED, its officers, its directors, employees, agents and successors from any and all claims, demands and damages of every kind or nature, arising out of or relating to:
In no event shall Oneclickchem, its officers, directors, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Oneclickchem has been advised of the possibility of such damages), resulting from any aspect of your use of the platform, including without limitation whether the damages arise from use or misuse of the platform, or arising out of any transaction done using the platform, or while availing services of any of the users of the platform, or from inability to use the platform, or the interruption, suspension, modification, alteration, or termination of the platform . such limitation of liability shall also apply with respect to damages incurred by reason of services or rendered through or advertised in connection with the platform or any links on the platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the platform or any links on the platform. these limitations shall apply to the fullest extent permitted by law.
you specifically acknowledge and agree that platform shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. in case of any dispute with respect to the products purchased on the platform, you agree to litigate independently against the user selling on the platform without involving OMMONE CLICK CHEM PRIVATE LIMITED in any manner whatsoever.
In any event, the total aggregate liability of platform to you under any applicable law whatsoever for all loss or damage arising out of access to the platform shall be limited to the subscription fee/transaction fee paid for last 3 months by you on the platform. if no such subscription fee is paid, the amount shall be limited to the maximum of Rs. 1,000/.
The platform is committed to responsibly handling the information and data we collect through the platform in compliance with our privacy policy. please refer to our privacy policy. the data provided by the users shall be kept with the administrator of the platform and may be used subject to terms of privacy policy.
The platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the platform are owned by the OMMONE CLICK CHEM PRIVATE LIMITED and its affiliates, subsidiaries, licensors, users as the case may be. the platform respects copyright, and we prohibit users from using it for professional gain, commercial purposes or using such content on social media without prior written permission of Oneclickchem.
If you believe that the platform contains elements that infringe your intellectual property rights in your work, please notify us immediately. if we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. if you believe that material or services infringes a copyright, you may notify us [email protected] with the details. users are not allowed to use the platform content for any purpose other than specifically permitted herein. in case of violation of copyright laws, you shall be liable under section 51 of copyright act, 1957 or any other such regulations from time to time.
If you wish to terminate this agreement, you may immediately stop accessing or using this platform. your right to access and use the platform terminates automatically upon your material breach of any of the terms of these terms of use. platform reserves the right to modify or discontinue your account at any time for any material breach of the obligations under these terms of use.
In case, you misuse the products available on the platform for any illegal purposes, platform reserves the right to terminate and delete your account and take the necessary legal action.
survival: the disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Choice of law and jurisdiction: these terms of use are governed by and construed according to the laws of India, the acceptance of the terms of use shall be deemed to have been given at ANKLESHWAR and the courts in ANKLESHWAR, GUJARAT, India shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these terms of use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Force majeure: without limiting the foregoing, under no circumstances shall the platform is held liable for any damage or loss due to deficiency in performance of services or delay in delivery of product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the platform.
No waiver: The platform's failure to insist on or enforce strict performance of any of the terms of these terms of use shall not be construed as a waiver of any provision or right.
Severability: if any part of these terms of use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provision
No agency relationship: you agree that no joint venture, employment, or agency relationship exists between you and the platform as a result of these terms of use or from your use of the platform or listing.
Entire Agreement: these terms of use and privacy policy constitute the entire agreement between you and the platform relating to this subject matter and supersede any and all prior communications and/or agreements between you and the platform relating to this subject matter.