Term of Service & Conditions
Please read these Terms of
Service / Terms and Conditions carefully as they contain important information
about your legal rights, remedies and obligations.
GENERAL
This document is an
electronic record in terms of Information Technology Act, 2000 and rules
thereunder as applicable, and the amended provisions pertaining to electronic
records in various statutes, as amended by the Information Technology Act,
2000.
This electronic record is
generated by a computer system and does not require any physical or digital
signatures. 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 or usage of the Website ‘marketsaltz’ (hereinafter referred to as
the “Website”)
which is owned and operated by Saltz India Pharma Laboratories (OPC) Private
Limited (hereinafter referred to as the“Company” ), having its
corporate office at Plot No – 396, Ground Floor, Sri Srinivasapuram Colony,
Vanasthalipuram, Hyderabad, Telangana, India - 500070; where such expression
shall, unless repugnant to the context thereof, be deemed to include its
respective representatives, administrators, employees, directors, officers,
agents and their successors and assigns.
For the purpose of these
Terms of Service or Use ( “Terms” ), wherever the
context so requires,
The term ‘You’ or ‘User’ or ‘Member’ shall
mean any legal person or entity from an authorised business or a university
authorised to access or use the services provided on this Website, who is
competent to enter into binding contracts, as per the provisions of the Indian
Contract Act, 1872. Users are of two types:
‘Academic
Institute’ where the User is from a licensed
university / College and is authorised to buy chemicals from the Website; and
‘Business’ where the User is from a licensed business who is looking to buy
or sell chemicals from the Website.
Academic Institutions and
Business users are collectively referred to as ‘User(s)’ henceforth.
The terms ‘We’, ‘Us’, ‘Our’ shall
mean the Website and/or the Company, as the context so requires.
The term ‘Services’ shall
mean the business of providing a portal for selling and buying of chemicals
between Users.
The terms ‘Party’ and ‘Parties’ shall
respectively be used to refer to the User and the Company individually and
collectively, as the context so requires.
By accessing or using the
marketsaltz.com Platform, you agree to comply with and be bound by these Terms
of Service / Terms and Conditions. Once you have registered on our platform
(opened a marketsaltz account) you have explicitly agreed to these Terms of
Service. Once you have sent an order or sent an order confirmation via our
platform you have also explicitly agreed to these Terms of Service.
These Terms of Service / Terms
and Conditions has been updated on 28th April, 2023.
These Terms of Service / Terms
and Conditions (“Terms”) constitute a legally binding agreement (“Agreement”)
between you and Saltz India Pharma Laboratories (OPC) Private Limited (as
defined below) governing your access to and use of the marketsaltz website (marketsaltz.com),
including any sub-domains thereof, and any other websites through which
marketsaltz makes the Saltz India Pharma Laboratories (OPC) Private Limited
Services available (collectively, “Site”), our mobile, tablet and other smart
device applications, and application program interfaces (collectively,
“Application”) and all associated services (collectively, “marketsaltz Services”).
The Site, Applications and marketsaltz Services together are hereinafter collectively
referred to as the “marketsaltz Platform”.
Where ever you reside in the
world you are contracting with Saltz India Pharma Laboratories (OPC) Private
Limited (hereinafter referred to as “marketsaltz”).
Our collection and use of
personal information in connection with your access to and use of the marketsaltz
Platform is described in our Privacy Policy.
marketsaltz provides secure
payments services to you, including payment collection services, payments and
pay-outs, in connection with and through the marketsaltz Platform
(“marketsaltz Secure Payment
Service or PSP Service”).
In order to make sure that
every payment and pay-out is secure and dedicated only to pay for related
orders given, the PSP Services is provided to you through separate bank
accounts in various currencies.
Saltz India Pharma Laboratories
(OPC) Private Limited is a company registered in India under the Indian
Companies Act 2013, whose registered office is located at Plot No.396, Ground
Floor, Sri Srinivasapuram Colony, Vanasthalipuram, Hyderabad, Telangana –
500070, India (“marketsaltz.com”).
Clause 1. marketsaltz (Saltz
India Pharma Laboratories (OPC) Private Limited)Services
Clause 1.1
The marketsaltz Platform is an
online B2B e-commerce marketplace that brings together the global availability
of chemicals, lab equipments and instruments, pharmaceutical raw materials in
an extensive database.
Producers and Traders, either
represented by legal entities or single person companies, of raw materials
(“Supplier(s)”) can amongst others, after opening a marketsaltz account
(“marketsaltz Account”), upload their product portfolio and update the product
pricing and required quality documents as and when required as guided by
marketsaltz.
Anyone who is interested to buy
these products, either represented by legal entities or single person companies,
(“Buyer(s)”) can search the extensive database to shop and buy, after opening a
marketsaltz Account. Chemical Buyers can get the COA along with the product package
after placing confirmed order and payment done on marketsaltz platform.
Clause 1.2
After explicit confirmation of
the order by the Supplier to marketsaltz within 24 Hrs after Buyer placing confirmed order, the order
becomes final only while assuming both Buyer and Supplier is accepted. By doing
so, both Buyer and Supplier agree that they have entered into a contract
directly with each other. marketsaltz (Saltz India Pharma Laboratories (OPC)
Private Limited) is not and does not become a party to this contract. Nor is marketsaltz
a participant in any contractual relationship between Buyers and Suppliers, nor
is marketsaltz acting as an Agent in any capacity for any Buyer and/or
Supplier.
Marketsaltz (Saltz India Pharma
Laboratories (OPC) Private Limited) is only involved in operating the marketsaltz
Platform and the financial clearance that is provided by the PSP Service of the
transaction between Buyer and Supplier.
Clause 1.3
Buyers and Suppliers and any
other visitors of the website marketsaltz.com hereinafter together also refer
to as “User(s)”.
Clause 1.4
marketsaltz emphasis on the
difference in quality of raw materials and offers this information in a clear
and easy-to-use portal where Buyers and Suppliers are able to communicate with
each other without revealing the identity. Marketsaltz.com is for information
purposes only and wants to simplify and accelerate the process of purchasing chemicals,
pharmaceutical raw materials and pharma lab equipment by offering this digital
platform to the Users, supported by a comprehensive database. As a provider of
the marketsaltz Platform, marketsaltz (Saltz India Pharma Laboratories (OPC)
Private Limited) does not own, create, sell, resell, provide, control, manage,
offer, deliver, or supply any product or quality documents from the Suppliers
product portfolio. Only Suppliers are fully responsible for their listed
product portfolio and quality documents. marketsaltz (Saltz India Pharma
Laboratories (OPC) Private Limited)has no control over and does not guarantee
the existence, quality, safety, suitability, or legality of any product of the
product portfolio and or document of the quality documents of Suppliers and or
information listed by Suppliers and or Buyers. marketsaltz does not endorse any
Buyer or Supplier. Any references to, a Buyer and or a Supplier only indicates
that the Buyer and or Supplier has completed a relevant verification and
identification process and nothing else. Any such description is not an
endorsement, certification or guarantee by marketsaltz about any Buyer and or
Supplier including the Buyer and or Supplier identity or background or whether
the Buyer and or Supplier is trustworthy, safe or suitable. Buyer or Supplier
should always exercise due diligence and care when deciding whether to enter
into buy transaction or any contract with a Buyer or Supplier.
Clause 1.5
When you choose to use the
marketsaltz Platform your relationship with marketsaltz is limited to being an
independent, third-party facilitator, and not an employee, agent, joint venture
or partner of marketsaltz for any reason, and you act exclusively on your own
behalf and for your own benefit, and not on behalf, or for the benefit of marketsaltz.
Clause 1.6
The marketsaltz Platform may
contain links to third-party websites or resources (“Third-Party Services”).
Such Third-Party Services may be subject to different terms and conditions and
privacy practices. marketsaltz is not responsible or liable for the
availability or accuracy of such Third-Party Services, or the content,
products, or services available from such Third-Party Services. Links to such
Third-Party Services are not an endorsement by marketsaltz of such Third-Party
Services.
Clause 1.7
Due to the nature of the
Internet, marketsaltz cannot guarantee the continuous and uninterrupted availability
and accessibility of the marketsaltz Platform. marketsaltz may restrict the
availability of the marketsaltz Platform or certain areas or features thereof,
if this is necessary in view of capacity limits, the security or integrity of
our servers, or to carry out maintenance measures that ensure the proper or
improved functioning of the marketsaltz Platform. marketsaltz may improve,
enhance and modify the marketsaltz Platform and introduce new marketsaltz
Services from time to time.
