Terms & Conditions

POLYMER EXCHANGE- WEBSITE & MOBILE APPLICATION USER AGREEMENT – STANDARD TERMS & CONDITIONS.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 & Mobile Application – “Polymer Exchange”.

The Website & Mobile Application named “Polymer Exchange” (hereinafter referred to as "this Website & Mobile Application") is owned by PWORLD TECHNOLOGY PVT. LTD. a company incorporated under the Companies Act, 1956(now 2013 – as amended) vide CIN -AAJ-2342 with its registered office at 1001/1002, Lodha Supremus, S. B. Marg, Lower Parel, Mumbai – 400013, Maharashtra, India (hereinafter referred to as "Company").

Your use of this Website & Mobile Application and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website & Mobile Application including the applicable policies which are incorporated herein by way of reference or mentioned on this Website & Mobile Application. If You transact on this Website & Mobile Application, you shall be subject to the policies that are applicable for such transaction. By mere use of this Website & Mobile Application, you shall be contracting with PWORLD TECHNOLOGY PVT. LTD. and these terms and conditions including the policies constitute your binding obligations, with PWORLD TECHNOLOGY PVT. LTD..

Please read the terms and conditions ("Terms and Conditions") set out below carefully before you place buy or sell order for any Goods or Services through our website & mobile application. By ordering or selling any Goods or Services from our website & mobile applications you agree to be bound by these Terms and Conditions.

