Membership EligibilityCertain parts of this Website are available only if You register on this Website by following the registration process mentioned under this User Agreement. Without prejudice to the foregoing, You confirm that You are registering as a business entity and are duly authorized by the business entity to accept and bind Your business entity to this User Agreement. It is clarified that Users cannot purchase Products on this Website for personal consumption.
Account and Registration ObligationsUsers of this Website may view the Products and related information by registering with a login ID and unique password ("General User"). Registration on this Website is free for all Users, You acknowledge and confirm that You are solely responsible for the maintenance of confidentiality of Your User Account, including the operation of any activity which takes place there-under. Certain parts on this Website including without limitation access to overdue bills, outstanding position, and related services are offered only to Users with a User Account who have submitted Customer Master Form details and which have been confirmed by Us. (Registered Customer "RC") The RC information includes personal information regarding Your company including without limitation details about bank information, contact information, Excise / VAT / CST Registration numbers and such other information as required by Us. By submitting Your Information, You hereby expressly consent to Us using Your Information. It is clarified that Your right to be a RC is subject to Our confirmation. We shall under no circumstances be liable for the authenticity of Your Information submitted to Us as a RC. We will take reasonable measures to ensure that Your Information remains confidential, secure and is used only for the purposes of verification. " Your Information" is defined as any information You provide Us for verification and registration under this Website or through any e-mail feature. " User Account" is defined as the customer ID and unique password created by You on this Website. "Registered Customer Account" is defined as the customer ID and unique password provided by us on submission of the Customer Master Form. You understand and agree to provide true, accurate, current and complete information about Yourself / Your business entity under the CMF process, the General User Registration on the application / website or when prompted by the website. In the event there are any changes to Your Information, You agree to immediately intimate Us of such change in writing at email@example.com If You provide any information that is untrue, inaccurate, incomplete or not current or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, We have the right to reject the order and/or suspend or terminate Your User Account. Also we reserve our right to regulate usage in the interest of our business, employees and our associates. Upon being successfully registered as a General User or a Registered Customer, You consent to receiving periodic newsletters from Rubamin or its associates on the e-mail address provided by You.
TerritoryUnless otherwise specified, the price quote, price locking and purchase of Products is strictly restricted to the territory of India.
Purchase of ProductsThe Products cannot be purchased by You on this Website. You can only lock the price and quantity which is valid for a specified period. The purchase can be done only by sending a complete and valid Purchase Order indicating quantity, price and other commercial terms as per the Price Locking Advice provided by Rubamin and your agreement to Terms of Usage, Terms of Price Locking and Terms & Conditions of Sale provided to you by Rubamin on the website and part of this User Agreement. The purchase order becomes binding when it is accepted and acknowledged by Rubamin through the website or email in this regard. Terms and Conditions of Sale include detailed terms and conditions pertaining to your purchase, payment, cancellation, refund, replacement and delivery of the Products. We recommend that You read the Terms & Conditions of Sale thoroughly before making any purchase.
Fraudulent use of WebsiteAny fraudulent use of this Website or applicable payment method to purchase the Products, which causes any monetary loss to Rubamin as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, Rubamin reserves the right to initiate legal proceedings against You for the fraudulent use of this Website or for any other unlawful act or omission in breach of this User Agreement.
Deliberate Incorrect, faulty, damaging or disturbing informationThe user agrees that all information provided on the website is accurate, complete and authentic for gaining access and use of our facility provided on the website and application. Any information which is incorrect, fraudulent or provided to disguise the real user will be considered inappropriate and will be deemed to cause damage to Rubamin as it corrupts the database. Rubamin reserves its right to block such users and initiate legal proceedings for damages suffered on account of such incorrect information supplied on our website / application and the User agrees to indemnify and keep Rubamin indemnified of such losses arising from its action.
Pricing and Availability of ProductsRubamin reserves the right, at its discretion, to change the prices and availability of the Products from time to time details of which will be effective from the time of its posting on the Website. We have taken due care to ensure accurate Products and pricing information on this Website. In the event there is any error in the pricing of the Products or typographical error on the availability and Products information, We shall have the right, at Our discretion, to either contact You for instructions or cancel Your order and notify You of such cancellation on the e-mail address provided by You.
Electronic CommunicationsWhen You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID.
You agree and confirm:
Use of WebsiteYou shall not use or assist any other person to use this Website for the following purposes:
Objectionable MaterialYou agree to use this Website and enter into a transaction to purchase the Products at Your sole risk and that to the fullest extent permitted under applicable law, You agree to waive, any legal or equitable rights or remedies You may have against Rubamin in relation to the Website and the Content that may be deemed inaccurate, offensive, indecent, or objectionable to You.