Clause 1.8
We do NOT provide any medical
advice
The contents of our website,
such as text, graphics, images, information that you obtain from our website is
for informational purposes only and is not intended to be a substitute for
professional medical advice, diagnosis, or treatment. Never disregard
professional medical advice or delay seeking such advice in time of need
because of something you have read on / from our website.
marketsaltz does not recommend
or endorse any specific tests, physicians, products, procedures, opinions, or
other information that may be mentioned on our website.
Reliance on any information
provided by either marketsaltz or its employees / agents or its suppliers / distributors
and other visitors to the website is solely at your own risk.
Clause 1.9: Privacy and
Copyright Protection
marketsaltz privacy policy
explains how we treat your personal data and protect your privacy when you use
our Services. By using our Services, you agree that marketsaltz can use such
data in accordance with our privacy policies.
We make our best efforts to
prevent any kind of infringement of copyright, trademark and other intellectual
property right materials. However, in case of any inadvertent error,
misrepresentation etc we urge you to inform us using the “feedback” link
located on our website. We will respond to you immediately and rectify the
error, mispresentation etc, if any, after investigation, at the earliest.
Kindly note, we respond to
notices of alleged copyright infringement and terminate accounts of repeat
infringers according to the provisions set out in the Indian Copyright Act,
1957.
Clause 1.9.1: Liability for our
Services
When permitted by law, marketsaltz,
and marketsaltz suppliers and buyers / distributors, will not be responsible
for lost profits, revenues, or data, financial losses or indirect, special,
consequential, exemplary, or punitive damages.
To the extent permitted by law,
the total liability of marketsaltz, and its suppliers and buyers /
distributors, for any claims under these terms, including for any implied
warranties, is limited to the amount you paid us to use the Services (or, if we
choose, to supplying you the Services again).
In all cases, marketsaltz, and
its suppliers and buyers / distributors, will not be liable for any loss or
damage that is not reasonably foreseeable.
We recognize that in some
countries, you might have legal rights as a consumer. If you are using the
Services for a personal purpose, then nothing in these terms or any additional
terms limits any consumer legal rights which may not be waived by contract.
Clause 1.9.2: Business uses of
our Services
If you are using our Services
on behalf of a business, that business accepts these terms. It will hold
harmless and indemnify marketsaltz and its affiliates, officers, agents, and
employees from any claim, suit or action arising from or related to the use of
the Services or violation of these terms, including any liability or expense
arising from claims, losses, damages, suits, judgments, litigation costs and
attorneys’ fees.
Clause 2. Usage of the marketsaltz
Platform
Clause 2.1
The website marketsaltz.com is
a commercial website (e-commerce) and as such, is not intended for children or
minors. You must be at least 18 years old and above and able to enter into
legally binding contracts to access and use the marketsaltz Platform or
register a marketsaltz Account.
By opening a marketsaltz Account
and accessing or using the marketsaltz Platform you represent and warrant that
you are 18 years or older and have the legal capacity and authority to enter
into a contract an behalf of the Buyer or Supplier.
Except from this you declare
that you are an employee of the company that you register.
Clause 2.2
You also declare that you and
the company you represent complies with any applicable export and import
control laws in your local jurisdiction of your country. You also represent and
warrant that (i) neither you nor your Buyer and or Supplier services are
located or take place in a country that is subject to a US Government embargo,
or that has been designated by the India or US Government or United Nations (UN)
as a “terrorist supporting” country, and (ii) you are not listed on any Indian
or US Government or United Nations (UN) list of prohibited or restricted
parties.
Clause 2.3
marketsaltz may make the access
to and use of the marketsaltz Platform, or certain areas or features of the
marketsaltz Platform, subject to certain conditions or requirements, such as
completing a verification process, meeting specific quality or eligibility
criteria, meeting Ratings or Reviews thresholds, or ordering and cancellation
history.
Clause 2.4
User verification on the
Internet is difficult and we do not assume any responsibility for the
confirmation of any Buyer and or Supplier identity. Notwithstanding the above,
for transparency and fraud prevention purposes, and as permitted by applicable
laws, we may, but have no obligation to (i) ask Buyer or Suppliers to provide a
form of government identification or other information or undertake additional
checks designed to help verify the identities or backgrounds of Buyers or
Suppliers, (ii) screen Buyers or Suppliers against third party databases or
other sources and request reports from service providers, and (iii) where we
have sufficient information to identify a Buyer or Supplier, obtain reports
from public records of criminal convictions or sex offender registrations or an
equivalent version of background or registered sex offender checks in your
local jurisdiction (if available).
Clause 2.5
The access to or use of certain
areas and features of the marketsaltz Platform may be subject to separate
policies, standards or guidelines, or may require that you accept additional
terms and conditions. If there is a conflict between these Terms of Service and
additional terms and conditions applicable to a specific area or feature of the
marketsaltz Platform, the latter additional terms and conditions will take
precedence with respect to your access to or use of that area or feature,
unless specified otherwise.
Clause 3 Modifications of these
Terms
Clause 3.1
marketsaltz reserves the right
to modify these Terms at any time in accordance with this provision. If we make
changes to these Terms, we will post the revised Terms on the marketsaltz
Platform and update the “Last Updated” date at the top of these Terms. We will
also provide you with notice of the modifications by email at least thirty (30)
days before the date they become effective. If you disagree with the revised
Terms, you may terminate this Agreement with immediate effect. We will inform
you about your right to terminate the Agreement in the notification email. If
you do not terminate your Agreement before the date the revised Terms become
effective, your continued access to or use of the marketsaltz Platform will
constitute acceptance of the revised Terms.
Clause 4 Account Registration
Clause 4.1
You must register or claim an
account (“marketsaltz Account”) to access and use certain features of the
marketsaltz Platform, Academic Institutions and Businesses have to register
themselves and it’s a one time job.
Academic Institute user means,
a person working or studying at a university / college / research organization
(Government recognized / Government established).
Business user means, a person who
is a owner of business or working for a company / firm / organization which
manufactures / trades / supplies chemicals, lab equipment or pharma equipment
and instruments and or chemical or pharma related products.
Academic Institutions and
Business Users have to upload or submit proper authentic and authorized
documents like organization registration certificate / GST / VAT / Tax ID along
with a proof to authorize to deal (Buy, Sell, Transact etc.,) in chemicals /
pharmaceuticals is required by marketsaltz platform.
After registration product
portfolio, product price and quality documents when you are a Supplier or
orders to Suppliers when you are a Buyer, or both. If you are registering a
marketsaltz Account for a Buyer or Supplier or for both, you represent and
warrant that you have the authority to legally bind that entity and grant us
all permissions and licenses provided in these Terms.
Clause 4.2
You can register a marketsaltz
Account using an email address and creating a password.
You must provide accurate,
current and complete information during the registration process and keep your
marketsaltz Account profile page information up-to-date at all times.
All Supplier
should: Add readily available stocks, Product availability status, Price.
Equipment Supplier
should: Add readily available stocks, Product availability status, Price and
upload product technical data sheet.
Clause 4.3
You may not register more than
one (1) marketsaltz Account unless marketsaltz authorizes you to do so. You may
not assign or otherwise transfer your marketsaltz Account to another party.
Clause 4.4
You are responsible for
maintaining the confidentiality and security of your marketsaltz Account
credentials and may not disclose your credentials to any third party. You must
immediately notify marketsaltz if you know or have any reason to suspect that
your credentials have been lost, stolen,
Mis-appropriated, or otherwise
compromised or in case of any actual or suspected unauthorized use of your
marketsaltz Account. You are liable for any and all activities conducted through
your marketsaltz Account, unless such activities are not authorized by you and
you are not otherwise negligent (such as failing to report the unauthorized use
or loss of your credentials).
Clause 4.5
No third party is authorized by
marketsaltz to ask for your credentials, and you shall not request the
credentials of another Buyer or Supplier. It is your responsibility to update your product pricing
whenever you feel the price needs to be updated. To update the pricing, you can
inform to marketsaltz team through an email.
Clause 4.6
No third party is authorized by
marketsaltz to ask for your credentials, and you shall not request the
credentials of another User.
