We, KLJ, having our corporate office at 8A, KLJ House, Shivaji Marg, Najafgarh road, referred through its brand name “Sumairo” provide an online Platform (“Platform”) for buyers and sellers to connect to buy, and sell in certain chemicals and avail the other services included value added services provided on the platform. This Platform is owned and operated by KLJ.
References to "You", "Users", shall mean the Users including buyer, sellers, other entities including brokers, persons who may not register or avails services provided for accessing and using the Platform.
We welcome the user to register as a BUYER OR SELLER on the platform and/or mobile application, are entitled to use and enjoy the service offered at the platform after registration as per Terms of Use. The policy of use governs the access to and use of the platform and/or mobile application. User is expected to read and understand all the terms carefully before registering. In case of any questions, User is free to consult the Platform administrative section of the grievance officer.
Registering in Sumairo indicates that you accept the terms and conditions set forth below.
These Terms of Use provides principle of your use of the Platform, all applications, software and services (collectively termed as "Services") available at the Platform and/or mobile application. Certain additional Value Added Services shall be provided by the Platform on subscription basis in future. Terms of use apply to the use of certain Services and other items provided to User at the Platform and/or Mobile application.
For the purpose of these Terms of Use, wherever the context so requires:
By accessing or using this Platform, User agree to be bound by these Terms of Use and other applicable policies, such as the Privacy Policy and other policies (“Agreements”). In the event that there are any conflicts between (a) the Privacy Policy and any other Agreements (other than these Terms of Use), the Privacy Policy shall take precedence to the extent of the conflict: (b) these Terms of Use and any other notices, disclaimers or guidelines appearing on the Platform, these Terms of Use shall take precedence to the extent of the conflict. These Terms of Use together with the Privacy Policy, and the other Agreements, together with all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the entire agreement upon which You are allowed to access and use the Platform to purchase and sell Products online and avail the Services.
On the condition that User comply with these Terms of Use and the Agreements, we grant the User a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform. Sumairo further grants User a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Platform or its contents: any collection and use of any product listings or prices: any downloading or copying of account information for the benefit of another person:
User can access and use the Platform only if he individually above 18 years of age or any entity legally competent and capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. Sumairo reserves the right to terminate registration and / or refuse to provide access to the Platform if it notices or discovers that User is a minor, insolvent or in any manner barred from entering into a contract.
User when uses the Platform or Mobile application, hereby agrees that it is communicating with us through electronic records and User consents to receive communications via electronic records or otherwise from us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. Sumairo may communicate with User by email or by such other mode of communication, electronic or otherwise.
Sumairo undertakes reasonable efforts to ensure availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the services on offer, this is not a guarantee as the platform or mobile application may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgrades or services at any time without prior notice.
User has the right to have its own account as a buyer or seller and a right to use his own account and have its own password too on the Sumairo. User also has the right to buy or sell of avail any of the services provided on Sumairo.
User on registration is deemed to understand, agree and acknowledge that the information provided by User shall always be accurate, correct and complete. User shall be responsible for maintaining the confidentiality of User account and password. User is obliged to provide correct information when registering and make sure that your basic information is valid and correct, such as
User agrees to accept responsibility for all activities that occur under User account. User will not be allowed to use other people’s information to register or should not transfer his account rights or password to any other person. User must not set up an account on behalf of another individual or entity unless authorized to do so. User shall provide any additional information as required by the Platform from time-to-time. In case USER finds that his account has been hacked or used by any other person, the platform needs to be informed for necessary action.
User can inform any change in profile information and any other details that User have shared with the Platform and shall promptly update the email address listed in connection with the account to keep it accurate for any contact by Sumairo platform. User agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed. Any order or transaction confirmed by User on Sumairo has contract sanction and User has to perform the same unless approved by Sumairo platform.
User represents, warrants, and agree that no content or details shared by User with Platform 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 grant the platform a personal, limited, revocable, non-transferable and non-exclusive right to use the content and details submitted for providing the listing,
Sumairo reserve the right to screen, refuse to post, remove or edit User content at any time and for any or no reason in our absolute and sole discretion without prior notice, although Sumairo have no duty to do so or to monitor any public forum. Sumairo also reserves the right to refuse registration or delete accounts at our sole discretion.