• Section 1: Introduction:
  • We are Company – “PWORLD TECHNOLOGY PVT. LTD.” Owning all copyrights over POLYMER EXCHANGE – a Website & Mobile Application, unless stated otherwise.
• Section 2: Definitions:
  • 2.1 "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, Confidential Information of the company and its Registered Users
  • 2.2. "Privacy Policy" means the policy displayed on our website & mobile application which details how we collect and store your personal data;
  • 2.3. "you", "your" and "yours" are references to you the person accessing this website & mobile application and ordering or selling polymers from our website & mobile applications including any business entity that you legitimately represent.
  • 2.4. "we", "us", "our", and "polymer exchange" are references to the Company;
  • 2.5. "Goods" is a reference to polymers including but not limited to - PP, HDPE, LDPE, LLDPE, PVC, PS, ABS, PET & EVA for which Registered Users may Register on this Website & Mobile Application.
  • 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our website & mobile app;
  • 2.7. “Website & Mobile Application” means Polymer Exchange
  • 2.8 “Company” means PWORLD TECHNOLOGY PVT. LTD.
  • 2.9 “Copyright holder” means PWORLD TECHNOLOGY PVT. LTD.
  • 2.10. “Website” is a reference to our website on which we offer this E-Platform for registered Users to interact amongst themselves for identifying suitable parties for their needs of Sale & Purchase of Goods &"Mobile Application" is a reference to our mobile application on which we offer this E-Platform for registered Users to interact amongst themselves for identifying suitable parties for their needs of Sale & Purchase of Goods.
  • 2.11 “Registered User Data” means Data as may provided by the Registered Users at the time Registering themselves on the Website & Mobile Application included but not limited to their names, address, contact details, Buy/Sale Quotes, Quantity etc.
• Section 3: Services:
  • 3.1. “Polymer exchange” is merely E-Platform/E-Marketplace provided by the Company for its Register Users only.
  • 3.2 “Polymer Exchange” is a Website & mobile Application which merely gives data w.r.t “Registered Users” like Name, address, product description, quantity intended for buy &/or Sale quotes from the respective parties.
  • 3.3 Company is not a party in whatsoever capacity, to sale and Purchase contract of Goods that the Registered Users may ultimately enter into but merely a facilitator of providing E-Platform/E-Marketplace.
• Section 4: Disclaimers:
  • 4.1 Company does not warrant any authenticity, genuineness of the Registered Users.
  • 4.2 Company does not warrant any correctness, legality, authenticity, genuineness of the” Data” as may be provided by the “Registered Users” on this Website & Mobile Application .
  • 4.3 Company does not guarantee whether Registered User has the desired quantity of particular goods or whether he really intends to enter into a contract for such sale and purchase of Goods.
  • 4.4 Company does not warrant about the track record of the Registered Users not it ever rate any particular Registered User for its goods and its data.
  • 4.5 Company does not warrant nor it certifies about the legal title, quality and performance of Goods displayed by the Registered Users on this Website & Mobile Application – “Polymer Exchange”.
  • 4.6 Parties entering into any contract based on the information available on this Website & Mobile Application – “Polymer Exchange” about Goods will do so based solely on its own judgement and prudence and the Company will not be responsible for wrongdoing, misrepresentations, and frauds by the Registered Users while entering into any contract.
  • 4.7 Company reserves its right to decide, whether to continue any information/data of the Registered Users being displayed on this Website & Mobile Application and may withdraw without any prior notice to any party.
• Section 5: Registered Users Responsibilities – Registered Users shall:
  • 5.1 Ensure correctness, genuineness and validity of the information/data that they provide at the time of Registration on this Website & Mobile Application.
  • 5.2 Undertake to promptly inform/update any change in the information/data that it had provided at the Registration.
  • 5.3 Undertake its intention of entering valid/enforceable contract with the parties with it interacts on this Website & Mobile Application – “Polymer exchange”
  • 5.4 Undertake that as on the date, it holds all valid licenses that they require for the purpose of displaying the information/data on this Website & Mobile Application and for entering into any contract with the parties that interact on this E- Platform.
  • 5.5 Undertake that in case of sale they are the legal and rightful owners of the Goods.
  • 5.6 Undertake that they are aware this Website & Mobile Application – “Polymer exchange” is mere E-Marketplace/Platform and that there is no relationship of contractor, agency, franchisee, distributorship etc of whatsoever.
  • 5.7 Undertake that for availing services through this Website & Mobile Application – “Polymer exchange” you are required to register yourself by creating a user account for which details as required should be filled in. You must ensure that you keep the combination of username and the password you have created secure and do not provide this information to a third party.
  • 5.8 Undertake that in case any third party/ies uses the Services on this Website & Mobile Application through your UserID & Password, it will do so only with your prior permission and for legitimate purpose and use and Company will not be responsible for any outcome of such access being used by ant third party/ies through your User ID & Password.
  • 5.9 Undertake that it will not display any information which is wrong, malafide, defamatory, outrageous to the interest, sentiment of any party, segment, caste, religion of the society.
  • 5.10 Undertake that in case such objectionable information comes to or brought to the knowledge of the Company it will have absolute right without consultation to withdraw/blackout such information/ portion of information with immediate effect and all consequences arising from such display of Objectionable information shall be borne only by the Registered Users.
• Section 6: Company declares and warrants that:
  • 6.1 It will have sole right to decide whether to continue to display any data/information of the Registered Users on this Website & Mobile Application.
  • 6.2 Registered Users by clicking the Function “I Accept” have agree and bound by all the terms and conditions of this binding relation with the Company and it gives its right/ license over the data/information that it displays, to the Company for its own legitimate use for deriving and or arriving at information. Derivation thereof for further use and including even giving it to any Government Authorities under any order, case and/or investigation.
• Section 7: General Clauses:
