This document is an electronic record in terms of Information Technology Act, 2000 and rules made the reunder 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 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.polystox.com.

This document is a legally binding agreement between a Seller or a Buyer, as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a commercial purpose only and the Acron International Private Limited (referred to as “we”, “our” or “Polystox” hereinafter).

The domain name Polystox and the applications on Android/IOS under the name of “Polystox” (hereinafter alongwith Platform collectively referred to as the “Platform”) are owned and managed by Acron International Private Limited, a company incorporated under the Companies Act 2013 with CIN: U51909MP2021PTC057560, having its registered address at 78, Sampat Farm Avenue, Bicholi Road, By Pass, Indore MP-452016.

You acknowledge and agree that the Platform is a business to business (B2B) platform and provides services to business entities only.

This document – the Terms & Conditions – (or “T&C”, “User Agreement”, “Agreement” or “Terms of Use for access or usage”) is an agreement between You and the Directors of Acron International Private Limited (hereinafter referred to as “Polystox”; “Us” or “We”). It contains conditions you agree to follow when using/accessing our website or web based or mobile applications, including when you submit requisition or seek details/information and when you view or input content on or into the Platform. By accessing the Platform, the users of the Platform (“You”) signify that you have read and agree to these terms and conditions, including that you have read and give unconditional consent to the Privacy Policy which can be found at privacy policy which is incorporated herein as a part of the covenant, and that you undertake to be governed by the laws of India. Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with/towards Polystox.

1. APPLICABILITY OF TERMS

The Terms and Conditions Agreement applies to you if you: View, Access or use the Platform, and/or seek/provide information/data at the Platform or buy products and services through the Platform.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who accesses the Platform whether for the purpose of viewing the information or to become a buyer/seller on the Platform using the computer systems. Polystox may also allow the User to surf the Platform without registering on the Platform. The term “We”, “Us”, “Our” shall mean Polystox.

When You buy/sell products or use any of the services provided by Us through the Platform (including but not limited to product reviews, price reviews), You will be subject to additional rules, guidelines, policies, terms, and conditions applicable to such sale/buy or service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Polystox Policies (“Policies”) including but not limited to Privacy Policy available on privacy policy as amended from time to time.

2. DISCLAIMER

Use of the Platform is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Polystox at its sole discretion and posted on the Platform, including by way of imposing an additional charge for access to or use of a service(s).

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Platform or buy any product through the Platform. If you are a minor i.e. under the age of 18 years, you shall not become a User at the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. Polystox reserves the right to terminate your use/access/transaction with the Platform if it is brought to Polystox’s notice or if it is discovered that you are under the age of 18 years.

Access or usage of Platform may be chargeable.. Polystox reserves the right to change its Fee Policy from time to time. Polystox reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Polystox.

We May Update This Agreement: Your use of the Platform and the Services is subject to the most current version of the Terms made available on the Platform, at the time of such use. You are requested to regularly visit the Platform to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes incorporated therein. Polystox may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Platform and the Services, provided on the Platform. If no such separate consent is sought, Your continued use of the Platform, following changes to the Terms, will constitute your express acceptance to those changes.

By using this Platform or any facility or service provided by this Platform or transacting through the Platform in any way, and by registering at the Platform by creating an account; You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Platform’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

The term “Service of Polystox” in this terms, wherever they appear, includes all service relating to facilitation of sale and purchase of PVC Resins and other polymers on the platform, including but not limited to related to the goods being offered for sale through the platform, especially PVC resin and other polymers.

3.ABOUT US

The Platform run by Polystox is a Platform that facilitates selling and buying of the PVC Resin. Polystox is a company engaged in providing a platform to the seller of PVC Resin to showcase their products and providing an option to the buyer to place the order on the price mentioned by the seller “B2B” (involving sale to businesses for the purpose of further retail/trade. Hereinafter referred to as “B2B”) markets. The Platform functions as merely an E-CATALOG or electronic representation of the products offered for sale through Polystox, with an added feature of facilitating the sale and ensuring the same is complete.

Polystox does not take any representation or warranty as to quality or consummability of the products whose manufacture hadn’t been in control of the Polystox. The Polystox is not responsible for the products which have become out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at a particular rate the time of placement of order by You.

Manner of Sale – The listings made by a Seller at the Platform, of its goods at a certain price & quantity and quoted “available” for a certain time period, shall constitute a binding covenant for the Seller. The placing of an order by a buyer on a listing at the platform at a certain price & quantity and during the time period it is quoted “available” by the Seller, shall constitute a binding covenant for the Buyer. Once the binding covenants have been constituted for Seller/Buyer (i.e. “Sale being freezed”), neither of them can withdraw/cancel the intended transaction.