Clause 5 Content
Clause 5.1
marketsaltz may, at its sole
discretion, enable Buyers and Suppliers to (i) create, upload, post, send,
receive and store content, such as text, photos, audio, video, or other
materials and information on or through the marketsaltz Platform (“Account
Content”); and (ii) access and view Account Content and any content that
marketsaltz itself makes available on or through the marketsaltz Platform,
including proprietary marketsaltz content and any content licensed or
authorized for use by or through marketsaltz from a third party (“marketsaltz
Content” and together with Account Content, “Collective Content”).
Clause 5.2
The marketsaltz Platform,
marketsaltz Content, and Account Content may in its entirety or in part be
protected by copyright, trademark, and/or other laws of the India and other
countries. You acknowledge and agree that the marketsaltz Platform and marketsaltz
Content, including all associated intellectual property rights, are the
exclusive property of marketsaltz and/or its licensors or authorizing
third-parties. You will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or
accompanying the marketsaltz Platform, marketsaltz Content or Account Content.
All trademarks, service marks, logos, trade names, and any other source
identifiers of marketsaltz used on or in connection with the marketsaltz
Platform and marketsaltz Content are trademarks or registered trademarks of
marketsaltz in the India and other countries. Trademarks, service marks, logos,
trade names and any other proprietary designations of third parties used on or
in connection with the marketsaltz Platform, marketsaltz Content, and/or
Collective Content are used for identification purposes only and may be the
property of their respective owners.
Clause 5.3
You will not use, copy, adapt,
modify, prepare derivative works of, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise exploit
the marketsaltz Platform or Collective Content, except to the extent you are
the legal owner of certain Account Content or as expressly permitted in these
Terms. No licenses or rights are granted to you by implication or otherwise
under any intellectual property rights owned or controlled by marketsaltz or
its licensors, except for the licenses and rights expressly granted in these
Terms.
Clause 5.4
Subject to your compliance with
these Terms, marketsaltz grants you a limited, non-exclusive, non-sub
licensable, revocable, non-transferable license to (i) download and use the
Application on your personal device(s); and (ii) access and view any Collective
Content made available on or through the marketsaltz Platform and accessible to
you, solely for your personal and non-commercial use.
Clause 5.5
By creating, uploading,
posting, sending, receiving, storing, or otherwise making available any Account
Content on or through the marketsaltz Platform, you grant to marketsaltz a
non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term
of the protection), sub-licensable and transferable license to such Account
Content to access, use, store, copy, modify, prepare derivative works of,
distribute, publish, transmit, stream, broadcast, and otherwise exploit in any
manner such Account Content to provide and/or promote the marketsaltz Platform,
in any media or platform. Unless you provide specific consent, marketsaltz does
not claim any ownership rights in any Account Content and nothing in these
Terms will be deemed to restrict any rights that you may have to use or exploit
your Account Content.
Clause 5.6
You are solely responsible for
all Account Content that you make available on or through the marketsaltz
Platform. Accordingly, you represent and warrant that: (i) you either are the
sole and exclusive owner of all Account Content that you make available on or
through the marketsaltz Platform or you have all rights, licenses, consents and
releases that are necessary to grant to marketsaltz the rights in and to such
Account Content, as contemplated under these Terms; and (ii) neither the
Account Content nor your posting, uploading, publication, submission or
transmittal of the Account Content or marketsaltz´s use of the Account Content
(or any portion thereof) will infringe, misappropriate or violate a third
party’s patent, copyright, trademark, trade secret, moral rights or other
proprietary or intellectual property rights, or rights of publicity or privacy,
or result in the violation of any applicable law or regulation.
Clause 5.7
You will not post, upload,
publish, submit or transmit any Account Content that: (i) is fraudulent, false,
misleading (directly or by omission or failure to update information) or
deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or
offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment
or harm against any individual or group; (iv) is violent or threatening or
promotes violence or actions that are threatening to any other company or
person; (v) promotes illegal or harmful activities or substances; or (vi)
violates marketsaltz´s content policy or any other marketsaltz policy. marketsaltz
may, without prior notice, remove or disable access to any Account Content that
marketsaltz finds to be in violation of these Terms or marketsaltz´s policies
or standards, or otherwise may be harmful or objectionable to marketsaltz, its
Account holders, third parties, or property.
Clause 5.8
marketsaltz respects copyright
law and expects its Account holders to do the same. If you believe that any
content on the marketsaltz Platform infringes copyrights you own, please notify
us.
Clause 6. Service Fees
Clause 6.1
The PSP Service is provided to
you by marketsaltz. This service includes payment collection services, payments
and pay-outs, in connection with and through the marketsaltz Platform. The
service is rendered in order to make sure that every payment and pay-out is
secure and dedicated only for its intended purpose i.e. to pay for orders of chemicals,
pharmaceutical raw materials, pharma lab equipments and instruments.
Clause 6.2
marketsaltz may restrict the
availability of the PSP Service, or certain services or features thereof, to
carry out maintenance measures that ensure the proper or improved functioning
of the PSP Service. marketsaltz may improve, enhance and modify the PSP Service
and introduce new payment services from time to time.
Clause 6.3
The PSP Service may contain
links to the third-party websites or resources (“Third-Party Services”). Such
Third-Party Services are subject to different terms and conditions and privacy
practices and marketsaltz Account holders should review them independently.
marketsaltz is not responsible or liable for the availability or accuracy of
such Third-Party Services, or the content, products, or services available from
such Third-Party Services. Links to such Third-Party Services are not an
endorsement by marketsaltz of such Third-Party Services.
Clause 6.4
You may not use the PSP Service
except as authorized by India Law, EU Law, United States Law, the laws of the
jurisdiction in which you reside, and any other applicable laws. In particular,
but without limitation, the PSP Service may not be used to send or receive
funds: (i)into India (ii) into any United States embargoed countries; or United
Nations (UN) or (iii) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce’s Denied
Persons List or Entity List. You represent and warrant that: (i) neither you
nor your Supplier company is located or take place in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S.
Government or United Nations (UN) as a “terrorist supporting” country; and (ii)
you are not listed on any India and U.S. Government or United Nations (UN) list
of prohibited or restricted parties. In addition to complying with the above,
you must also comply with any relevant export control laws in your local
jurisdiction of your country.
Clause 6.5
Your access to or use the PSP
Service may be subject to, or require you to accept, additional terms and
conditions. If there is a conflict between these PSP Service Terms and terms
and conditions applicable for a specific payment service, the latter terms and
conditions will take precedence with respect to your use of or access to that
payment service, unless specified otherwise.
Clause 6.6
In order to use the PSP
Service, you must have an marketsaltz Account in good standing.
Before submitting an order to a
Supplier, the Buyer will be advised by marketsaltz to fully complete all the
necessary account information, including but not limited to the payment method,
bank account number and swift information, that marketsaltz requires in
order to provide the PSP Service.
Before confirming an order to a
Buyer, the Supplier will be advised by marketsaltz to fully complete all the
necessary account information, including but not limited to the payment method,
bank account number and swift information, that marketsaltz requires in
order to provide the PSP Service.
If marketsaltz does not obtain
all the necessary information of the Buyer or the Supplier no PSP Service can
be allowed and performed.
Clause 6.7
If you or marketsaltz closes
your marketsaltz Account for any reason, you will no longer be able to use the
PSP Service through marketsaltz Platform.
Clause 6.8
You may authorize a third party
to use your marketsaltz Account in accordance with the marketsaltz Terms. You
acknowledge and agree that anyone you authorize to use your marketsaltz Account
may use the PSP Service on your behalf and that you will be responsible for any
payments made by such person and marketsaltz is not responsible on such
transaction whichever is not validated by you. Marketsaltz always assumes you
validate each and every transaction from your marketsaltz account.
Clause 6.9
You must be at least 18 years
old and be able to enter into legally binding contracts to use the PSP Service.
By using the PSP Service you represent and warrant that you are 18 years or
older.
Clause 6.10
If you are agreeing to these
PSP Service Terms on behalf of a company or other legal entity, i.e. a Buyer
and or a Supplier, you represent and warrant that you have the authority to
bind that company or other legal entity to these PSP Service Terms and, in such
event, “you” and “your” will refer and apply to that company or other legal
entity.
Clause 6.11
marketsaltz may make access to
and use of certain areas or features of the PSP Service subject to certain
conditions or requirements, such as completing a verification process or
meeting specific eligibility criteria.
