Application and Acceptance of the Terms
- The user acknowledges and agrees that procurepoint.in amends any Terms at any time by posting the amended and restated Terms on the website. By continuing to use the Services or the website, the User agrees that the amended Terms will apply to the User.
- Users may be required to enter into a separate agreement, whether online or offline with procurepoint.in or its affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- The Terms may not otherwise be modified except in writing by an authorized officer of procurepoint.in .
Provision of Services
- The procurepoint.in contracting entity implies that User (hereby implies person above age 18 registers his/her account on the website) is contracting with M/s CDG Petchem Limited for the purpose of buying or selling the products displayed on the website.
- User must register as a member on the website in order to access and use some Services. procurepoint.in 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 procurepoint.in may impose in our discretion.
- procurepoint.in may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of any services.
- As a condition of User access to and use of the website or Services, User agrees that he/she shall comply with all applicable laws and regulations when using the website or its Services.
- The user agrees to use the website or Services solely for his/her own private and internal purposes. User agrees that:
- He/she shall not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the website (the “Website Content”),
- He/she shall not copy, reproduce, download, compile, or otherwise use any Website Content for the purposes of operating a business that competes with procurepoint.in , or otherwise commercially exploiting the website Content. Systematic retrieval of Website Content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) is prohibited unless written permission from procurepoint.in . The use of any content or materials on the website for any purpose not expressly permitted in the Terms is prohibited.
- procurepoint.in may allow Users to access content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API, or otherwise to such third parties' website. Users are cautioned to read such website' terms and conditions and/or privacy policies before using the website. User acknowledges that procurepoint.in has no control over such third parties' website, does not monitor such a website, and shall not be responsible or liable to anyone for such a website, or any content, products or services made available on such a website.
- Users must be registered on the website to access or use some Services (a registered User is also to as a “Member” below i.e. Member means all the sellers and buyers that are registered on the website for using our services). Except with approval, one User may only register one member account on the website. procurepoint.in may cancel or terminate a User’s member account if procurepoint.in has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, procurepoint.in may reject the User’s application for registration for any reason.
- Upon registration on the website, procurepoint.in shall assign an account and issue a member ID and (the latter shall be chosen by a registered User during registration) to each registered User.
- A set of Member ID and password is unique to a single account. Each Member shall be responsible for maintaining the confidentiality and security of his/her Member ID and password and for all activities that occur under his/her account. No Member may share, assign, or permit the use of his/her Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify procurepoint.in immediately if she/he becomes aware of any unauthorized use of his/her password or your account or any other breach of security of his/her account.
- Member agrees that all activities that occur under his/her account (including without limitation, any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services) shall be deemed to have been authorized by the Member.
- Member acknowledges that sharing of his/her account with other persons, or allowing multiple outsides of his/her business entity to use his/her account (collectively, "multiple uses"), may cause irreparable harm to procurepoint.in or other Users of the website. Member shall indemnify procurepoint.in , our directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of his/her account. Member also agrees that in case of the multiple uses of his/her account or Member’s failure to maintain the security of his/her account.
- procurepoint.in 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.
- Use of the website is unavailable to persons below the age of 18 years or persons who cannot legally form a contract under the India Contract Act, 1972, or Users suspended or removed from com system for any reason whatsoever. However, if Member is below the age of 18 years, he/she may avail of procurepoint.in services through his/her legal guardian in accordance with applicable laws.
Each Member represents warrants and agrees that
- Member has full Terms, to grant the license and authorization and to perform the obligations hereunder;
- Member use the website and Services for purchase/business purposes only;
- The address Member provides when registering shall be deemed as the principal place of business of his/her business entity. For purposes of this provision, a branch or liaison office shall not be considered a separate entity, and his/her principal place of business shall be deemed to be that of Member.
- Member shall be required to provide information or material about his/her entity, business products/services as part of the registration process on the Site, or his/her use of any Service or the member account. Each Member represents warrants and agrees that such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the website or Service is true, accurate, current and complete and he/she shall maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Upon becoming a Member, he/she consent to the inclusion of the contact Buyer Database and authorize procurepoint.in to share the contact information with other Users or otherwise use his/her personal information in accordance with the Privacy.