Completion of Sale – Upon the binding covenants of buyer and seller getting constituted in the manner as specified in clause 3.3 i.e. the Sale being freezed, in order to facilitate completion of sale, within 3 hours of the following shall be effected:

For Buyer: The Buyer shall be provided with a document containing terms of sale (“Terms of Sale”), which shall be executed by the Buyer by way of affixation of signature (Physically or Electronically) and returned to Polystox within 3 hours of receipt of the terms of sale.

For Seller: The Seller shall be provided with a document containing terms of purchase (“Terms of Purchase”), which shall be executed by the Seller by way of affixation of signature (Physically or Electronically) and returned to Polystox within 3 hours of receipt of the terms of purchase.

The sale/purchase shall be then completed in accordance with the covenants contained in the terms of purchase/sale within 3 days of execution of the terms of purchase/sale, in the following manner:

For Buyer: by way of the Buyer making payment within 24 hours of execution of terms of Sale and lifting the goods from the place of sale (as specified in the terms of Sale) within 3 days of execution of terms of Sale. For Seller: by way of the Seller ensuring the goods are properly packed (as per the specifications/requirements prescribed in the Terms of Purchase) and readily available for sale within 2 days of the execution of terms of Purchase at the place of sale (as specified in the terms of Purchase).

In case the Buyer/Seller requests to cancel/withdraw the transaction, any time after sale being freezed and/or fails to abide by the covenants contained in clause 3.3, 3.4 & 3.5 and the terms of Sale/Purchase, the concerned Buyer/Seller undertakes to be liable to pay a penalty of an amount equivalent to the convenience fee of INR 10,000/- plus a difference in the price of goods been ordered/listed, at the time when the request for cancellation/withdrawal was made to Polystox since the time when the order/listing was made [Penalty = INR 10,000/- plus price difference]. In determination of the amount of price difference the decision of Polystox (which shall be made after keeping in mind the required factors) shall be final and binding on the buyer/seller. The Penalty so required to be paid by the buyer/seller shall be deposited with Polystox by the buyer/seller within 3 days of the determined penalty being communicated by the Polystox. Upon the buyer’s/seller’s failure to deposit the penalty within the prescribed time period of 3 days, there shall be chargeable an interest additionally on the amount of penalty of 12 percent for each day of delay beyond 3 days. In situations of failure to deposit the penalty amount by the buyer/seller with the Polystox, the Polystox shall have all rights and remedies under law to enforce recovery of the said amount from the concerned buyer/seller at the costs, risks and consequences of the concerned buyer/seller.

4. ELIGIBILITY OF USE

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents etc. are not eligible to use the Platform. The Products shall also not be available to any Users who have been suspended or removed from the Polystox’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to access/use the Platform. By accessing and using this Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may access the Platform, through Your legal guardian in accordance with the applicable laws.

Polystox reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Polystox’s notice or if it is discovered that you are under the age of 18 years.
Polystox reserves the right to refuse access to /use of the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.

You shall not have more than one active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring or use of Your Account to another person.

5. USER ACCOUNT, PASSWORD AND SECURITY

Polystox shall enable You to make the requisition for Product available to You through the Platform, only if You have registered with Polystox and have provided certain required User information, including without limitation, name; user ID; email address; address; phone number; password; valid finance account information; GSTIN; and other details and to create an account (“Account”) through Polystox ID. If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Platform requires You to register as a User by creating an Account in order to buy/sell products offered through the Platform. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Polystox of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit / log out from Your Account at the end of each session. You may be held liable for losses incurred by Polystox or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.

The Platform also allows restricted access to the Platform for unregistered Users.

You shall ensure that the Account Information provided by You in the Platform’s registration form is true, complete, accurate and up-to-date.

Use of another User’s Account Information for accessing the Platform is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Polystox has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Polystox has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform by You, apart from taking appropriate legal actions in the courts of law.

You confirm that you are the authorised holder of the credit card or the original account holder of the debit card used in the transactions You make using the Platform. Polystox will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number in using the Platform.

Polystox uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Polystox for the technical administration of the Platform, research and development, and for User administration. In the course of serving advertisements or optimizing products to You, Polystox may allow authorized third parties to place or recognize a unique cookie on Your browser. Polystox does not store personally identifiable information in the cookies.

