TERMS OF USE
We value the trust you place in RADCHEM. That is why we insist upon your reading these Terms of Use carefully. The Terms of Use, Privacy Policy, Delivery Policy and the Disclaimer together shall form the entire Terms of Use.
1] WHAT IS THIS DOCUMENT
These terms of use, read together with the privacy policy constitute a legal and binding agreement between you and RADCHEM, having its registered office at 166/A, Baikampady Industrial Estate, Baikampady, Mangaluru- 575 011, Dakshina Kannada, Karnataka, India (“RADCHEM “).
The Agreement, inter alia, provides the terms that govern your access to use (i) RADCHEM’s website www.radchemindia.com (“Site”), and (ii) the purchase of Products, and any other service that may be provided by RADCHEM from time to time (collectively referred to as the “Services”).
You hereby understand and agree that the Agreement forms a binding contract between RADCHEM and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you are advised not to proceed with using the Site or purchasing the Products or using the Services. The terms contained in this Agreement shall be accepted without modification. Your use of the Services would constitute acceptance of the terms of the Agreement.
Throughout this document, “we”, “us”, “our”, “ours” or “ RADCHEM ” refer to RADCHEM and ‘you’ or ‘your’ refers to you (i.e., the User).
2] ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. Also when you place an order as a guest or by registering on the Site, you are accepting these terms of Use. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
3] ELIGIBILITY
Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to RADCHEM that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should RADCHEM be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, RADCHEM reserves the right to deactivate such User’s account without further notice.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
4] COPYRIGHT
Images of people, places and/or products posted on this Site are either the property of RADCHEM or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “RADCHEM Content”) is the property of RADCHEM or its licensors, or affiliates and is protected by law. The compilation of this Site is the exclusive property of RADCHEM and is protected by law. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@radchemindia.com.
5] TRADEMARKS
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to RADCHEM, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of RADCHEM, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
6] LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
7] PRICE AND PAYMENTS
Prices:- The price for Products available for purchase through the Site will be displayed to you on the Site. Any applicable taxes or delivery charges (if any) will be communicated to you before you place an order.
Payments:- The Site currently uses third parties payment gateways such as Razorpay, PayPal etc. to process payments. Our third-party payment processors accept payments through various modes such as credit cards, debit cards, UPI, net banking etc. as detailed on the applicable payment screen.
8] GIFT AND OFFER CODES;
From time to time, RADCHEM may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.radchemindia.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by RADCHEM in its sole discretion. Only valid offer codes provided or promoted by RADCHEM will be honoured at checkout. Codes supplied or promoted by third parties unauthorized by RADCHEM (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by RADCHEM is non-transferable and valid for single use on an item (or items) of merchandise as determined by RADCHEM. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are only valid for purchases made through www.radchemindia.com. RADCHEM is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured.
9] OBLIGATION/DUTY
The user/purchaser shall at the time of delivery of the product, open the packaging in the presence of the delivery agent so as to ensure that the package delivered to him/her is not empty. That any claim by the purchaser citing delivery of empty package (i.e. empty box without the product/article) shall not be entertained by RADCHEM if the aforementioned precaution/procedure is not complied with and RADCHEM shall not to liable in any manner whatsoever if such claims are made without following the said protocol.
That in an event where the package is found to be empty on inspection of the same in the presence of the delivery agent then the purchaser/user shall kindly refuse to accept the delivery and call our Customer Care at +918242959350. or e-mail us at info@radchemindia.com mentioning your order reference number within 24 hours from the time of incident.
10] NO CANCELLATION
Items/products ordered through the Site are not eligible for cancellation i.e., item once ordered cannot be cancelled.
11] REFUND TERMS
The User/customer are entitled for a refund/exchange in the event an incorrect or wrong product has been delivered. It is hereby clarified that notwithstanding anything to the contrary, the user/customer is entitled for an exchange or refund only in case of where an incorrect or wrong product has been delivered and not for any other reason.
In an event of refund or exchange, the user/customer shall raise a refund or exchange request by writing to us at info@radchemindia.com with the photograph of the product, order number, price tag and packaging of the product as received at the time of delivery. Thereafter, if RADCHEM is prima facie satisfied after inspecting and assess the photographs sent along with the exchange/refund request, it shall initiate pick up of the said product. Further, on receipt of the product in question, RADCHEM shall conduct its own verifications and checks with regards to the product sent back and after satisfaction, RADCHEM shall (i) in case of exchange, initiate the dispatch of the correct product to the user/customer’s address or (ii) in case of refund, initiate the refund to the source account from where the user/customer initially paid for the product.