Governing Law and JurisdictionThis User Agreement shall be construed in accordance with the applicable laws of India and the courts at Vadodara shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder, subject to the dispute resolution mechanism in the succeeding paragraph.
Reviews, Feedback, SubmissionsAll reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Rubamin on or through this Website, any blog, Facebook, Twitter or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of this Website or purchase of the Products (collectively, the "Comments") shall be and remain the property of Rubamin. Such disclosure, submission or offer of any Comments shall constitute an assignment to Rubamin of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, Rubamin owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Rubamin shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. Rubamin is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; and/or (3) to respond to any Comments. You agree that any Comments submitted by You to this Website, any blog, Facebook, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including Rubamin. You further agree that no Comments submitted by You to this Website shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Rubamin may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Rubamin the right to use the name that You submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments you make and You agree to indemnify Rubamin for and against all claims resulting from any Comments You submit. Rubamin takes no responsibility and assume no liability for any Comments submitted by You or any third party.
Copyright & Trademark
You agree and confirm that:
IndemnityBy accessing this Website, You agree to defend, indemnify and hold harmless, Rubamin, its employees, directors, officers, agents and successors-in-interest and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result (i) in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to any wrong information provided by You while collecting the Products; or (ii) in relation to the non-fulfillment of any of Your obligations under the User Agreement; or (iii) arising out of Your violation of any applicable laws, regulations including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss; or (iv) in relation to Your fraudulent use of the payment method on this Website. This clause shall survive the expiry or termination of the User Agreement.
Suspension and TerminationWithout prejudice to any other right, We have the right, at Our sole discretion, to terminate Your registration or restrict, suspend or block Your access to certain parts of the Website, if there is a breach of the terms of the User Agreement or if there are reasonable grounds to believe that You have breached any of the terms under the User Agreement. You understand that consequent to termination, You will not be allowed to access the Website, unless otherwise agreed or permitted in writing by Us.
Limitation of Liability and DisclaimersThe Website, Product and Content are provided by Us on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title and non-infringement. Without limiting the foregoing, We make no warranty that (i) the Website, Content or the Product will meet Your requirements or Your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or Content will be effective, accurate or reliable; (iii) the quality of the Website or Content will meet Your expectations; or that (iv) any errors or defects in the Website or Content will be corrected. No advice or information, whether oral or written, obtained by You from this Website or any e-mail feature shall create any warranty not expressly stated in the User Agreement. Further, We shall not be liable for any typographical error in the Product description, price or availability or for any technical error which You may experience on this Website or for any reason beyond Our control. The User understands and agrees that any Content or data downloaded or otherwise obtained through the Website 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 Content or data. We shall not be liable in any form or manner whatsoever for infringement of any intellectual property rights of the Content on the Website. To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, consequential or exemplary damages, (including without limitation, lost revenues, profits, savings or business, or contribution), whether in an action based on contract, warranty, strict liability, tort (including without limitation, negligence) or otherwise, arising out of or in connection with this Website, or the User Agreement, even if We have been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by Us.. Without prejudice to the generality of the foregoing, You agree that the aggregate liability of Rubamin to You for all liabilities arising out of this User Agreement and use of the Website, whether in tort or contract is limited to the total amount paid by You to Us for the Product in relation to which the dispute arises.
Force MajeureWe shall not be held liable for any of its obligations under the User Agreement due to reasons beyond its control such as down time of servers, viruses, strikes, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
Changes to the User AgreementWe may at any time modify and/or amend the terms of this User Agreement without any prior notification to You. In the event of any such modification of or amendment to the User Agreement, the latest revised version of the User Agreement shall be posted on the Website and shall become effective from the time of posting. You must regularly review this User Agreement and in the event the modified or amended terms and conditions of the User Agreement are not acceptable to You, You should discontinue using the Service and any other services offered on and/or through this Website. Your continued use of Website will constitute Your acceptance of the latest revised User Agreement.
Dispute Resolution MechanismIn the event the Parties are unable to resolve any dispute, such dispute shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other. Such arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 and shall be held at Vadodara. All proceedings of such arbitration shall be in the English language. The arbitration shall be conducted by a sole arbitrator to be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. If the Parties are unable to mutually agree upon the sole arbitrator within 30 (Thirty) days from the date a party raised a dispute, the arbitration panel shall consist of 03 (Three) arbitrators, with the Us and You entitled to appoint one arbitrator each and the two arbitrator’s so appointed shall appoint the third arbitrator.
Contact UsIn the event You wish to contact Us for any reason related to the use of the Website, Products or User Agreement, please contact Us at firstname.lastname@example.org.
Collection of information
Use of User InformationUser Information provided by You is used by Us only to provide information that You request which shall include the following:
Sharing of User Information
Links to other third party sites