Date of last update: 16th September 2024

We, Jay Technochem Private Limited, having our registered office at SF-202, Neptune Harmony, Next to Planet Landmark Hotel, Iscon-Ambli Road, Near Ashok Vatika BRTS stop, Ahmedabad, Gujarat, India -380058, (“Chemaxe”/ “we”/ “our”/ “us”) provide an online website “CHEMAXE” (www.chemaxe.com) and its related mobile, cloud, desktop and other software applications (collectively referred to as the “Platform”) for buyers and sellers to connect with each other and trade in certain Products and avail the Services related thereto.

References to “You”, “Users”, “Your” shall mean the users (including buyer/ seller/ guests/ visitors/ brokers) accessing and using the Platform and who may or may not register to avail Services.

This terms and conditions of use (“Terms of Use”) govern Your use and access of the Platform and/or Services. By using our Platform, You confirm that You understand and consent to this Terms of Use, together with any documents that may be expressly referred to and are incorporated by reference. You will be deemed to be a “user” who is legally bound by this Terms of Use. If You use the Platform or the Services on behalf of an entity, customers or family members, You represent that You are authorized by such party to accept this Terms of Use on such party’s behalf.

This Terms of Use is a legal, binding contract between every User and Chemaxe. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the policies and terms governing this Platform (including but not limited to Privacy Policy available here https://chemaxe.com/privacy-policy as amended from time to time. If User does not understand this document or do not accept any part of it, then User shall immediately discontinue the use of the Platform.

Access to and use of certain Services or access to certain parts of the Platform is restricted to User(s) with accounts only. You shall not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by Us for Your specific use. A breach of this provision may be an offence under the applicable laws including but not limited to the Information Technology Act, 2000.

“Products” means bulk chemicals which are listed on the Platform from time to time.

“Services” shall mean various services offered by us through Platform or published on any social media including but not limited to providing an online/digital enablement for buying and selling of products, marketing, information/knowledge share on chemical products etc. or any other allied services offered by us from time to time.

These Terms of Use applies to any person who accesses or uses the Platform for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Platform, under actual or apparent authority. User(s) may use this Platform and/or Services solely for their commercial/business purposes.

The Terms of Use applies to all Services offered on the Platform, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Platform.

This Terms of Use is current as of the effective date set forth at the top of this page. Chemaxe may in its sole and absolute discretion modify the terms at any time and in any manner without any prior notification to You. Any change or revision will be posted on our Platform. Thus, You are advised to review this page periodically for any changes. Your continued usage of the Platform or any of the Services after any changes to these Terms of Use will be deemed as acceptance of such changes.

The Platform is acting as an intermediary for providing an online trading platform for Users to connect and facilitate the purchase and sale of Products and availing any of the Services as may be provided by us from time to time.

The role of the Platform is limited to providing a platform for matching of bids for purchase and sale of Products. The Platform does not in any manner whatsoever gives any assurances, representations, confirmations, warranties or indemnities in the relation to any of the Products or Services nor gives any assurances or commitments for fulfilment of purchase and sale of the Products between the Users on the Platform.

You acknowledge, agree and confirm that:

• Use / access of the Platform is subject to these Terms of Use, the Privacy Policy and any other policies and conditions that may be notified on the Platform from time to time.

• It is Your responsibility to read and understand all information as well as details regarding Platform before You proceed to avail the Services on the Platform.

• Before availing certain Services on the Platform, You shall be required to fill certain information, which you confirm shall be the correct and accurate. In case You provide any wrong information or data, Your access to Your registered account may be terminated immediately with or without notice to You.

• You understand that you are dealing with other User(s) at your own risk and volition and the entire transaction carried out on the Platform is Your business transaction and You solely assume the entire business risk including but not limited to non-payment, delay in delivery, mis-delivery, wrong delivery, quality issue etc. The Platform is not liable or responsible in any manner whatsoever.

• A steady internet facility is required for proper usage of the Platform and we shall not be responsible or liable for any disruption or error while using the Services.

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents You from accessing the Platform or any part of the Services. We reserve the right, but shall not be obliged to:

• Investigate any violation of the terms and conditions contained herein and may take any action We deem appropriate;

• Prevent or restrict access of any User to the Platform and/or the Services if they are in violation of the Terms of Use and/or any of the policies issued by the Chemaxe from time to time in relation to use of the Platform;

• Report any activity We suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

• Request any additional information or data from You in connection with Your use of the Services and/or access of the Platform at any time, if We have reasonable grounds to suspect that You have provided inaccurate, misleading or fraudulent information and/or data.