Clause 6.12
We may make inquiries we
consider necessary to help verify or check your identity or prevent fraud. In
some jurisdictions, we have a legal obligation to collect identity information
to comply with anti-money laundering regulations. This may include
(i) asking you to provide a
form of government identification (e.g., GST, EIN, Tax ID, PAN, Aadhaar,
driving license or passport), your date of birth, your address, and other
information;
(ii) asking you to provide a
copy of a recent bank statement on which your companies name and account number
can be identified;
(iii) requiring you to take
steps to confirm ownership of your email address, Payment Methods or Pay-out
Methods; or
(iv) attempting to screen your
information against third-party databases. marketsaltz reserves the right to
close, suspend, or limit access to the PSP Service in the event we are unable
to obtain or verify any of this information.
Clause 6.13
When you confirm an order you
will be asked to provide customary billing information such as name, billing
address, and bank account information either to marketsaltz or its third-party
payment processor(s). You must provide accurate, current, and complete
information.
The information required will
include for wire payments:
The company’s name and address
on the Bank account statement
IBAN number and Swift (BIC
code) and or corresponding Bank information.
Clause 6.14
When you add bank wire payment
information, marketsaltz may verify this information by asking you to authorize
and transfer a nominal amount, not to exceed one rupee or one euro or one
dollar. For further verification, we may require you to upload a bank account
statement.
Clause 6.15
To verify your Pay-out Method,
marketsaltz may send one or more payments of nominal amounts to your bank
account. We may, and retain the right to, initiate refunds of these amounts
from your Pay-out Method. When you add your bank account information we will
automatically save that bank information to your marketsaltz Account so it can
be used for a future transaction.
Clause 6.16
Please note that Payment
Methods and Pay-out Methods may involve the use of third-party payment service
providers. These service providers may charge you additional fees when
processing payments and Pay-outs in connection with the PSP Service (including
deducting charges from the Pay-out amount), and marketsaltz is not responsible
for any of such fees and disclaims all liability in this regard. Your Payment
Method or Pay-out Method may also be subject to additional terms and conditions
imposed by the applicable third-party payment service provider; please review
these terms and conditions before using your Payment Method or Pay-out Method.
Clause 6.17
By accepting the Terms of
Service on marketsaltz, You authorize marketsaltz to store your Payment Method
information and charge your Payment Method as outlined in these Payments Terms.
If your Payment Method’s account information changes (e.g., account number,
routing number, expiration date) as a result of re-issuance or otherwise, we
may acquire that information from our financial services partner or your bank
and update your Payment Method on file in your marketsaltz Account.
Clause 6.18
By accepting the Terms of
Service on marketsaltz, You are solely responsible for the accuracy and
completeness of your Payment Method and Pay-out Method information. marketsaltz
is not responsible for any loss suffered by you as a result of incorrect
Payment Method or Pay-out Method information provided by you.
Clause 7 Terms and Financial
Terms for Buyers
Clause 7.1
When creating a marketsaltz
Account on the marketsaltz Platform you must
(i) provide complete and
accurate information about your company that is asked in the registration and
validation processes
(ii) provide any other pertinent
information requested by marketsaltz any time.
You are responsible for keeping
your marketsaltz Account up-to-date at all times.
Clause 7.2.
Pictures, animations or videos
(collectively, “Images”) used in your marketsaltz Account must accurately
reflect the quality and condition of your company. marketsaltz reserves the
right to its requirement that your company information has a minimum number of
Images of a certain format, size and resolution.
Clause 7.3
When you place an order as a
Buyer, your order will be presented to the Supplier to confirm. After confirmation
of your order by the supplier you will receive an order confirmation and a
proforma invoice for the payment made by you. You may cancel the order any time
before the delivery of the product and you may also cancel the order within 72
Hrs from receipt of the order if the, received product is not as per the
ordered quality, quantity and purity standards displayed during the order
placement on marketsaltz platform. When you confirm the order a legally binding
agreement is formed between you and the Supplier provided that the marketsaltz
validation process results in a positive qualification of both Buyer and
Supplier.
Once the payment transfer of the total amount
is received on the marketsaltz Secure Payment account, you and the Supplier will
receive a confirmation message and email.
Clause 7.4
When you confirm the order you
will be advised to provide marketsaltz with all information necessary to
validate you and your company. This information includes amongst others
financial related information and quality related information.
Clause 7.4.1 Financial related
information
Only the first time an order is
confirmed or when changes in the information details become apparent, Buyers
need to upload:
Billing information, such as
the company name, billing address.
If the delivery is in the same
country as the Supplier or within the India GST number or EU the VAT number or
EIN or Tax ID must be known to marketsaltz and you need to provide the GST /
VAT / EIN / Tax ID Certificate proof to marketsaltz.
For Buyers in China the USCI
number of the company as issued by Chinese authorities.
If a European IBAN account is
available: IBAN bank account number and BIC/SWIFT code.
If a European IBAN account is
not available: an overview of the bank account details.
Bank account currency needs to
be the same as the currency of the order.
A copy of a recent bank account
statement (not older than 1 month) showing at least the company name and bank
account number.
Copy of the excerpt of the
Chamber of Commerce of the Buyer company (not older than 1 year).
Copy of the passport of the
UBO(’s) (ultimate beneficial owner(s)).
Mobile phone number of the
subscriber of the company.
marketsaltz has the right to
ask for additional information if that is deemed necessary.
You must provide accurate,
current, and complete information.
Clause 7.4.2 Quality related
information
Only the first time an order is
approved or when changes in the information details become apparent, Buyers
need to submit:
All necessary documentation
proofs that they are allowed to produce, trade or buy the specific chemicals, pharmaceutical
raw material of the order.
A copy of the passport and
telephone number of the Pharmacist.
You must provide accurate,
current, and complete information.
Clause 7.4.3
marketsaltz will validate all
the information that has been received under Clause 7.4.1 and Clause 7.4.2 and
may ask for additional documents and or may contact the Fraud Authorities in
the countries where Buyer is located and check if the specific Buyer is
registered as a legal entity to produce, trade or buy the specific raw
material.
Clause 7.4.4
marketsaltz will inform to the
Supplier about the outcome of the validation.
A positive validation does not
necessarily mean that marketsaltz has received all the information under Clause
7.4.1 and Clause 7.4.2.
There can be no communication
regarding this internal validation process of marketsaltz.
Buyer, Supplier and or other
company or institution cannot derive any rights, or hold marketsaltz
responsible or liable, of a positive validation by marketsaltz.
If the validation is positive
then the account of the particular entity will be live on our platform.
If the validation is negative
the account of the particular entity will be suspended and further orders will
not be allowed by the platform.
The Buyer or Supplier of whom
the validation is negative will be removed from our platform.
Clause 7.5
When the Buyer confirms the
order and shipment of the order is fully or partially at risk for the Buyer,
marketsaltz recommends that the Buyer obtains appropriate insurance when the
shipment is transported. Please review any respective insurance policy
carefully, and in particular make sure that you are familiar with and
understand any exclusions to, and any deductibles that may apply for, such
insurance policy, including, but not limited to, whether or not your insurance
policy will cover the shipment of the specific order in question.
Clause 7.5
After marketsaltz has confirmed
that the total order amount is received on the marketsaltz Secure Payment
account, Supplier will pack and make shipment ready marketsaltz logistics team
(third party) will deliver the ordered raw materials / products at the buyers
delivery location.
Clause 7.5.1 (Overseas Buy transactions)
The date on which Pay-outs to
the Supplier are executed differ for each delivery condition.
Applicable to overseas transactions only: In the event of EX works
delivery condition marketsaltz will Pay-out the total order amount as explained
in this Clause.
It may be that on the date of
the Pay-out, the shipment has not arrived at the company of the Buyer. However
the shipment is after Ex-works delivery under custody of the transporter that
is paid by the Buyer. The shipment is now at Buyers risk.
Before Pay-out to the Supplier
is effected, marketsaltz will verify with the Buyer if the shipment is indeed
under custody of the transporter.
If the Buyer does, within 3
working days after marketsaltz has requested the confirmation, confirms that
the shipment is under custody of the transporter/Buyer, marketsaltz will
Pay-out the total order amount, minus service fees to the Supplier bank account
within 2 working days after the confirmation has been received from the Buyer.