6. USERS GENERALLY AGREE:

You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Polystox , or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

Polystox may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ websites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Polystox has no control over such third parties’ websites and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such Platforms.

You agree not to undertake any action which may undermine the integrity of Polystox’s feedback system.

You agree that the Services of the Platform shall be availed by you only for commercial purposes that are for sale or purchase for further distribution/sale/commercial consumption.

By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Polystox or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Polystox to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Polystox that you have all the rights, power and authority necessary to grant the above license.

You agree to have gone through the Rule 3 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and understand that the law contained therein is binding upon the Platform and the User in addition to these Terms and Conditions.

7. TRANSACTION BETWEEN BUYER AND SELLER:

Polystox is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, quality/nature of goods on the Platform.

When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the terms of sale and the terms of purchase entered into directly between the Platform and the Buyer/Seller. Buyer/Seller agrees that Polystox cannot and does not confirm each Seller’s/Buyer’s purported identity. Polystox encourages Buyers/Sellers to exercise discretion and caution while dealing with various Sellers/Buyers.

User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. Buyer agrees to purchase the products through the platform for further resale or commercial purpose and the Seller agrees to sell its products through the platform.

For any Services, Polystox does not represent either the Seller or the Buyer in specific transactions. Polystox does not control and is not liable to or be responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. Polystox does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Polystox nor shall Polystox have any obligations or liabilities in respect of any transactions on the Platform. In order to facilitate the sale of the goods, Polystox shall be entering into the terms of purchase and terms of sale with the Seller & the Buyer, which would contain certain obligations for the Seller/Buyer for the sale to be complete.

Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.

8. PRICING INFORMATION AND PAYMENT:

Polystox strives to provide You with information on the best prices possible for the Products shown through Platform. The price shown shall be based upon the prevailing and regularly fluctuating rates of those products fixed by the seller at its sole discretion.

Further:

Polystox reserves the right to refuse to process orders/requisitions from/to Users/Sellers with a prior history of unacceptable conduct (including without limitation breach of any agreements by User/Seller with Polystox or breach of any policy).

The User/Seller acknowledges that Polystox will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Polystox or as per clause 8.2.1.

The pricing/offer/discount rate/cashback are geography specific and may vary in different geographical regions.

9. USER OBLIGATIONS

Subject to compliance with these Terms, Polystox grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Platform.

You agree to use the services, Platform and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product CATALOGs) that You access on the Platform.

You agree not to access (or attempt to access) the Platform and the materials by any means other than through the interface that is provided by Polystox . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not deliberately made available through the Platform.

If Platform requires/allows You to post and upload any information/material on the Platform, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;

Engage in any activity that interferes with or disrupts access to the Platform or the services (or the servers and networks which are connected to the Platform);

Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Polystox server, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of Polystox , including any Polystox Account not owned by You, to its source, or exploit the Platform or service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;

Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; Collect or store data about other users in connection with the prohibited conduct and activities set forth. Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Polystox or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of Platform that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular facility on the Platform;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms including but not limited to any applicable Additional Terms of the Platform contained herein or elsewhere; and

Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

Polystox has no obligation to monitor such communications by You. However, Polystox reserves the right to review materials posted by You and to remove any materials in its sole discretion. Polystox reserves the right to terminate the User’s access to any or all of such services/facilities provided by Polystox at any time without notice for any reason whatsoever.

Polystox reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Polystox’s sole discretion.

Polystox does not control or endorse the content, messages or information found in any communication service and, therefore, Polystox specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user’s participation in any communication service. You agree that You are solely responsible to Polystox and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Polystox or its affiliates or its vendors may suffer) for any such breach.

You agree that Polystox may, at any time, modify or discontinue all or part of the Platform, charge, modify or waive fees required to use the Platform, or offer opportunities to some or all Platform Users.

You agree that the Platform shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Platform, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Polystox profile/ account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

10. USAGE CONDUCT

You shall be solely responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Platform.

You are also under an obligation to use this Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Platform.

You shall use the Platform, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not resell the same to any other person.

11. INTELLECTUAL PROPERTY RIGHTS

The Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by Polystox and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Polystox or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Polystox and/or the relevant third parties that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Polystox owns all intellectual property rights to and into the trademark (Platform), including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Polystox or third party owner of such Content.