In order to avail the Services provided on the Platform, You must be legally competent, within the meaning of the Indian Contract Act, 1872, to enter into binding, legal contracts such as this Terms of Use. By using or otherwise accessing the Platform, You represent and warrant that you are eligible as per applicable law to avail and/or use the Services.

You acknowledge that Chemaxe does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.

You agree to use the Platform only in compliance with these Terms of Use and applicable law, and in a manner that does not violate legal rights of Chemaxe or any third party(ies).

User(s) agree to abide by the Terms of Use and any other rules and regulations imposed by the applicable law from time to time. Chemaxe shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over the Platform. The User(s) shall do its own due diligence before entering into any transaction with other User(s) on the Platform. Chemaxe at its sole discretion reserves the right to refuse the Services to anyone at any time. Chemaxe Services are not available and may not be availed or used by User(s) whose accounts have been temporarily or indefinitely suspended by Chemaxe.

Chemaxe is the sole owner and the lawful licensee of all the rights to the Platform and the contents of the Platform. All information including but not limited to the Platform’s content, URLs, sub-domain names, trade names, logo, images and Services are proprietary information (“Platform Content”) of Chemaxe. Platform Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All right, title, ownership and intellectual property rights in the Platform and the Platform Content shall remain with Chemaxe, its affiliates or lawful licensors of such Platform Content, as the case may be, at all times. No part or parts of the Platform or the Platform Content or the Services shall be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without prior written permission from Chemaxe.

Subject to the terms and conditions of this Terms of Use, We grant the User a personal, limited, non-commercial, non-exclusive, non-transferable, non-sub-licensable, and revocable license to avail the Services on the Platform. The Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chemaxe.

Use of the Platform Content for any purpose not expressly permitted in the Terms of Use or otherwise by Chemaxe in writing is strictly prohibited and entitles Chemaxe to initiate appropriate legal action against the User. The Users agree that as a condition of their access to and use of Services and the Platform, Users shall not use Services or the Platform to infringe the intellectual property rights of any third parties in any way. Chemaxe reserves the right to terminate the right of any User(s) to access or use of the Platform or any part of it and/or termination of any or all of the Chemaxe Services for any infringement of the rights of third parties in conjunction with use of the Chemaxe Services or the Platform, or in the event Chemaxe is of the opinion that User(s)’s conduct is prejudicial to the interests of Chemaxe, its affiliates, or other User(s), or for any other reason, at Chemaxe’s sole discretion, with or without cause, and with or without informing the User(s).

The Platform may contain links to other platforms/ websites owned and operated by third parties or other Users who may or may not be related to Chemaxe (“Third Party Websites”). Links to such Third Party Websites are for the convenience of the User(s) only and the Platform does not have any control over and is not responsible for the content of any Third Party Websites or any hyperlink contained on a Third Party Website and makes no representation or warranty with respect to the content of any such Third Party Websites.

Your interaction with or use of these Third Party Websites will be subject to the terms (including privacy policies) established by such Third Party Websites. Chemaxe is not responsible for any materials, information, goods or services available through or advertised on such Third Party Websites, or the privacy or other practices of the Third Party Websites. The inclusion of any Third Party Websites does not imply endorsement by Chemaxe of those sites or any association with its operators.

Chemaxe only facilitates the sale and purchase of the Products on the Platform using algorithm developed by Us. We do not offer any guarantees or warranties in relation to the Products listed on the Platform and are not liable for any relevant transaction between the Users. Users involved in the purchase and supply of the Products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard.

User(s) shall not sell any illegal or prohibited Products, restricted Products or Products specifically requiring licence unless they are in possession of any licence to sell. Users(s) undertake and agree to indemnify and hold harmless Chemaxe and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which Chemaxe may incur or suffer as a result of or in connection with any illegal sales of Products by the User.