If the Buyer does not, within 3
working days after marketsaltz has requested the confirmation, confirm that the
shipment is under custody of the transporter/Buyer, marketsaltz will presume
that the shipment is under custody of the transporter/Buyer and will Pay-out
the total order amount, minus service fees to the Supplier bank account within
2 working days, after the 3 working days period has ended and no dispute has
been raised.
If the Buyer opens a dispute
within 3 working days after marketsaltz has requested the confirmation, the
procedure in Clause 16 Problems and disputes between Buyers and Suppliers will
apply.
Clause 7.5.2 (Overseas Buy transactions)
In the event of CIF (Costs,
Insurance and Freight) delivery condition marketsaltz will Pay-out the total
order amount as explained in this Clause.
The date at which the order has
been delivered in the warehouse or the port of destination needs to be
confirmed by the Supplier to marketsaltz. It may be that on the date of the
Pay-out, the shipment has not arrived at the Buyer company. However, the
shipment will be under the custody of the transporter/logistics partner and
payment has been done by the Buyer. In this case, the shipment will be at the
Buyers risk.
Prior to the Pay-out to the
Supplier, marketsaltz will verify with the Buyer if the shipment is indeed
under custody of the transporter / logistics partner.
If the Buyer does, within 3
working days after marketsaltz has requested the confirmation, confirms that
the shipment is under custody of the transporter/Buyer, marketsaltz will
Pay-out the total order amount, minus service fees to the Supplier bank account
within 2 working days after the confirmation has been received from the Buyer.
If the Buyer does not, within 3
working days after marketsaltz has requested the confirmation, confirm that the
shipment is under custody of the transporter/Buyer, marketsaltz will presume
that the shipment is under custody of the transporter/Buyer and will Pay-out
the total order amount, minus service fees to the Supplier bank account within
2 working days after the 3 working days period has ended and no dispute has
been raised.
If the Buyer raises a dispute
within 3 working days after marketsaltz has requested the confirmation, the
procedure in Clause 16 Problems and disputes between Buyers and Suppliers will
apply.
Clause 7.5.3 (Overseas Buy transactions)
In the event that a Buyer is
confronted with a problem or want to raise a dispute, the procedure in Clause
16 Problems and disputes between Buyers and Suppliers will be applicable.
Clause 8 Financial Terms for
Suppliers
Clause 8.1
When creating a marketsaltz
Account on the marketsaltz Platform you must (i) provide complete and accurate
information about your company that is requested in the registration process,
(ii) provide complete and accurate information about the chemical,
pharmaceutical raw materials and equipments you provide and about the quality
documents and expiration dates of these documents from your company.
You are requested to upload all
available non expired quality documents and keep the uploaded documents
up-to-date whenever they expire, and (iii) provide any other pertinent
information requested by marketsaltz.
You are responsible for keeping
your marketsaltz Account up-to-date at all times.
Clause 8.2
Pictures, animations or videos
(collectively, “Images”) used in your marketsaltz Account must accurately
reflect the quality and condition of your company. marketsaltz reserves the
right to have the required information from your company that has a minimum
number of Images of a certain format, size and resolution.
Clause 8.3
The ranking of Suppliers on the
result page of the marketsaltz Platform may vary and depends on a variety of
factors:
– complete and positive
validation
– turnover through the marketsaltz
Platform
– number of orders
– average response time
– other criteria.
Clause 8.4
When you act as a Supplier to
receive an order from a Buyer, you will receive the order as submitted by the
Buyer. However, It is at your sole discretion you may deny or confirm the order
and or also add conditions if required but before 24 Hrs of receipt of order.
When you confirm the order a
legally binding agreement is formed between you and the Buyer provided that the
marketsaltz validation process results in a positive qualification of both
Buyer and Supplier.
After a positive validation of
both Buyer (see resp. Clause 7.4.1, Clause 7.4.2, Clause 7.4.3 and Clause
7.4.4) and Supplier (Clause 8.6.1, Clause 8.6.2, Clause 8.6.3 and Clause 8.6.4)
is communicated to you. Once the payment transfer of the total amount is
received on the marketsaltz Secure Payment account, you and the Buyer will
receive a confirmation message and email from marketsaltz Platform.
Clause 8.5
When you confirm the order you
will be asked to provide marketsaltz with all information necessary to validate
you and your company. This information includes amongst others financial
related information and quality related information.
Clause 8.6.1 Financial related
information
Only the first time an order is
confirmed or when changes in the information details become apparent, Suppliers
need to submit:
Billing information such as the
company name & billing address.
If the delivery is within the
same country as the Buyer or within the India the GST number or in EU the VAT
number or US the EIN / Tax ID number must be informed / supplied to marketsaltz.
For Suppliers in China the USCI
number of the company as issued by Chinese authorities.
If a European IBAN account is
available: IBAN bank account number and BIC/SWIFT code.
If a European IBAN account is
not available: an overview of the bank account details.
Bank account currency needs to
be the same as the currency of the order.
A copy of a recent bank account
statement (not older than 1 month) showing at least the Supplier company name
and bank account details.
Copy of the excerpt of the
Chamber of Commerce of the Supplier company (not older than 1 year).
Copy of the passport of the
UBO(’s) (ultimate beneficial owner(s)).
Mobile phone number of the user
of the company.
marketsaltz has the right to
ask for additional information if that is deemed necessary.
You must provide accurate,
current, and complete information.
Clause 8.6.2 Quality related
information
Only the first time an order is
approved or when changes in the information details become apparent, Suppliers
need to submit:
All necessary documentation to
proof that they are allowed to produce, trade or buy the specific chemicals, pharmaceutical
raw material of the order.
A copy of the passport and
telephone number of the Pharmacists.
You must provide accurate,
current, and complete information.
Clause 8.6.3
marketsaltz will validate all
the information that has been received under Clause 8.6.1 and Clause 8.6.2 and
may ask for additional documents and or may contact the Fraud Authorities in
the countries where the Supplier is located and check if the specific Supplier
is registered as a legal entity to produce, trade or sell the specific raw
material.
Clause 8.6.4
marketsaltz will inform the
Supplier of the outcome of the validation.
A positive validation does not
necessarily mean that marketsaltz has received all the information under Clause
8.6.1 and Clause 8.6.2.
There can be no communication
regarding this internal validation process of marketsaltz.
If the validation is positive
then the particular entity account will be live and further order will be
processed via our platform.
If the validation is negative
the particular entity account will be suspended and further order is not
approved by the platform and is cancelled.
The Buyer or Supplier of whom
the validation is negative will be removed from our platform.
Clause 8.7
When you confirm the order
after Buyer’s order confirmation and payment, you will receive an invoice from marketsaltz
charging you for our service fees (See Clause 10.).
marketsaltz deducts the service
free from the total order amount before remitting the Pay-out to you.
Clause 8.8
After our confirmation that we
have received the payment from the Buyer for the ordered material you supposed
to supply to Buyer, you as a Supplier must know that the total order amount is
secured on the marketsaltz Secure Payment account.
You are now obliged to deliver
the order at the agreed delivery and all other specifications agreed between
you and the Buyer.
You explicitly agrees to never
send the order to the Buyer prior to the payment confirmation receipt from
marketsaltz. If you do not comply with this restriction marketsaltz will never
be obliged to execute any pay-outs to you.
Clause 8.9
marketsaltz recommends that the
Supplier obtains an appropriate insurance when delivering chemicals,
pharmaceutical raw materials to a Buyer. Please review any respective insurance
policy carefully, and in particular make sure that you are familiar with and
understand any exclusions to, and any deductibles that may apply for, such
insurance policy, including, but not limited to, whether or not your insurance
policy will cover the delivery to the Buyer.
Clause 8.10.1 (Overseas Transactions)
The date on which Pay-outs to
the Supplier are executed differ to each delivery condition.
In the event of EX works
delivery condition marketsaltz will Pay-out the total order amount as explained
in this Clause.
It may be that on the date of
the Pay-out, the shipment has not arrived at the Buyer company. However the
shipment is after Ex works delivery under custody of the transporter /
logistics company that is transportation paid by the Buyer. In this case, the
shipment is now at Buyers risk.
Prior to the Pay-out to the
Supplier is effected, marketsaltz will verify with the Buyer if the shipment is
indeed under custody of the transporter/Buyer.
If the Buyer does, within 3
working days after marketsaltz has requested the confirmation, confirms that
the shipment is under custody of the transporter/Buyer, marketsaltz will
Pay-out the total order amount, minus service fees to the Supplier bank account
2 working days after this confirmation has been received.