Sumairo at any time, for any reason, without assigning such reason, without notice, make changes to the platform, including its look, feel, format, and content; the services provided through the website and the mobile application; Any such modifications/amendments as provided for in clause above will take effect from the time they are posted on the website and/or the mobile application. By your continued usage of the website and/or the mobile application upon such changes being posted, to have accepted such changes.
The platform, software, services and the mobile application contain material which is protected by copyright and intellectual property rights of KLJ and/or its various third-party providers. KLJ reserves all rights and contents on the platform and/or the mobile application not specifically provided for in Terms of Service. Users who use the software on platform and/or mobile application is governed by the terms of use and also of the end user license agreement. For any software not accompanied by a License Agreement, KLJ hereby grants to the User, a personal, non-exclusive, non-transferable, revocable license to use the Software for viewing and otherwise using the platform and/or the mobile application. Such license may be terminated and revoked by KLJ at any time for any reason. Any reproduction or redistribution of the platform software by any User is expressly prohibited by law and may result in severe civil and criminal penalties.
“Sumairo”, “Sumairo”, and other Sumairo services, logos, taglines are the intellectual property of KLJ. Except as specifically permitted herein, these shall not be used by the user or any other person without the prior written permission from KLJ. All other trademarks not owned by KLJ that appear on the platform and/or the mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KLJ. You may use and display any portion of the content available on the platform and the mobile application including without limitation text, graphics, software, audio/video files and photos only on User personal computer, mobile phone, tablet or other similar personal device and only for personal use. User may print copies of the content and store the content on your personal computer, mobile phone, tablet or other similar personal device for personal use. User shall not remove any:
User do not acquire any ownership rights to any content and any unauthorized use or transfer of the content shall terminate the permission or license granted by KLJ herein and agrees to abide by all additional restrictions in relation to the content displayed on the platform and/or mobile application, as updated from time to time. Notwithstanding the above, KLJ does not represent or guarantee that it has any right (including intellectual property rights) on the content including the right to allow use thereof by the users.
In addition to other restrictions set forth in these Terms of Use, User agree that:
Please note that in accordance with the Information Technology Act, 2000, and all amendment to date, and its applicable rules thereunder, in case of non-compliance with applicable law, these Terms of Use and/or the Privacy Policy in relation to the access or usage of our platform and/or mobile application, platform has the right to immediately terminate the access or usage rights of any user of our Platform and/or mobile application and remove any non-compliant information. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of this Platform. Without limiting the generality and effect of the foregoing, User undertakes that User shall not host, display, upload, modify, publish, transmit or share any information on the platform or mobile application that belongs to another person and information or data on which the User does not have any rights; or the content is grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates an information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource:
In order to enable KLJ to use Users Information, so that there is no violation of any User rights provided as User Information, User agree to grant Sumairo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the same information. Without prejudice to Sumairo rights as aforesaid, to the extent required or permitted by applicable law, Sumairo may also collect, use and disclose your information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. User shall solely be responsible for any loss that may be incurred by any person as a consequence of the use of/ reliance on User Information and User agree and undertake to indemnify and hold harmless, KLJ/Platform, its employees, officers, affiliates, partners and group companies from all such losses. “Loss” for the purposes of these Terms of Use means each loss, damage, fine, penalty, cost, expense or other liability (including legal and other professional fees) and Losses shall be interpreted accordingly.
User may get access to message boards, live chat bot rooms, emails, and other feature ("Ancillary Services") that are offered from time to time on the Platform and/or mobile application. Sumairo Platform shall not be responsible for any copyright infringement for the blogs written/testimonials on the Platform. User shall not use these Ancillary Services to perform any illegal activities including without limitation legal rights, such as rights of privacy of others or immoral activities, falsely stating or otherwise misrepresenting User affiliation with a person or entity. The Platform reserve the right to remove any live chats, comments or information provided by User if the Platform considers this inappropriate.