User(s) agree that they will not use the Platform to send junk mail, chain letters or spamming. Further, registered User(s) of the Platform agree that they will not use their account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree not to (i) host, display, upload, modify, publish, transmit, store, update or share on the Platform or (ii) submit / transmit to the Platform, any content, material or information that:

• Impersonates any person or entity or to falsely state or otherwise misrepresent the User(s)’s affiliation with any person or entity;

• Belongs to a third party and to which User(s) does not have any right;

• Is of a scheme to defraud other User(s) of the Platform or for any other unlawful purpose;

• Intends to deceive or mislead the addressee about the origin of such messages or knowingly / intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;

• Violates any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition or false advertising);

• Is defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;

• Is vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• Contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;

• Solicits business from any User(s) in connection with a commercial activity that competes with Chemaxe;

• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

• Contains any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource; or

• Links directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law, or otherwise create any liability for Chemaxe or its affiliates.

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 any other information and content (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances is the Platform 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 Content posted, transmitted, delivered, or otherwise accessible through or made available via the Platform. In case You notice that any Content on the Platform violates any of Your intellectual property rights, You may register Your complaint through email to the Platform. After registering the complaint, the Platform will take appropriate legal actions as it may deem fit in its sole discretion.

You represent, warrant, and agree that no content or details shared by You with Us or posted by You on the Platform (“User 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.

User can post their content on some of the sections of the Platform using the features and tools provided for the same. User agrees that the User is solely responsible for the User Content made available through the Platform including but not limited to any liabilities arising out of any third-party infringement claims. User hereby grants Chemaxe an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all User Content for the purpose of providing Services.

You agree that You are solely responsible for the User Content that You or Your authorized users create, transmit, display, use, store and/or redistribute while using Our Services. You and/or any of Your authorized users are solely responsible and liable for any data created, uploaded or imported by You to the Platform. Chemaxe shall not be responsible or liable for the same in any manner whatsoever, including but not limited to any deletion, correction, damage or loss of the data. You also agree that We have no obligation with respect to any User Content. If We receive notice that any content created by a User while using the Services violates any law or infringes any third-party rights, We shall have the right to immediately suspend the User’s access to the Services without any prior notice and/or delete such User Content from the Platform without any further notice or investigation as to its correctness.

You acknowledge that We may access, use, preserve, or disclose Your account information and/or User Content pursuant to a court order or directions from law enforcement agencies, with or without any prior notice to you. You agree that such disclosure may also be made in other cases where reasonably necessary to (i) comply with legal process or request; (ii) enforce these Terms of Use; (iii) security or technical issues; (iv) detect or prevent fraud; and (v) protect the rights, property or safety of Chemaxe, its Users, or the public as permitted by law.

You hereby acknowledge that when You use the Platform, We may collect certain personal information from You. Such collection of information shall be in accordance with Our Privacy Policy https://chemaxe.com/privacy-policy which is incorporated into this Terms of Use by reference. You acknowledge and agree that Your submission of such information is voluntary on Your part.

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Services provided by Us, are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, satisfactory quality or fitness for a particular purpose. Chemaxe shall not be liable for any third-party product or services. You also acknowledge that Our Platform and its related functions may contain bugs, errors and/or other defects which We do not claim any liability of. Your access to Our Platform and other related links is at Your sole risk.

Without limiting the foregoing, Chemaxe makes no warranty that the Services provided:

(a) will be timely, reliable and error/bug free;

(b) will meet the User’s requirements;

(c) will ensure that all errors are corrected;

(d) will be compatible with all operating systems, smart phones, tablets, laptops, desktops, networks, including all versions of them; and

(e) The results that may be obtained from the use of the Platform will be accurate or reliable.

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:

(a) errors, mistakes, or inaccuracies of content;

(b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;

(c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;

(d) any interruption or cessation of transmission to or from the Platform;

(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or

(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Platform. Platform does not warrant, endorse, guarantee, or assume responsibility for any Services advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other advertising.

Chemaxe makes no representations or warranties of any kind concerning any Product displayed on the Platform. 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 Chemaxe in any manner whatsoever.

In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Us and the provision, which is more favorable to Us, shall prevail.

Use of the Platform and Services is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Platform, these efforts may fail and errors may occur.

To the maximum extent permitted by applicable law, in no event shall Chemaxe or any of its directors, employees, agents or officers shall be liable to any User for any direct, indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to User’s access to or use of the Platform and Services or any materials or content on the Platform or as part of the Services, whether based on warranty, contract, tort (including negligence), statute, or under any other law. To the fullest extent permitted by law, User agrees that the Company will have no liability for any data that may be destroyed, lost or otherwise rendered inaccessible, whether because User failed to backup the data or for any other reason. If you are dissatisfied with any portion of the Platform, or with any of these Terms of Use, Your sole and exclusive remedy is to discontinue using / accessing the Platform.