If the Buyer does not, within 3
working days after marketsaltz has requested the confirmation, confirm that the
shipment is under custody of the transporter/Buyer, marketsaltz will presume
that the shipment is under custody of the transporter/Buyer and will Pay-out
the total order amount, minus service fees to the Supplier bank account 2
working days after the 3 working days period has ended and no dispute has been
opened.
If the Buyer opens a dispute
within 3 working days after marketsaltz has requested the confirmation, the
procedure in Clause 16 Problems and disputes between Buyers and Suppliers will
apply.
Clause 8.10.2 (Overseas Transactions)
In the event of CIF (Costs,
Insurance and Freight) delivery condition marketsaltz will Pay the total order
amount as explained in this Clause.
The date at which the order has
been delivered in the warehouse or the port of destination needs to be
confirmed by the Supplier to marketsaltz. It may be that on the date of the
Pay-out, the shipment has not arrived at the Buyers company. However the
shipment is now under custody of the transporter that is paid by the Buyer. The
shipment is now a Buyers risk.
Before Pay-out to the Supplier
is effected, marketsaltz will verify with the Buyer if the shipment is indeed
under custody of the transporter.
If the Buyer does, within 3
working days after marketsaltz has requested the confirmation, confirms that
the shipment is under custody of the transporter/Buyer, marketsaltz will Pay
the total order amount, minus service fees to the Supplier bank account 2
working days after this confirmation has been received.
If the Buyer does not, within 3
working days after marketsaltz has requested the confirmation, confirm that the
shipment is under custody of the transporter/Buyer, marketsaltz will presume
that the shipment is under custody of the transporter/Buyer and will Pay-out
the total order amount, minus service fees to the Supplier bank account 2
working days after the 3 working days period has ended and no dispute has been
opened.
If the Buyer raises a dispute
within 3 working days after marketsaltz has requested the confirmation, the
procedure in Clause 16 Problems and disputes between Buyers and Suppliers will
apply.
Clause 8.11
In the event that a Supplier is
confronted with a problem or want to raise a dispute, the procedure in Clause
16 Problems and disputes between Buyers and Suppliers will be applicable.
Clause 8.12
In order to receive a Pay-out
you must have been submitted all relevant information as mentioned in Clause
8.6.1, Clause 8.6.2 and Clause 8.6.3.
Clause 8.13
Your Pay-out amount will be the
total order amount minus Service Fees.
Clause 8.14
marketsaltz will remit your
Pay-outs in the currency of the order that was confirmed. Amounts may be
rounded up or down as described in Clause 11 (“Rounding Off”).
Clause 8.15
For compliance or operational
reasons, marketsaltz may limit the value of each Pay-out. If you are due an
amount above that limit, marketsaltz may initiate a series of Pay-outs
(potentially over multiple days) in order to provide your full pay-out amount.
Clause 9 Appointment of marketsaltz
as Limited Payment Collection Agent
Clause 9.1
Each Buyer and Supplier entered
into an order via marketsaltz Platform hereby appoints marketsaltz as a
providing payment collection agent solely for the limited purpose of accepting
funds from Buyers and Suppliers purchasing such services.
Clause 9.2
Each Buyer and Supplier agrees
that payment made by a Buyer using the marketsaltz Secure Payment Service
through marketsaltz platform, shall be considered the same as a payment made
directly to the Supplier, and the Supplier will deliver the order of the
chemicals, pharmaceutical raw materials to the Buyer according to all
specifications agreed upon as specified in the order as if the Supplier has
received the payment directly from the Buyer.
Each Supplier agrees that
marketsaltz may refund the Buyer in accordance with these marketsaltz Terms. Each
Supplier understands that marketsaltz’s obligation to pay the Supplier is subject
to and conditional upon successful receipt of the associated payments from
Buyers. marketsaltz guarantees payments to Suppliers only for such amounts that
have been successfully received on the marketsaltz Secure Payment Account in
RUPEES or EURO or USD from Buyers in accordance with these marketsaltz Terms.
In accepting appointment as the
limited payment collection agent of the Supplier, marketsaltz assumes no
liability for any acts or omissions of the Supplier.
Clause 9.3
Each Buyer acknowledges and
agrees that, notwithstanding the fact that marketsaltz is not a party to the
agreement between the Buyer and the Supplier, marketsaltz acts as the Supplier’s
payment collection agent for the limited purpose of accepting payments from the
Buyer on behalf of the Supplier. Upon Buyer’s payment of the total amount of
the order to the marketsaltz Secure Payment Account in RUPEES or EURO or USD,
Buyer’s payment obligation to the Supplier for the agreed upon total order
amount is extinguished, and marketsaltz is responsible for remitting the funds
to the Supplier in the manner described in these Payments Terms.
Clause 10 Service Fees and
other Fees
Clause 10.1
marketsaltz collects the
Service Fees charged by marketsaltz pursuant to the marketsaltz Terms. Where
applicable, marketsaltz may also collect Taxes (such as GST in India and VAT in
Europe) in respect of the Supplier fees. As far is Pay/out is concerned marketsaltz
deducts the service fees from the total order amount before remitting the
Pay-out to the Supplier as described in these Payments Terms.
Clause 10.2
More information about when
Services Fees apply and how they are calculated can be found on our Service Fee
page on our website. marketsaltz may charge additional fees for use of certain
Payment Services and any applicable fees will be disclosed to Buyers and
Suppliers via the marketsaltz Platform.
Clause 10.3
marketsaltz will take all
necessary steps to rectify any payment processing errors that occur so that the
Supplier ends up receiving the correct amount for the order delivered.
Clause 11 Rounding Off
Clause 11.1
marketsaltz may, in its sole
discretion, round up or round down amounts that are payable from or to Buyers
and or Suppliers to the nearest whole functional base unit in which the
currency is denominated (i.e., to the nearest Rupee or Dollar, Euro or other
supported currency); for example, marketsaltz may round up an amount of $101.50
to $102.00, and round down an amount of $101.49 to $101.00.
Clause 11.2
For currencies denominated in
large numbers, marketsaltz may determine the functional base unit in which
those currencies are denominated to be 10, 100 or 1,000 of the currency; the
corresponding examples for such currencies would be for marketsaltz to round up
an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500
and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to
837,000.
Clause 12 Currency conversion
Clause 12.1
marketsaltz has multiple
accounts in Rupees and Dollars and Euro´s. When a Buyer executes a payment of
an order only payments are accepted on the bank account of marketsaltz that is
mentioned on the payment instructions that were submitted to the Buyer when
receiving the order confirmation and pro-forma invoice. This bank account
number corresponds with the currency that is agreed upon in the order between
the Buyer and the Supplier.
Clause 12.2
Buyer will pay the total order
amount as agreed in the currency that is mentioned on the order as well as in
the payment instructions and that is agreed upon with the Supplier.
If Buyer pays the total order
amount in another currency marketsaltz will process the order considering the
currency exchange rates applicable during the transaction to supplier (if
supplier currency is different from buyer currency) and charge the Buyer with
all costs that are involved in this remittance, including administration and
banking costs.
Clause 12.3 (Overseas Transactions)
Buyer has only to pay the full
amount of the pro forma invoice in one transfer. Multiple transfers for one pro
forma invoice will not be processed and will directly be returned to the
Buyer´s account and all costs that are involved in these remittances, including
administration and banking costs will be charged and deducted.
Clause 13 Ratings and Reviews
Clause 13.1
Within a certain timeframe
after completing an order, Buyers and Suppliers can leave a public review
(“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or
Reviews reflect the opinion of individual Buyers or Suppliers and do not
reflect the opinion of marketsaltz. Ratings and Reviews are not verified by
marketsaltz for accuracy and may be incorrect or misleading.
Clause 13.2
Ratings and Reviews by Buyers
and Suppliers must be fair, truthful and factual and may not contain any
offensive or defamatory language. Ratings and Reviews must comply with marketsaltz’s
Privacy Policy. marketsaltz reserves the right to remove or un-publish ratings or
reviews that do not comply with this policy.
Clause 13.3
Buyers and Suppliers are
prohibited from manipulating the Ratings and Reviews system in any manner, such
as instructing a third party write a positive or negative Review about another
Buyer or Supplier.