Each Member represents warrants and agrees that:
- member shall be solely responsible for all necessary third-party licenses and permissions regarding any User Content that he/she submit, post or display;
- any User Content that Member submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
- a member has the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each Member further represents, warrants and agrees that the User Content that he/she submits, posts/ displays shall be true, accurate, complete and not be false, misleading or
- not contain information that is defamatory, libelous, threatening or harassing, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, religion, nationality, disability, sexual orientation or age;
- not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- not violate any applicable laws and regulations (including without limitation those export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- not contain any link directly or indirectly to any other site which includes any content that may violate the Terms.
- not be any licensable chemical in India to buy or sell on procurepoint.in
Each Member further represents warrants and agrees that they:
- Carry on his/her activities on the website in compliance with any applicable laws and regulations.
- Conduct his/her business transactions with other users of the website in good faith.
- Carry on his/her activities in accordance with the Terms and any applicable Additional Agreements.
- Not use the Services or website to defraud any person or entity (including without limitation of stolen items, use of stolen credit/debit cards).
- Not impersonate any person or entity, misrepresent himself/herself, or his/her affiliation with any or entity.
- Not engage in spamming or phishing.
- Not engage in any other unlawful activities (including without limitation those which constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities.
- Not involve attempts to copy, reproduce, exploit or expropriate procurepoint.in various directories, databases, and listings.
- Not involve any computer viruses or other destructive devices and codes that have the effect damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Not involve any scheme to undermine the integrity of the data, systems or networks used procurepoint.in and/or any user of the website or gain unauthorized access to such data, systems or networks;
- Not engage in any activities that would otherwise create any liability for procurepoint.in
- Member may not use the Services and member account to engage in activities which are identically similar to com e-commerce marketplace business.
If Member provides a business referee, he/she represents warrants and agrees that he/she shall obtain all necessary consents, approvals, and waivers from his/her business partners and associates to:
- act as his/her business referee;
- post and publish his/her contact details and information, reference letters and comments on his/her behalf;
- that third parties may contact such business referees to support claims or statements made about Member. Member further warrants and agrees that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain his/her consent.
- Member agrees to provide all necessary information, materials, and approval, and render reasonable assistance and cooperation necessary for procurepoint.in provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, procurepoint.in shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Member acknowledges and agrees that procurepoint.in shall not be required to actively monitor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or website. procurepoint.in does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of his/her communications and may be held legally liable or accountable for the content of his/her comments or other material or information
- Member acknowledges and agrees that the website and its Services may only be used by businesses and representatives for business use and not for individual consumers or for personal use.
- Member acknowledges and agrees that he/she is solely responsible for applicable laws and regulations in its respective jurisdictions to ensure that all use of the Website and Services are in compliance with the same.
- Member acknowledges and agrees that each he/she is solely responsible for transit Insurance in case if the material is damaged or met with an accident during the time of transit of the orders.
- Each Member represents warrants and agrees that
Breaches by Members
- procurepoint.in reserves the right in its sole discretion to remove, modify or reject anything Member submit to, post or display on the website which it reasonably believes is unlawful, violates the Terms, could subject procurepoint.in to liability, or is otherwise found inappropriate in procurepoint.in opinion.
- If any Member breaches any Terms or if procurepoint.in has reasonable grounds to believe that Member is in breach of any the Terms, procurepoint.in shall have the right to impose a penalty against the Member or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. procurepoint.in shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by procurepoint.in . The penalties that procurepoint.in may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as procurepoint.in may consider appropriate in our sole discretion.
- Without limiting the generality of the provisions of the Terms, a Member would be considered being in breach of the Terms in any of the following circumstances:
- Upon complaint or claim from any third party, procurepoint.in has reasonable grounds to believe on such complaints or claim.
- procurepoint.in has reasonable grounds to suspect that such Member has used a stolen credit/debit card or
- procurepoint.in has reasonable grounds to suspect that any information provided by the Member is false, erroneous, and illegal.
- procurepoint.in believes that the Member’s actions may cause financial loss or legal liability to such Member has willfully or materially failed to perform his/her contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in his/her contract with such third party, other false or misleading information in any transaction with a counterparty, not current or complete or is untrue, inaccurate, or misleading, or procurepoint.in or any other Users.