12. DISCLAIMER OF WARRANTIES & LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law:

the Platform, services and other materials are provided by Polystox on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Polystox makes no warranty that: the Platform or the services will meet your requirements or your use of the Platform or the services will be uninterrupted, timely, secure or error-free;

the results that may be obtained from the use of the Platform services or materials will be effective, accurate or reliable;

the quality of the Platform, services or other materials will meet your expectations; or that

any errors or defects in the Platform, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Polystox or through or from use of the services shall create any warranty not expressly stated in the terms.

to the maximum extent permitted by applicable law, Polystox will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Polystox also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Polystox will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or any services or materials, either with or without your knowledge. Polystox has endeavored to ensure that all the information on the Platform is correct, but Polystox neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.

Polystox shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.

Polystox shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Polystox’s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Polystox is not responsible for any typographical error leading to an invalid coupon. Polystox accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

You expressly agree that Your access/use of the Platform may involve risk of loss or damage to your data by action of third party beyond the control of Polystox , and the same will be at Your risk.

The Polystox warrants that the products sold through the Platform will reasonably match the description, quality and nature of the product as displayed on the Platform.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Polystox including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Polystox that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Polystox harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to the contrary, Polystox’s maximum liability (if any) to You or anyone else under this Terms or otherwise shall be the refund of the money charged from You for any specific sale/purchase of Product or provision of service, in relation to which the liability arises.

In no event shall Polystox, its officers, partners, employees, or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Polystox has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, services or materials.

The limitations and exclusions shall apply to the maximum extent permitted by applicable law.

14. VIOLATION OF THE TERMS

You agree that Polystox may, in its sole discretion and without prior notice, terminate Your access to the Platform and block Your future access to the Platform apart from taking appropriate legal actions at the courts of law if Polystox determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Polystox , for which monetary damages would be inadequate, and You consent to Polystox obtaining any injunctive or equitable relief that Polystox deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Polystox may have at law or in equity.

You agree that Polystox may, in its sole discretion, and without prior notice, terminate Your access to the Platform, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Platform or any service offered on or through the Platform; or (4) unexpected technical issues or problems. If Polystox does take any legal action against You as a result of Your violation of these Terms, Polystox will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Polystox.

15. TERMINATION

This agreement shall remain in force and stay applicable until the date on which either the User or Polystox ceases the access to the Platform by way of closing the registration permanently. However, certain obligations having post termination impact shall prevail.

16. GOVERNING LAW

These Terms and all transactions entered into on or through the Platform and the relationship between You and Polystox shall be governed in accordance with the laws of India without reference to conflict of laws principles. In the event that any dispute or difference should arise between You and Polystox in performance, interpretation and/or application with respect to the Terms, Privacy Policy or Additional Terms and/or on any matter relating to or arising out of the Terms, Privacy Policy or Additional Terms, the same shall be referred to the Sole Arbitration of an Arbitrator to be appointed by the Polystox whose decision shall be final and binding upon the Parties. Any notice by the Arbitrator to You shall be sent by registered post at the address mentioned by you while registering your account with us, and it will be deemed to be sufficient notice to the Parties. The costs and expenses of the arbitration proceedings shall be borne by You. The sole Arbitrator shall conduct the arbitration proceedings at place and location to be decided by Polystox , in case of such dispute and shall be binding on You. It is also agreed by You that arbitration proceedings would be conducted in English only and in no other language.

You agree that all claims, differences and disputes arising under or in connection with or in relation thereto the Platform, the Terms or any transactions entered into on or through the Platform or the relationship between You and Polystox shall be subject to the exclusive jurisdiction of the courts at Indore, India and You hereby accede to and accept the jurisdiction of such courts.

17. GRIEVANCE MECHANISM

Users may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned below. We will endeavour to resolve your grievances and concerns within timelines as mentioned under applicable laws.

18. GRIEVANCE OFFICER:

Name: Nilay Rathi

Address: 364 Gumasta Nagar, Indore-452009

Contact Details: +0731-4021870; support@polystox.com

REPORT ABUSE

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report to Polystox’s customer support team.

19. PRIVACY POLICY (in addition to privacy policy) 

Polystox views protection of Your privacy as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use the Platform.

Polystox will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or reorganization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Polystox and affiliates of Polystox and Polystox and its affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on www.Polystox.com or with third party merchants or third party merchant’s Platform.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Polystox in respect of the Platform. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

20. GENERAL PROVISIONS

Notice/intimation will be served by email or by general notification on the Platform. Any notice provided to Polystox pursuant to the Terms should be sent to (mail id).

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Polystox’s rights under the Terms are freely transferable by Polystox to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by Polystox to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Polystox of any provision or right.