Clause 14 Disclaimers
Clause 14.1
If you choose to use the
marketsaltz Secure Payment Services of marketsaltz, you do so voluntarily and
at your sole risk. The marketsaltz Secure Payment Services are provided as is,
without warranty of any kind, either express or implied.
Clause 14.2
Notwithstanding appointment of
marketsaltz as the limited payment collection agent of Suppliers for the
purposes of accepting payments from Buyers through the marketsaltz Platform,
marketsaltz explicitly disclaims all liability for any act or omission of any
Buyer, Supplier or other third parties.
marketsaltz has any duties or
obligations as agent for each Supplier except to the extent expressly set forth
in these Terms, and any additional duties or obligations as may be implied by
law are expressly excluded.
Clause 14.3
The foregoing disclaimers apply
to the maximum extent permitted by law. You may have other statutory rights.
However, the duration of statutorily required warranties, if any, shall be
limited to the maximum extent permitted by law.
Clause 15 Liability
Clause 15.1
You acknowledge and agree that,
to the maximum extent permitted by law, the entire risk arising out of your
access to and use of the marketsaltz Secure Payment Services remains with you.
If you permit or authorize another person to use your marketsaltz Account in
any way, you are responsible for the actions taken by that person. Neither
marketsaltz nor any other party involved in creating, producing, or delivering
the marketsaltz Secure Payment Services will be liable for any incidental,
special, exemplary, or consequential damages, including lost profits, loss of
data or loss of goodwill, service interruption, computer damage or system
failure or the cost of substitute products or services, or for any damages for
personal or bodily injury or emotional distress arising out of or in connection
with
(i) these Terms,
(ii) from the use of or
inability to use the marketsaltz Secure Payment Services, or
(iii) from any communications,
interactions, or meetings with other Buyers and Suppliers or other persons with
whom you communicate, interact, transact, or meet with as a result of your use
of the (marketsaltz Secure Payment) Services, whether based on warranty,
contract, tort (including negligence), product liability, or any other legal
theory, and whether or not marketsaltz has been informed of the possibility of
such damage, even if a limited remedy set forth herein is found to have failed
of its essential purpose.
Except for Buyers obligations
to pay amounts to applicable Suppliers pursuant to these Payments Terms, in no
event will marketsaltz aggregate liability arising out of or in connection with
these (marketsaltz Secure Payments) Terms and your use of the marketsaltz
Secure Payment Services including, but not limited to, from your use of or
inability to use the marketsaltz Secure Payment Services, exceed the amount you
have paid for your last pending order via the marketsaltz Platform as a Buyer,
or if you are a Supplier the amounts paid by marketsaltz to you owed for your
last pending order, or one hundred U.S. dollars (US$100 or INR.100), if no such
payments have been made, as applicable. The limitations of damages set
forth above are fundamental elements of the basis of the bargain between
marketsaltz and you. Some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, so the above
limitation may not apply to you. If you reside outside of India, this does not
affect marketsaltz’s liability for death or personal injury arising from its
negligence, nor for fraudulent misrepresentation, misrepresentation as to a
fundamental matter, or any other liability which cannot be excluded or limited
under applicable law.
Clause 15.2
If you reside in India, marketsaltz
is liable under statutory provisions for intent and gross negligence by us, our
legal representatives, directors, or other vicarious agents. The same applies
to the assumption of guarantees or any other strict liability, or in case of a
culpable injury to life, limb, or health. marketsaltz is liable for any
negligent breaches of essential contractual obligations by us, our legal
representatives, directors, or other vicarious agents. Essential contractual obligations
are such duties of marketsaltz in whose proper fulfilment you regularly trust
and must trust for the proper execution of the contract but the amount shall be
limited to the typically occurring foreseeable damage. Any additional liability
of marketsaltz is excluded.
Clause. 15.3
marketsaltz does not represent
or warrant that the website will meet particular requirements, or be available,
accessible, uninterrupted, timely, secure or operate without error or that it
will be free from viruses or other harmful elements.
Clause. 15.4
By using the website the Buyer
and Supplier expressly acknowledges and agrees that in no event marketsaltz,
its officers, directors, employees or agents will be liable in contract, tort
(including negligence and breach of statutory duty) or otherwise for any direct,
indirect, incidental, special,
consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if marketsaltz has been advised of
the possibility of such damages) resulting from:
the use or the inability to use
the marketsaltz Platform;
any misrepresentation made by any Buyer or Supplier on the marketsaltz
Platform;
dealings between Buyers and Suppliers on the marketsaltz Platform
whether or not those dealing arise in response to an advertisement on the
marketsaltz Platform;
the cost of obtaining substitute goods and/or services resulting
from any data, information or service obtained or messages received or
transaction entered through an introduction via the marketsaltz Platform;
unauthorised access to or alteration of your transmission of data;
statements or conduct of any Buyer or Supplier or any third party
that uses the marketsaltz Platform; or any other matter relating to
the marketsaltz Platform.
Clause. 15.5
Nothing in these Terms shall
exclude or restrict any liability for the death or personal injury arising from
the negligence or fraud of marketsaltz.
Clause. 15.6
Any commercial transactions entered
into by the Buyer and Supplier is strictly between the Buyer and the Supplier,
not with marketsaltz. The website marketsaltz.com is a platform only and thus
not involved in any transaction with the exception mentioned in Clause 6 and
Clause 9.
marketsaltz accepts no
liability for the quality, delivery, payment or any other aspect of the
contractual relationship between the Buyer and the Supplier.
Clause. 15.7
The information and
advertisements on marketsaltz is not intended to address Buyers or Suppliers
particular requirements. Such information does not constitute any form of
legal, tax or investment advice or recommendation by marketsaltz and is not
intended to be relied upon by Buyers and Suppliers in making (or refraining
from making) any specific investment or other decisions.
Clause 16 Problems and disputes
between Buyers and Suppliers
Clause 16.1
In the cause of the delivery
process problems and disputes might arise between Buyers and Suppliers.
When a Buyer receives an EX
Works condition delivery and notices any damages of the delivery, the Buyer
must contact the insurance company which has insured the transport. The Buyer
needs to solve this problem with the insurance company.
When a Buyer receives a CIF
condition delivery and notices any damages of the delivery, the Buyer must make
a statement on the delivery note of the transporter. After this the Buyer must
contact the Supplier via the marketsaltz messaging system and solve this
dispute with the Supplier who in turn will contact the transporter and their
insurance company which has insured the transport.
If the Buyer
receives the product which does not meet the ordered quality, quantity and
purity or packing damaged, within 72 Hrs the Buyer has to confirm to
marketsaltz, the receipt order is as per his order requirement or not. If Buyer
confirms the receipt order is as per the ordered requirement and or displayed
during order, then marketsaltz will make the payment to Supplier. If the
receipt order is not as per the order requirement and or displayed during order
on marketsaltz, Buyer has to inform to the marketsaltz whether he want to
replace order or cancel order with the Supplier within 72 Hrs of receipt of the
order. The requests received after 72 Hrs of receipt of order will not be
entertained by marketsaltz and is not responsible.
Buyers and Suppliers agree to cooperate
in a fair and trustworthy manner to solve the problem.
marketsaltz is not a party, nor
responsible to intervene.
Clause 16.2
When a Buyer receives the
delivery and notices that any of the quality specifications of the order is
breached, the Buyer must contact the Supplier via the marketsaltz support team within
72 Hrs of receipt of the order and solve this problem.
Buyers and Suppliers agree to
cooperate in a fair and trustworthy manner to solve the problem.
marketsaltz is not a party, nor
responsible to intervene.
Clause 16.3.1
If in the event of an EX Works
condition delivery the Buyer cannot confirm if the shipment is under custody of
its transporter, the Buyer must open a dispute of this non delivery and breach
of the contract between the Buyer and the Supplier within 3 working days after
marketsaltz has requested the confirmation. The dispute is only accepted when
submitted through the dispute module in the marketsaltz Account. The dispute
must be submitted prior to the pay-out schedule date.
If marketsaltz decides that the
dispute is justified marketsaltz will postpone the pay-out to the Supplier
until the moment that the dispute is solved.
Withdrawal of a dispute also
needs to be submitted through the dispute module in the marketsaltz Account.
Suppliers explicitly agree to
this postponement of the pay-out in this event.
Buyers and Suppliers agree to
cooperate in a fair and trustworthy manner to solve the dispute.
marketsaltz is not a party, nor
responsible to intervene, however marketsaltz will mediate between you and the
supplier to resolve the dispute.
