REGISTRATION

Once an individual associated with the organization registers the business and creates the first business user account associated with that organization, the organization has a Business Account with ReM. Individuals who have created the business user account can invite others to join the organization’s Business Account when we launch this feature. Each additional user who joins the organization’s Business Account and purchases or otherwise acts on behalf of the business must create a new business user account that is part of and associated with the organization’s Business Account. Business User Accounts and Business Accounts are only for use by businesses and organizations that are related to businesses. A valid email address is required for users to create a business user account. A user can only create one account per email address unless explicitly permitted. The user must either (a) change the email address and password associated with the existing account, or (b) convert the existing account into a business user account if the user wishes to have only one account (which may make business user account information visible to others as described in Section 2) if the user creates a business user account using the email address and password connected to an existing ReM customer account. Your company will be listed on ReM once you have finished the registration and verification steps for your Business Account.

ACCOUNT MANAGEMENT

Regardless of whether the activities are carried out by you, your employees, or a third party (including your contractors or agents), you are accountable for everything that takes place under the Business Account and any associated business user accounts (if and when applicable). Unauthorized access to your Business Account or business user accounts (if applicable) is not the responsibility of us or our affiliates, except in cases where we violate these Terms. The upkeep of your password’s security is entirely up to you. You are solely responsible for any use or action taken under your password, and you may not disclose it to any third party (other than those authorized by you to use your Business Account or any associated business user accounts, if applicable, in accordance with these Terms). If you think an unauthorized third party is using your Business Account or any associated business user accounts, if applicable, or if your Business Account or any business user account information is lost or stolen, you will get in touch with us right away. Users may be able to invite others associated with your organization to create business user accounts that are linked to the organization’s Business Account and purchase, approve, or act as an administrator on your behalf when we decide to launch this feature. Administrators can administer, manage, or close business user accounts as well as invite other users to join the Business Account. You will be held accountable for everything that users of the Business Account do. You acknowledge that users may have access to shipping addresses, payment methods, and order history from your Business Account and associated business user accounts. It is the responsibility of administrators to ensure that only individuals authorized to act on behalf of your organization are invited to create a business user account that is linked to your organization’s Business Account. Similar capabilities for managing Business Account features and inviting new users to purchase approve, or act as an administrator on behalf of your organization will be available to any user designated as an administrator. You agree that ReM is not liable for the disclosure of your organization’s information or any associated business user accounts to any user associated with your organization and will not be held liable for it. You are solely responsible for contacting ReM through the tools we have designated to have that user’s business user account closed, disabled, or removed from the organization’s Business Account if that user leaves your organization or ceases to be authorized to purchase, approve, or otherwise act on behalf of your organization. Any actions taken or purchases made prior to closing, disabling, or removing the user’s business user account from the organization’s Business Account are your sole responsibility, and ReM disclaims all liability for them. For more information on the consequences of removing a business user account from your organization’s Business Account, please carefully review our ReM FAQs. Please be aware that when a business user account is deleted, it can’t be restored. While associated with the organization’s Business Account, the individual can access the order history for purchases made with an individual payment method. You acknowledge and agree that your organization and designated administrators have full access to and authority over (a) your business user account (with the ability to close or disable your business user account or remove it from the business and convert it into a personal account) and (b) details from your business user account, including but not limited to: your business user account’s order history, addresses, and payment information, among other personal information. By creating a business user account that is linked to an organization’s Business Account, you, as an individual user, consent to the sharing of this information with your organization and its designated representatives. Additionally, you release ReM from any and all responsibility for the information in your business user account that is used by your organization, its administrator(s), and any other users associated with your organization.

VERIFICATION OF BUSINESS AND ORDERS

We may use your company’s name, address, GST/VAT/CST/CIN number, and any other information you provide about your organization or users, as well as any information we may request or determine to be essential for determining your eligibility for ReM. We may inquire to verify the information you provide, either directly or through third parties. We reserve the right to alter purchasing privileges and accept or deny use of ReM at any time. For the purpose of verification, we reserve the right to share any documents or information you provide with third-party sellers who provide particular ReM Business features. To purchase some products, you may need a license, certification, or other credentials. You must provide us with a valid license, certification, or other credential (collectively, the “Credentials”), as determined solely by us, in order to purchase such products. To verify the Credentials, we may use the information you provide as well as account-related information like your business name and address, and we may also ask for additional information from you to assist in that verification. Your ability to purchase such products may be halted or suspended at any time at our sole discretion.