- procurepoint.in reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, procurepoint.in may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. procurepoint.in shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against procurepoint.in for such disclosure.
- Each Member agrees to indemnify procurepoint.in , our directors, employees, agents, and representatives to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from Member submission, posting or display of any User Content, from Member use of the website or Services, or from Member breach of the Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ON procurepoint.in OR THROUGH THE Website ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND procurepoint.in HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
Notwithstanding any of the foregoing provisions, the aggregate liability of procurepoint.in our agents, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the website or Services during any calendar year shall be limited to the greater of:
- the amount of fees the User has paid to procurepoint.in or our affiliates during the calendar year and
- the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the website or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
Under no circumstances shall procurepoint.in be held liable for any delay or failure or disruption content or services delivered through the website 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, theft, burglary, 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
procurepoint.in is the sole owner / lawful licensee of all the rights and interests in the website and Content including Logo and Name of the website. The website and website Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights on the website and its Content shall remain with procurepoint.in , its affiliates or licensors of the website Content, as the case may be. All rights not otherwise claimed under the Terms or by procurepoint.in are hereby reserved.
procurepoint.in may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). Users shall not use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon procurepoint.in shall be made in writing and sent to personally, by courier, certified mail, or facsimile to the following entity and address: Shyam Arihant, 1-8-304 to 307/10 & 11, Pattigada Road, Secunderabad, Telangana 500003. The notices shall be effective when they are received by procurepoint.in in any of the above-mentioned manners.
All legal notices or demands to or upon a User shall be effective if sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to procurepoint.in , or by posting such notice or demand on an area of the website that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
- procurepoint.in is able to demonstrate that communication, whether in physical or electronic form, and
- Immediately upon procurepoint.in posting such notice on an area of the website that is publicly accessible been sent to such User, or without charge.
- User agrees that all agreements, notices, demands, disclosures, and other communications procurepoint.in sends to the User electronically satisfy the legal requirement that such communication should be in writing.
Subject to any Additional Agreements, the Terms constitute procurepoint.in with respect to and govern User use of the website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
procurepoint.in and User/Seller/Purchaser are independent contractors, and no agency, partnership, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
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, limit, construe or describe scope or extent of such section.
procurepoint.in failure to enforce any right or failure to act with respect to any breach by Terms shall not constitute a waiver of that right or a waiver of procurepoint.in right to act with respect to subsequent or similar.
The terms 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.
procurepoint.in is selling chemicals that are licensable in any states of India and also it is selling chemicals to only GST or CST TIN holders of any state of India.
procurepoint.in permits the sale and purchase of CHEMICALS (Govt approved) under following guidelines which the buyer agrees to follow strictly. PetroIndia shall not be liable/responsible for any consequences arising due to any breach/default by the buyer/purchaser.
- Approved Government License (import & export), Manufacturing License
- NOC from Drug Controller for sale & purchase of the product
- TDS (Technical Data Specification of the product)
- Radioactive substances, toxic and poisonous chemicals are forbidden on the PetroIndia site
- Ozone depleting substances are not permitted to be listed.
- The Seller/Purchaser agrees to accept responsibility for all transactions made from their account and any dispute arising out of any misuse of the account, whether by a family member, relative, friend, any third party or otherwise, shall not be entertained by the Company..
- In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Seller /Purchaser understands that the Company reserves the right to immediately delete such accounts and dishonour all past and pending orders without any liability including that of refunds.
- Seller/Purchaser agrees to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of the Company service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services.
- It is understood by the Seller/Purchaser that, Pictures of the Products shown are merely indicative, and are not an identical representation of the actual product. In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product's value or serviceability for the designated purpose, comes into the notice of the Seller/Purchaser, he/she must advise the Supplier of this defect within  days of product delivery in order to request for rectification at the Supplier's expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the Supplier. The above clause, in no way restricts further warranty or guarantee rights.
User shall not be entitled to:
- Use any material from the website for any purpose, other than for placing relevant orders for the required products.
- Republish material from this website (including republication on another website).