The platform and/or mobile application may be linked to other websites of the World that are not under the control of or maintained by Sumairo. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. KLJ/Sumairo has no responsibility or liability for and makes no representations whatsoever about any other website that User may have access to through our Platform and/or mobile application. These linked sites are only for convenience, and therefore are being accessed b User at your own risk. KLJ shall not be liable for any loss associated with your use of such other websites or links. KLJ seeks to protect the integrity of its Platform and mobile application and the links placed upon it and therefore requests any feedback on not only its own Platform and mobile application but also third-party links. KLJ reserves the right, at its sole discretion, to terminate any link or linking program at any time and for any reason it deems appropriate. Any website or other devices that link to Sumairo or any page available therein is prohibited from:
User use of the Platform and the mobile application is at your own risk. Everything on the Platform and the mobile application including the access to listing of and information about any Suppliers are provided to you on an "as is where is" basis subject to reasonable diligence, and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the results and performance obtained from using the content is assumed by User.
The Suppliers and other suppliers providing services listed on the Platform or the mobile application are third parties obtaining services from KLJ as an independent contractor and not agents or employees of KLJ. KLJ is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, damage, or other damages or expenses resulting therefrom.
KLJ makes no representations about the suitability of the information, software, products and services contained on the Platform and mobile application for any purpose, and the inclusion or offering for sale of any products or services on the Platform and mobile application does not constitute any endorsement or recommendation of such products or services by KLJ. All such information, software, products, and services are provided on an "as is where is" basis without warranty of any kind. KLJ disclaims all warranties, conditions and liability with regard to this information (including, without limitation, photographs, a list of amenities and descriptions of Suppliers), software, products, and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision.
To the extent permitted by applicable law and to the extent that KLJ is otherwise found to be responsible for any damages, KLJ shall be responsible for actual damages only. To the extent permitted by law, in no event shall KLJ, its affiliates, licensors, suppliers or any third parties mentioned at the Platform and/or Mobile application be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the KLJ systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not KLJ is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.
You agree to indemnify, defend and hold harmless KLJ, its employees, attorneys and agents, from and against any and all Losses asserted against or incurred by KLJ that arise out of, result from, or may be payable because of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use, TOS and Additional Agreements or any other liabilities arising out of your subscription to or use of the Website and/or the Mobile application.
Subject to the provisions of this Clause, these Terms of Use shall remain in full force and effect while you use any Service in any form or capacity. KLJ may suspend or terminate your use of the Platform and/or the Mobile application at any time in its sole and absolute discretion without serving any notice. Without prejudice to KLJ’s rights under these Terms of Use to suspend or terminate your use of the Platform and/or the Mobile application without any reason or for other reasons specified elsewhere in these Terms of Use, KLJ may suspend terminate your use of the Platform and/or the Mobile application without any notice if it believes, in its sole and absolute discretion that:
KLJ reserves the right to recover any amounts due and owing by the User to KLJ and/or any Supplier and take any legal action for recovery thereof as it deems necessary. Upon suspension or termination of your use of the Platform and/or Mobile application, User shall have no right and we shall have no obligation thereafter to execute any of your incomplete tasks or forward any unread or unsent messages to you or any third party. Once the User's registration or the Services are suspended or terminated, any data that you may have stored on the Platform and/or Mobile application may not be retrieved later. In such an event, User shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such suspension or termination. Once the User has been indefinitely suspended or terminated, the User may not register on the Platform and/or Mobile application or use the Platform and/or Mobile application in any manner whatsoever unless specifically permitted KLJ.
KLJ makes no representations about the results to be obtained from using the Platform and/or Mobile application, the KLJ systems, the services, the information or the content. The use of same is at your own risk. The Platform, the KLJ systems, the information, the services and the content are provided on an "as is" basis. KLJ, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non- infringement of third-party rights, and fitness for a particular purpose. KLJ and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the platform or the KLJ systems. No information obtained by you from the website shall create any warranty not expressly stated by KLJ in these terms of use.
To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Delhi, India will have jurisdiction.
In case of any dispute during or after the transaction, USER shall follow the following process
If User is not satisfied with the service offered by platform during the transaction on CYSTAL you can contact us for further resolution process
User may not assign these Terms of Use or any of Users interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. User may preserve these Terms of Use in written form by printing them for User records, and User waive any other requirement for these Terms of Use to be proved by means of a written document.
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.
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.
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 provisions.
User agree that no joint venture, employment, or agency relationship exists between User and the Platform as a result of these Terms of Use or from User use of the Platform or listing.
These Terms of Use and Privacy Policy constitute the entire agreement between User and the Platform relating to this subject matter and supersede any and all prior communications and/or agreements between User and the Platform relating to this subject matter.