THIRD PARTY SERVICE PROVIDERS

RubberEMart may allow third-party service providers (referred to as “providers”) to integrate with RubberEMart when we decide to launch this feature. You grant ReM permission to disclose account information to the provider if you use such a provider for your Business Account, including but not limited to information about you, your users, your employees or agents, and the orders you and your users place. You acknowledge that the provider’s privacy, data, and security policies will govern this information. You and your users agree that Bar-At will share this information with the provider and that Bar-At will not be held liable for the provider’s use of the information or for Bar-At’s disclosure of it. Any services provided by the provider are not under the control of Bar-At. You agree that Bar-At will not be held liable in any way for your use of the provider, including but not limited to any unauthorized charges you or your employees or agents incur. You are also responsible for the approval of orders placed through ReM, the verification of shipping addresses, and any disputes that may arise regarding orders.

CONTRACTS, WARRANTIES AND REPRESENTATIONS

You warrant, represent, and agree that:

1. a) You are using RubberEMart for business purposes and have agreed not to purchase any products for personal, family, or household use from RubberEMart;
2. b) That your organization is legitimately existing, properly organized, and in good standing in the jurisdiction in which it is registered;
3. c) The person signing these Terms on behalf of your organization possesses all necessary legal authority to bind you;
4. d) You are legally able to sign these Terms, carry out your responsibilities, and grant the rights and authorizations outlined in them;
5. e) That you have always provided ReM or its affiliates with accurate and complete information at all times;
6. f) In carrying out your responsibilities under these Terms, exercising your rights granted to you by them, and purchasing and utilizing any products from rubberemart.com, you and all of your subcontractors, agents, and representatives will abide by all applicable laws, rules, regulations, codes, orders, and other requirements imposed by governmental agencies (collectively “Laws”);
7. g) All users who use business features or make purchases on your behalf are authorized to do so, and all purchases made by these users are your organization’s authorized purchases;

(h) that any Credentials you provide to us, as well as any documentation or other information you provide to us in order to validate such Credentials, are accurate, complete, and reflect your Credential status; additionally, that you will provide updates, additional Credentials, or supporting information as necessary to ensure that all such documentation or information is always current;

1. i) The credential holder is responsible for providing ReM with any credentials and related information, delegating purchasing authority under any credentials, and making purchases using credentials;
2. j) You will only make purchases of goods that call for Credentials in accordance with applicable laws and within the limits of any Credential you provide;
3. k) Any tax-exempt purchases made from business user accounts are paid for with the organization’s funds if your Business Account is associated with a tax exemption certificate;
4. l) You will not use any product purchased from RubberEMart in connection with or to fulfill a central, state, or local government contract or subcontract unless authorized to do so by Bar-At, and you will not do so if doing so could subject Bar-At to any term, condition, obligation, or other provision that is different from or in addition to the provisions of these Terms.
5. m) You promise to use any products purchased from rubberemart.com in accordance with the manufacturer’s instructions and all product information;
6. n) We will not be in violation of any law if you buy products from us and export, sell, or use those products, or otherwise violate our legal status; and (o) you agree to adhere to the Foreign Corrupt Practices Act and the Prevention of Corruption Act of 1988, as well as any other applicable laws, provided that you are not an agent of Bar-At. You guarantee that none of the products you purchase will be used in an illegal manner or made available to a third party for that purpose.

LICENCE

You are granted a limited, non-exclusive, non-transferable, non-sub licensable license to access and use RubberEMart solely in accordance with these Terms, subject to your compliance with these Terms and payment of any applicable fees. The right to resell any RubberEMart feature is not included in this license; any collection and use of prices, descriptions, or product listings; any use of RubbereMart in a derivative way; any copying or downloading of RubberEarth data for the use of another business; or any use of robots, data mining, or similar tools for data collection and extraction. Bar-At, its suppliers, publishers, rights holders, or other content providers reserve and retain all rights not expressly granted to you in these Terms. You are not permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bar-At without the express written consent of Bar-At. You may not reproduce, duplicate, copy, sell, resale, or otherwise exploit any feature or part of RubberEMart for any commercial purpose. RubberEMart may not be misused, nor may meta tags or any other “hidden text” utilizing ReM’s name or trademarks without Bar-At’s explicit written consent. RubberEMart can only be used in accordance with law. If you don’t follow these terms, you lose your license from ReM.

INDEMNIFICATION

You agree to hold us, our affiliates, and their respective officers, directors, employees, representatives, and agents harmless from any loss, claim, damage, settlement, cost, expense, tax, or other liability (each a “Claim”) resulting from or related to (a) any breach of the Terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or willful misconduct. To defend each Claim that has been indemnified, you will use legal representation that is acceptable to us. We may take charge of the defense at our own expense if at any time we reasonably determine that any indemnified Claim could hurt us. Without our prior written consent, which may not be unreasonable withheld, you may not enter into any settlement of a Claim or consent to the entry of a judgment. DATA ON THE PRODUCT; SUITABILITY AND COMPLIANCE OF THE PRODUCT   You should not rely solely on the information on our website, as this may not be accurate. Before using the product, please always read the labels, instructions, and warnings that came with it. ReM does not accept responsibility for the installation and/or use of a product, nor does it guarantee that products will comply with any laws or be suitable for them. To ensure that the installation and/or use of the products comply with applicable laws, you are responsible for reviewing the product application and all applicable laws for each relevant jurisdiction. ReM recommends you to verify the documents provided by the manufacturer and contact Manufacturer for any additional details required. ReM doesn’t take the responsibility of Manufacturer provided details.