You hereby agree that You shall indemnify, defend, and hold harmless Chemaxe, including but not limited to its affiliates, agents, directors, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, the following:

(a) any breach, including any unauthorized commercial use of the Services by You;

(b) non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use;

(c) breach of any applicable law by You;

(d) any transactions between Users on the Platform; or

(e) as a result of any claims asserted by third party rights claimants or other third parties relating to Products offered or displayed on the Platform by You.

Further, You agree to hold Chemaxe harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the Platform, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

In no event shall Chemaxe, its officers, directors, employees, agents or suppliers be liable to You, or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform and its Services.

The indemnity in this Clause apply to the maximum extent permitted by applicable law.

This Terms of Use is effective unless and until terminated by Us. We may, in Our sole discretion, immediately terminate, limit or suspend Your account, delete Your registration, other information, and/or prohibit You from using or accessing the Platform without any notice, if You have violated any of the provisions in this Terms of Use.

In the event that You provide any reviews about Chemaxe, its Services or the Platform, You hereby accept and agree to the display/reference of Your reviews through Chemaxe advertisements and public relations activities, as well as the use and display of such reviews on various social media handles of Chemaxe (and/or its affiliates) including but not limited to Facebook, Twitter, LinkedIn and Instagram, as well as the Platform, without any compensation to You, in perpetuity.

Chemaxe shall have the perpetual right to utilize, reuse, repost or repurpose the reviews in any manner, as it may require from time to time. In the event that You would like to rescind Your consent for such usage of Your review, we request You to kindly contact us at support@jaytechnochem.com .

Any complaints regarding Products will be resolved between the Users. If any complaint is regarding the Platform or the Services provided by Platform, then You shall email to the email ID provided below in order to register your complaint and we shall endeavour to resolve the same at the earliest. 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 ID mentioned below and we shall endeavour to resolve the issue at the earliest.

Further, if You have a grievance regarding our Terms of Use, You may reach out to our Grievance Redressal Officer at the details below:

Grievance Redressal Officer: Gaganjyot Singh

Email: support@jaytechnochem.com .

All notices or demands to or upon Chemaxe shall be effective only if the same is made in writing and shall be deemed to be duly made when sent to Chemaxe on support@jaytechnochem.com .

Governing Law and Jurisdiction: This Terms of Use is governed by the laws of India. Any claim or dispute arising as a result of this Terms of Use or relating to Chemaxe or the Platform or any of the Services shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.

Headings: Headings used in this Terms of Use are for reference purposes only and in no way define or limit the scope of the Clauses.

Force Majeure:Chemaxe provides the services on the Platform on best effort basis and notwithstanding anything contained herein, under no circumstances whatsoever shall Chemaxe be held liable for any harm, loss, damage or injury caused to any person or for any delay or failure or disruption of the content or services delivered through the Platform which in any way arises out of the causes beyond its control including but not limited to act of god, riots, floods, fire, war, act of violence, natural calamities, epidemic, pandemic or other similar occurrence, telecom network or system errors/ failures, governmental actions, orders of courts or tribunals or regulatory bodies, accident/ neglect/ misuse/ fraud by User or its employees, agents, directors, officers, etc or non-performance by third parties. Without prejudice and notwithstanding anything contained hereinabove, any failure on the part of Chemaxe/ Platform out of causes beyond its control shall not in any way reduce, alter, limit or affect the liability of a User in respect of any transaction entered into or executed through the Platform by such User.

Waiver:The failure of Chemaxe to act with respect to a breach of this Terms of Use by the User or others does not constitute a waiver and will not limit Chemaxe’s rights with respect to such breach or any subsequent breaches.

Assignment:This Terms of Use and any rights and licenses granted hereunder, cannot be transferred or assigned by the User. Chemaxe may assign, in whole or in part, the benefits or obligations of this Terms of Use. Chemaxe will provide an intimation of such assignment to the User, which will be binding on the User.

Severability:If any provision of this Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.

Survival:The obligations under the provisions of Clauses – Disclaimer of Warranties and Liabilities, Limitation of Liability, Indemnity, Intellectual Property Rights, Termination, Notices and Miscellaneous will survive any expiration or termination of this Terms of Use.