- Sell or resell the products obtained from the website for commercial purpose Acceptance.
- All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon User’s assent thereto. No variation of these terms and conditions will be binding upon procurepoint.in unless agreed to in writing and signed by the authorized representative of procurepoint.in .
- User must not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- User must not conduct any systematic or automated data collection activities (including and without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without procurepoint.in express prior written consent.
Access to certain areas of this website may be restricted. procurepoint.in reserves the right to restrict access to other areas of the website, or indeed the entire website with authorized username and password, at the website’s sole discretion.
If procurepoint.in provides User with a user ID and password to enable User to access restricted areas of this website or other content or services, User must ensure that the user ID and password are kept confidential. procurepoint.in may disable your user ID and password at procurepoint.in sole discretion without notice or explanation.
In the terms and conditions, “your user content” means material including without limitation text, images, or other material that you submit to this website, for whatever purpose. User content must not be incorrect, misleading or false. User must not be capable of giving rise to legal action whether against User or procurepoint.in or a third party (in each case under any applicable law).
User represents, warrants and undertakes to submit true and correct information on the website and the KYC Form or whenever required to do so by procurepoint.in . procurepoint.in reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Notwithstanding procurepoint.in rights under the terms and conditions in relation to User content, procurepoint.in does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Limitations of liability
procurepoint.in shall not be liable to User (whether under the law of contract, the law of torts or otherwise under any other law) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss.
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if com has been expressly advised of any potential loss. With respect to product liability of the procurepoint.in , notwithstanding any other provision of this agreement, User acknowledges and agrees that the procurepoint.in total liability to the User under this agreement shall not exceed the cost of the product supplied to the User under the specified order.
Nothing in this website’s disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website’s disclaimer will exclude or limit procurepoint.in liability in respect of any:
- Death or personal injury caused by procurepoint.in negligence.
- Fraud or fraudulent misrepresentation on the part of procurepoint.in ; or
- The matter which it would be illegal or unlawful for procurepoint.in to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, User agrees that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If User does not think they are unreasonable, User must not use this website.
User accepts that, as a limited liability entity procurepoint.in has an interest in limiting the personal liability of its officers and employees. User agrees that he/she will not bring any claim personally against procurepoint.in officers or employees in respect of any losses User suffers in connection with procurepoint.in .
Without prejudice to the foregoing paragraph, User agrees that the limitations of warranties and liability set out in this website disclaimer shall protect procurepoint.in officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as procurepoint.in
If any provision of this website’s content is, or is found to be, unenforceable under applicable law, the same shall not affect the enforceability of the other provisions of this website’s content.
User hereby shall indemnify procurepoint.in and undertake to keep procurepoint.in indemnified against any losses, damages, costs, liabilities and expenses (including and without limitation to legal expenses and any amounts paid by procurepoint.in to a third party in settlement of a claim or dispute incurred or suffered by procurepoint.in arising out of any breach by the User of any provisions of these terms and conditions, or arising out of any claim that the User has breached any provision of these terms and conditions.
Breach and Non-Compliance
Without prejudice to procurepoint.in other rights under these terms and conditions, if the User breaches these terms and conditions in any way, procurepoint.in may take such action as procurepoint.in deems appropriate to deal with the breach, including suspending User access to the website, prohibiting User from accessing the website, blocking computers using User’s IP address from accessing the website, contacting the User’s internet service provider to request that they block the User’s access to the website and/or bringing court proceedings against the User.
procurepoint.in may revise these terms and conditions from time-to-time without notice. Revised terms and conditions shall apply to the use of this website from the date of the publication of the revised terms and conditions on this website. User is advised to check this page regularly to ensure he/she is familiar with the latest version of these terms and conditions.
procurepoint.in may transfer, sub-contract or otherwise deal with procurepoint.in rights and/or obligations under these terms and conditions without notifying the User or obtaining User’s consent. User may not transfer, sub-contract or otherwise deal with user rights and/or obligations under the terms and conditions.
The terms and conditions constitute the entire agreement between the User and the procurepoint.in in relation to his/her use of this website and supersede all previous agreements in respect of the User’s use of this website.
Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of India, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts at Hyderabad.