  • 7.1 This Website & Mobile Application also provides with a recovery mechanism in case you have forgotten your username or password. In case you have forgotten your username, you can write an email to the polymer exchange support team, who may help you recover the same.
  • 7.2 Company will make its best efforts not to allow Unauthorized access to any data you provide when accessing Services from this Website & Mobile Application.
  • 7.3 If any Registered User intends to update, change, modify or withdraw his/its information/data he/she may do so through the update process provided by this Website & Mobile Application.
  • 7.4 Registered Users authorize us to use, store or otherwise process your personal information in order to post your buy orders and/or sale offers and as may be required for valid purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide you with the best buy/sell offers. More information can be found in our Privacy Policy.
  • 7.5 Linked Sites: There may be a number of links on our Website & mobile application to third party Websites/mobile applications which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites/apps. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
  • 7.6 Complaints: We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to info@polymerexchange.com
  • 7.7 Company may alter or vary the Terms and Conditions at any time without notice to you.
  • 7.8 Company hereby caution and advice all its Registered Users, not to use or launch any automated system or program in connection with this Website & Mobile Application or any online ordering functionality.
  • 7.9 Company hereby caution and advice all its Registered Users, not to collect or harvest any personally identifiable information from the Website & mobile application, use communication systems provided by the website & mobile application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website & mobile application with respect to their submissions to the website & mobile application, or publish or distribute any vouchers or codes in connection with the Website & mobile application, or scrape or hack the Website & mobile application.
  • 7.10 These Terms and Conditions together with the Privacy Policy constitute the entire agreement between you and the Company. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on this Website & Mobile Application, these Terms and Conditions shall prevail.
  • 7.11 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
  • 7.12 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India and subject to Mumbai jurisdiction.
  • 7.13 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
  • 7.14 All dealings, correspondence and contacts between us shall be made or conducted in the English language.
• Section 8: Limitation of Liability:
  • 8.1. Great care has been taken to ensure that the information available on this Website & mobile application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website & mobile application will be error free or fit for purpose, timely, that defects will be corrected, or that the app or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website & mobile application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
  • 8.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website.
  • 8.3. Company do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobile via this Website & Mobile Application.
  • 8.4. Company shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
  • 8.5. The information/data offered by its Registered Users and through them any legitimate third party/ies Users for any of their information/data through this Website & Mobile Application have no relation with Polymer Exchange / PWORLD TECHNOLOGY PVT. LTD.. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website & Mobile Application or for any services availed from this Website & Mobile Application.
  • 8.6. Company has taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
• Section 9: CANCELLATION & REFUND POLICY:
  • 9.1. Customer initiated cancellation
  • A.
    1. Any cancellation of contract has to be in terms of applicable provisions of the binding agreement entered into at the time of Registration as a User of Polymer Exchange services.
    2. Registered User will have to inform the administrator of the Polymer Exchange Website / Mobile App in writing, 30 prior to the expiry date, about the cancellation/termination of contract, if it is before the expiry period of subscription. In such a situation, Customer can continue to avail the services on Polymer Exchange Website / Mobile App till the expiry of the contract.
    3. Customer shall be liable to pay for the full amount of consideration as agreed in the contract even for the unexpired period of the contract.
    4. On the last the day of the expiry period, at the end of working hours as per IST, company without serving any further notice, shall discontinue all the access to the Website / Mobile App and the services offered during the contractual period.
    5. Any use of services or authorised access to the services offered by Polymer Exchange, after the expiry period of the contract by the Customer, shall be liable for penal action and available remedy at law, as thought deem fit by the Company.
  • B.
    1. In an event as described in Clause 9.1(A)(i) above, Company shall not be liable to refund to the customer any amount/fees/consideration paid especially for unexpired period of the contract post service of notice for cancellation by the customer.
    2. Customer will not have any claim for refund of amount whatsoever in such situation and decision of the Company shall be binding on the customer and shall be final.
  • 9.2. Company initiated cancellation
  • A.
    1. In an Event, Company prefers to terminate the contract, it shall be within its sole right to do so by giving 30 days prior notice, in terms of the provisions of the agreement and on the expiry of the notice period, the contract will stand automatically terminated without any further action.
    2. In an event of breach of any condition of the contract by the customer, especially of the provisions of the Clauses pertaining to Confidentiality, Payment of Consideration, Company shall have right to terminate the contract at once without recourse to the customer having any say or defence.
  • B.
    1. Cancellation of the contract by the Company as per Clause 9.2(A)(i) above, company will refund the consideration amount pro-rata for the unexpired period of the contract, within 30 days after the expiry of the notice period.
    2. Cancellation of the contract by the Company as per Clause 9.2(A)(ii) above, Company shall not be liable to refund any amounts whatsoever even for the unexpired period of the contract. And Company further reserves right to initiate appropriate action under the law for other remedies including but not limited to damages, penalty, injunction as the Company may deem fit in its discretion.
  • 9.3. In case contract stands terminated/cancelled due to impossibility of performance on the part of the Company and/or Act of God, Company shall not be responsible for any refund of money consideration for the unexpired period of contract.