Exchange/Refund for Products shall not be entertained by RADCHEM if:
i. Correct product is delivered;
ii. The price tags, brand tags, box, and original packaging material have been damaged or discarded by the User.
Pick up of the purchased Products for exchange/refund is facilitated through RADCHEM’s reverse-logistics partners or by RADCHEM itself. Upon a User making a request for exchange/refund of Product and the same being duly acknowledged by RADCHEM, RADCHEM or RADCHEM’s reverse-logistics partners shall get in touch with the User in order to collect the purchased Products from the User and delivering it to RADCHEM. While RADCHEM has made reasonable endeavours to ensure delivery and pick-ups across multiple locations in India, currently, RADCHEM has a select list of areas where deliveries and collection can be undertaken by its reverse-logistics partners. In events where RADCHEM is unable to facilitate a pick-up of the purchased Product for exchange/refund from the User, the User is required to self-ship the Product to RADCHEM’s shipping warehouse, the address for which will be intimated to the User upon the User placing such request for exchange/refund. Upon self-shipping the Product to RADCHEM’s warehouse, the User shall be required to scan the courier/postal receipt and email it to info@radchemindia.com for RADCHEM’s records. The aforesaid return by self-shipping the Products is subject to the returned Products passing quality check by RADCHEM.
That self-shipping by the User shall be done only on prior written approval of RADCHEM and in the event where the User claims to have self-shipped the Product in accordance with the process set out in the paragraph above and RADCHEM does not receive the returned Product or the package containing such Product is empty, the User shall be required to submit the ‘proof of delivery’ received from the courier/postal agency to RADCHEM to prove his/her claim of return of Products through self-shipment to RADCHEM. It is specifically clarified that any exchange/refund shall be processed by RADCHEM only upon it receiving the returned Products and concluding required verifications and checks or receiving the ‘proof of delivery’ from the User, as the case may be.
12] WARRANTY
All the products included on or otherwise made available to you by RADCHEM through the Site or otherwise are provided without any representation or warranties, express or implied except otherwise specified in writing.
13] IMAGES
Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site. The images on www.radchemindia.com are copyright protected and shall not be used without prior written consent of RADCHEM.
14] FEEDBACK
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
15] CONTENT YOU SUBMIT TO RADCHEM
From time to time, RADCHEM may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to RADCHEM must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant RADCHEM an unrestricted, assignable, sub licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing RADCHEM and the Products. You further grant RADCHEM a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by RADCHEM through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to RADCHEM the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, wiretap laws or other similar restrictions on non-consensual recording, or otherwise), or (C) require RADCHEM to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content :- You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by RADCHEM in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
Monitoring :- RADCHEM has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. RADCHEM has no obligation to display or post any Reviews. RADCHEM, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
16] USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
· attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
· frame or link to the Site without permission;
· use data mining, robots, or other data gathering devices on or through the Site;
· post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
· disclose personal information about another person or harass, abuse, or post objectionable material;
· sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
· post advertising or marketing links or content, except as specifically allowed by these Terms;
· use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to RADCHEM or others; or
· Access the Site from a jurisdiction where it is illegal or unauthorized.
17] DISCLAIMER
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes:- We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release RADCHEM of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy:- We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined:- “RELEASED PARTIES” include RADCHEM and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
18] ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU 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 RADCHEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF RADCHEM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL NOT EXCEED INR 1,000/-.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any RADCHEM Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
19] DISPUTE RESOLUTION
These Terms and the relationship between you and RADCHEM will be governed by the laws of Karnataka, India without regard to its conflict of law provisions. You and RADCHEM agree that all disputes will be subject to arbitration at Mangaluru, Karnataka in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language and the sole arbitrator shall be appointed by RADCHEM. That you and RADCHEM hereby expressly and irrevocably attorn to the jurisdiction of the courts of Mangaluru with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement. You covenant not to sue RADCHEM in any other forum.
20] TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
21] WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavour to provide you with prior notice of any material changes. Your use of our Site constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.
22] FORCE MAJEURE
RADCHEM will not be responsible for failure to perform in a timely manner under the Agreement when its failure results from events beyond its reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labor disputes (whether of RADCHEM’s employees or the employees of others), raw material shortages and material increases in costs of raw materials. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable RADCHEM to perform.
23] WAIVER
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
24] SEVERABILITY
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
25] ENTIRE AGREEMENT
These Terms constitute the entire agreement between the user and RADCHEM with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
26] GRIEVANCE OFFICER
In accordance with IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Achyut S Tendolkar
Phone: +918242959350.
Email: info@radchemindia.com
Time: Mon-Sat 09:00-17:30