SITE AND FEATURES

CREDENTIALS FOR SELLERS. You should carefully examine and validate any certifications and supporting information that you use to make your purchasing decisions. Any diversity, industry, and other certifications that are made available to you are provided by third-party sellers on rubberemart.com and have not been independently verified by Bar-At. Any certifications or supporting information provided by third-party sellers are not our responsibility or our liability. PRICING FOR BUSINESSES. You might get access to discounts for business customers from the sellers. The discounted price will be shown on the detail page in these instances. Regarding these discounts or prices, you agree not to manually copy or use any tools for data mining, scraping, or similar data gathering and extraction.

DISCLAIMER

Bar-At DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE COMPLETENESS OF PROVIDED PRODUCT INFORMATION, AND OUR SOLE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY ANY INACCURACY IN THE PRODUCT INFORMATION IS LIMITED TO REIMBURSEMENT OF THE PRICE PAID FOR THAT PRODUCT. To the fullest extent permitted by applicable law, Bar-At disclaims all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. Additionally, Bar-At disclaims all responsibility for claims resulting from the product’s improper use, selection, installation, modification, removal, or misapplication.

LIMITATIONS OF LIABILITY

Even if Bar-At HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BAR-AT WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS ON RUBBEREMART.COM. In every case, Bar-At’s liability is limited to the purchase price paid for the item that gave rise to the claim.

AGREEMENT

The entire agreement between Bar-At and you is contained in these Terms, the rubberemart.com Conditions of Use, the Privacy Notice, and any applicable RubberEMart terms, conditions, policies, requirements, or limitations. Any term, condition, obligation, or other provision in any order, receipt, acceptance, confirmation, correspondence, or other document that differs from or adds to the terms of these Terms is specifically rejected by Bar-At, and Bar-At will not be bound by it. During the purchasing process, any user-provided purchase order (PO) number or other internal information about your company is only used for internal purchase tracking. Bar-At disapproves of any terms, conditions, obligations, or provisions that differ from or are added to these Terms or the rubberemart.com policies and information.

CHANGES IN AGREEMENT

Without notifying you, we reserve the right to modify these Terms, the Privacy Notice and Conditions of Use for rubberemart.com, or any aspect of RubberEMart at any time. RubberEMart Business’s benefits and features may be enhanced or removed at any time by Bar-At at its sole discretion. Any modification to these Terms that is found to be invalid, void, or unenforceable for any reason is severable and will not affect the validity or enforceability of any other modifications or conditions. After we change these terms, your continued use of Rubbermart signifies your acceptance of the changes. You are required to cancel both your business account and your business user account if you do not agree to any changes.

TERMINATION

When you click to accept these Terms, they take effect immediately and will remain in effect until either you or we terminate them. Without prior notice, we reserve the right to terminate these Terms, access to your Business Account, business user account, and use of any business features. You have the right to end these Terms by closing your account and notifying us. With the exception of any right of action that existed prior to termination, payment obligations, and obligations that are intended to survive termination, including but not limited to, all rights and obligations under these Terms will automatically expire upon termination.

FORCE MAJEURE

We’ll not be liable for any detainments in delivery or failure to perform any of our scores under these Terms by reasons, events or other matters beyond our reasonable control.

CONFIDENTIALITY

You promise to:

1. a) Keep confidential or reasonably confidential information provided by us safe and keep it from being disclosed;
2. b) Limit your use of this information to internal purposes and your use of Business Accounts; and

(c) Promptly destroy or return all such information to us when the Terms expire, and provide written confirmation of such destruction upon request. No matter when you receive the information, this section covers it all. You will not use any of our trademarks, service marks, commercial symbols, or other proprietary rights in any other way, publish press releases or other publicity about us or these Terms, or mention us in promotional materials unless you have our explicit written permission. You may use ReM trademarks only in accordance with the Trademark Guidelines if granted permission.