Clause 16.3.2
If in the event of an CIF
condition delivery the Buyer cannot confirm if the shipment is under custody of
its transporter or has arrived in their warehouse, the Buyer must open a
dispute of this non delivery and breach of the contract between the Buyer and
the Supplier within 3 working days after marketsaltz has requested the
confirmation. The dispute is only accepted when submitted through the support
team of the marketsaltz Account. The dispute must be submitted before 72 Hrs of
receipt of the order. If marketsaltz decides that the dispute is justified
marketsaltz will postpone the pay-out to the Supplier until the moment that the
dispute is solved. Withdrawal of a dispute also needs to be submitted through
the dispute module in the marketsaltz Account.
Suppliers explicitly agree to
this postponement of the pay-out in this event.
Buyers and Suppliers agree to
cooperate in a fair and trustworthy manner to solve the dispute.
marketsaltz is not a party, nor
responsible to intervene, however marketsaltz will mediate between the Buyer
and the supplier to resolve the dispute.
Clause 17 Accuracy of
information and Disclaimer
Clause. 17.1: Disclaimer
marketsaltz is a website which
presents producer and product related information about Suppliers, in the
global chemical, pharmaceutical supply chain, which they have supplied to
marketsaltz for their promotional purposes. marketsaltz provides “as is, where
is and as available” basis and does not warrant the accuracy, completeness,
reliability or timeliness of such information; nor does it warrant that it is
fit for any particular purpose. If Users find any inaccurate information on
marketsaltz please inform us at support@marketsaltz.com .
Clause. 17.2: Disclaimer
marketsaltz does not accept any
liability for the veracity or accuracy of the information presented. marketsaltz
does not endorse nor is responsible for the accuracy or reliability of any
opinion, advise or statement made on the marketsaltz Platform. Any opinions,
advice, statement, services, offer, or other information on the marketsaltz
Platform are those of the Buyers and Suppliers and not of marketsaltz.com. No
advise or information obtained from the marketsaltz Platform, whether written,
by email or oral, will create any warranty or other obligation by marketsaltz.com
if not expressly stated in these Terms. marketsaltz strongly recommends Users
of the marketsaltz Platform interested in purchasing raw material(s) from
Suppliers, to make their own due diligence of the Suppliers and of the raw
material(s) prior to entering into a commercial transaction.
Clause. 18 Copyright
Clause. 18.1
Copyright and all intellectual
property rights in the content of the marketsaltz Platform are either owned by
or are licensed to marketsaltz Platform and the content is protected by such
rights including, without limitation, by copyright and under trade mark laws.
All content on the marketsaltz Platform, including but not limited to designs,
text, graphics, pictures, video, information, content, organisation,
compilation, digital conversion, applications, software, sound and other files
and their selection and arrangement is and shall remain the property of marketsaltz
Platform or of those Buyers and Suppliers whose content is uploaded to the
website.
If a User of the website
believes that intellectual property rights have been infringed, please notify marketsaltz.com
at support@marketsaltz.com .
Clause. 18.2
No Website Content may be
modified, copied, distributed, downloaded, posted, transmitted, reproduced,
framed, republished or sold in any form or by any means, in whole or in part,
prior to marketsaltz.com written permission. User(s) may not create a database
in electronic or structured manual form by systematically and/or regularly
downloading, caching, printing and storing all or any of the material held
within the website.
Clause. 18.3
Buyers and Suppliers are
granted a limited license to access and use the website and the Website Content
and to download and print one copy of any portion of the Website Content to
which you have properly gained access solely for use within your organisation
and for the purpose of identifying business opportunities in the chemical and
pharmaceutical sector.
Clause. 19 Communication
between Buyers and Suppliers
Clause. 19.1
Marketsaltz.com will provide
facilities which enables Buyers and Suppliers to communicate with each other
via email within the knowledge of marketsaltz without revealing their identity.
In these communications both Buyers and Suppliers shall ensure that any such
communication is truthful and accurate in all respects and that no such communication
shall be inappropriate or objectionable. Buyers and Suppliers shall immediately
comply with any request from any other Buyer or Supplier to stop communicating
with them.
Clause. 20 Links to other
websites
Clause 20.1
Any link to the website of marketsaltz.com
without written permission is prohibited. Notwithstanding authorisation to link
to the website of marketsaltz.com, linking to any page other than the initial
start page of marketsaltz.com is prohibited. Persons providing access to the
website marketsaltz.com via a link from another website are solely responsible
for the content, accuracy, opinions expressed, privacy policies, products or
services of, or available through, the source website and for any
representations made or impressions created concerning marketsaltz.com.
Authorisation by marketsaltz.com to link to its website is given without
assumption of any liability by marketsaltz.com relating to such links, and we
hereby disclaim any such liability.
Marketsaltz.com reserves the
right to withdraw any authorisation to link to the website of marketsaltz.com
at any time and for any reason. Anyone providing access to, or information
relating to the website of marketsaltz.com, whether by link or otherwise, is
responsible for bringing these Terms of Service to the attention of the person
receiving such access or information. Failure to do so will not result in
liability for marketsaltz.com.
Clause. 21 Access to the
website marketsaltz.com
Clause. 21.1
Users are responsible for
making all arrangements necessary to have access to the website of marketsaltz.com.
Clause. 21.2
Access to the Website is
permitted on a temporary basis. Marketsaltz.com reserves the right to terminate
Users access to the website or any part if it or to withdraw any of marketsaltz.com
services at any time, without notice, for any reason (including without
limitation any breach of these Terms).
Clause. 21.3
While marketsaltz.com
endeavours to ensure that the website is normally available 24 hours a day, marketsaltz.com
shall not be liable if for any reason the website is unavailable at any time or
for any period.
Clause. 22 General
Clause 22.1
Any formal legal notices should
be sent to marketsaltz.com by post at its legal address or by email. Failure by
marketsaltz.com to enforce a right does not result in waiver of such right.
Users may not assign or transfer their right under this agreement. Nothing in
these Terms of Service is intended to, nor shall it, confer any benefit on a
third party.
Clause 23 Legal Jurisdiction
Clause. 23.1
If it turns out that a
particular term is not enforceable, this will not affect any other terms.
While using our services,
Indian Law shall apply to these Terms of Service, notwithstanding the
jurisdiction where Users are based. Users irrevocably agree that the courts of
the Hyderabad, State of Telangana, India shall have exclusive jurisdiction to settle
any dispute which may arise out of, under, or in connection with these Terms
(including non-contractual claims of disputes) and for those purposes the
parties irrevocably submit all disputes to the exclusive jurisdiction of the
Court in Hyderabad, State of Telangana, India provided that marketsaltz.com
shall not be prevented from seeking any court order or judgement in any other
court of competent jurisdiction.
Clause. 24: Further information
Clause 24.1
If Users have any questions
regarding these Terms they may contact marketsaltz (dot) com at Plot No.396,
Ground Floor, Sri Srinivasapuram Colony, Vanasthalipuram, Hyderabad, Telangana
500070, India or send an email to support@marketsaltz.com .
Important Disclosure:
Saltz™ is a trademark of Saltz
India Pharma Laboratories Private Limited, marketsaltz is the part and parcel
of Saltz India Pharma Laboratories (OPC) Private Limited. Restrictions apply,
See Terms of Service for more detail. marketsaltz reserves the right to modify
or discontinue its Services /Products or offerings at any time and without
notice. All product names, logos, and brands are property of their respective
owners. All company, product and service marks used in this website are for
identification purposes only. Use of these names, logos, and brands does not
imply endorsement.
Marketsaltz.com is a
website operated by Saltz India Pharma Laboratories (OPC) Private Limited. By
accessing this site and any pages thereof, you agree to be bound by its Terms
of Use and Privacy Policy. Saltz India Pharma Laboratories (OPC) Private
Limited is a B2B e-commerce platform for Chemicals, Pharmaceutical, Equipment
trade and trade service facilitator; connecting Manufacturers/Suppliers and
Buyers to global pharma intended businesses.
About marketsaltz
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Support Links
Contact Info
- Address: Plot No.396, Ground Floor, Sri Srinivasapuram Colony, Vanasthalipuram, Hyderabad – 500070, Telangana, India.
- Phone: 7842160133
- Email: support@marketsaltz.com