MISCELLANEOUS

The disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference, govern your use of Business Accounts. Independent contractors make up the parties to these terms. Any person or entity that is not a party to these Terms does not acquire any rights as a third party beneficiary as a result of these Terms. Without our prior written consent, you may not assign these Terms by operation of law or otherwise. The parties and their permitted assigns, as well as their successors and permitted assigns, are bound by these Terms subject to that restriction. One or more of our affiliates may assist us in carrying out any of our responsibilities or exercising any of our rights under these Terms. Any provisions of these Terms that you strictly comply with are not waived by us if we fail to enforce them or any other provision of these Terms at a later time. The validity and enforceability of the remaining provisions of these Terms will not be affected by any provision that is found to be unlawful, void, or unenforceable for any reason. Any provision that is found to be unenforceable will be taken out of these Terms. These Terms will take precedence over the Conditions of Use in the event of a dispute.

TERMS AND CONDITIONS FOR NEFT/RTGS

1) The use of the NEFT / RTGS payment method (also known as “NEFT / RTGS”) for the purchase of goods and services offered by third parties on www.rubberemart.com or the corresponding mobile site or mobile application, i.e. the Business to Business marketplace section of rubberemart.com for registered business customers to purchase products for business purposes (the “RubberEMart Website”), is governed by these terms and conditions (the “Terms”). 2) The Privacy Policy and the Conditions of Use and Sale are in addition to any other terms that apply to your use of the RubberEMart website. These terms will apply only to NEFT and RTGS payments in the event that the Conditions of Use, Sale, and Privacy Policy conflict with them. ReM reserves the right to remove the NEFT / RTGS payment option from the RubberEMart website at any time and without prior notice to you, despite anything contained in this agreement. 3) By using the NEFT/RTGS payment option on the RubberEMart website, you will be considered to have accepted these terms and expressly agree that (a) ReM will not be liable for any loss or damage you may suffer, directly or indirectly, in connection with this facility; b) ReM will not mediate, participate in, or be involved in any disagreements or disputes that arise between you and the bank that you use to process the NEFT or RTGS; these issues should be resolved on your own. 4) If you want to pay for your purchase on the RubberEMart website using NEFT or RTGS, you have to make sure that the necessary amount is transferred to ReM within 12 hours of placing the order. Your order will be canceled and you will need to place a new order for the necessary products or services if your NEFT or RTGS payment is not completed for any reason. The NEFT / RTGS payment method should only be used to pay for your order after it has been placed on the RubberEMart website, not before. 5) If you send money to ReM without an underlying order, such as if the payment you made does not match an order you placed on the RubberEMart website, ReM will try to return the money to the bank account that the NEFT or RTGS was sent from if a corresponding order cannot be found. Although ReM will make every effort to start the refund process as soon as possible after receiving the funds that do not relate to any corresponding orders, it could take up to seven days for the money to be credited to your account. ReM reiterates that while it will do its best to return the funds, it cannot promise or guarantee it. 6) To use the NEFT / RTGS payment option for RubberEMart orders, you must: i) To be able to make the NEFT or RTGS transfer for your order, add Bar-At Technologies Private Limited (hereinafter “Bar-At”) as your beneficiary; and (ii) let your group use shared payment. For additional information, contact: accounts@bar-at.in. 7) For a single order placed on the RubberEMart website, you are not permitted to use NEFT or RTGS from multiple accounts. 8) If a customer transfers a combined amount for multiple orders placed on the RubberEMart website, the cash will be applied at random to the outstanding orders and will not be in any particular sequence or order. 9) The customer must transfer money from a single bank account only for a single order, whether in one or more tranches. The customer cannot map the funds transferred from multiple bank accounts to a single order in the event that they do so for a single order. As a result, the order may be canceled. 10) You will be solely responsible for ensuring that your order’s NEFT or RTGS is sent to the appropriate bank account information. In the event of an error in this regard, ReM will not be held accountable for any losses or damages. 11) While Rem/Bar-At will attempt to recover the transferred amount on a best effort basis in the event that the NEFT or RTGS is made to an incorrect bank account, you acknowledge and agree that this recovery or refund may not be possible due to the fact that the incorrect bank account may not be under Bar-At’s control. You agree to release Bar-At from any and all claims relating to the incorrect transfer in these situations and not hold Bar-At liable for it. 12) If you receive a transfer of funds that you do not own or are not responsible for, you agree not to use those funds and must notify Bar-At immediately of the transfer. You are obligated to reimburse Bar-At for the funds if you have improperly utilized them. 13) You will be responsible for all NEFT/RTGS-related fees, charges, costs, taxes, and levies. 14) Bar-At reserves the right to make any changes to these Terms at any time and without giving you any notice. 15) The NEFT / RTGS payment method, which is made available by third-party sellers on www.rubberemart.com or the corresponding mobile site or mobile application, i.e. the Business to Business marketplace section of rubberemart.com for registered business customers to purchase products for business purposes (the “RubberEMart website”), is subject to these terms and conditions (“Terms”). 16) Without prior notice or liability, Bar-At reserves the right to modify, suspend, halt, or discontinue the facilitation or provision of the NEFT or RTGS payment method on the RubberEMart website.