www.alumiumcircle.com (The “Site”) is
an online resource management center for entire value-chain of global aluminum industry.
The terms & conditions set forth hereafter are applicable to all visitor/members/subscribers
or users of the site.
The Site is owned, designed, hosted and maintained by Global Aluminum Resource Center
Pvt. Ltd. and the name, design, contains and the model are exclusive property of
Global Aluminum Resource Center Pvt. Ltd. and any copy, and reproduction in form
and/or unauthorized access to any data forming part of the site will amount to infringement
of copyright laws and international treaty provisions
The following Terms and Conditions govern the relationship between Global Aluminum
Resource Center Pvt. Ltd. and all Members and the use of the web site located on
the internet at www.aluminiumcircle.com (the "Site"), Global Aluminum
Resource Center Pvt. Ltd. reserves the right to amend and/or supplement these Terms
and Conditions from time to time as it may deem appropriate. Any such change shall
be deemed effective [10] days after posting on the Site, and Members shall be deemed
to have consented thereto by continuing use of the Site after such effective date.
Membership
Three classes of Membership are available under the site: Premium Member, Lead Member
and Primary Member.
Premium Member
A Premium Member has unlimited access to all content, materials, functions, features
and information provided or accessed through the Site (the "Content")
for 365 days (12 months), including the ability to request bids for Products &
services for sale or purchase and to engage in negotiations and close purchase and
sale transactions with other Members in ‘Trade Centers’ on the Site while paying
a annual membership fees of 200.00 USD.
For the complete transaction in the ‘Trade Centers’ the Seller shall pay Global
Aluminum Resource Center Pvt. Ltd.. a commission ("Commission") equivalent
to a percentage of the gross sale price for every sale of Products effected on the
Site clear of all deductions of any nature whatsoever at the rates set forth from
time to time in the Commission Schedule.
Please note that a Member will NOT be allowed to trade in ‘Trade Centers’ on the
Site until it has signed the Member’s Acceptance Form to acknowledge its acceptance
of these Terms and Conditions and this form has been received by the site by either
mail or fax.
Lead Member
A Lead Member has unlimited access to all content, materials, functions, features
and information provided or accessed through the Site (the "Content")
for 90 days (three months), including the ability to request bids for Products &
services for sale or purchase and to engage in negotiations and close purchase and
sale transactions with other Members in ‘Trade Center’ on the Site while paying
a membership fees of 60.00 USD per quarter.
For the complete transaction in the ‘Trade Centers’ the Seller shall pay Global
Aluminum Resource Center Pvt. Ltd. a commission ("Commission") equivalent
to a percentage of the gross sale price for every sale of Products effected on the
Site clear of all deductions of any nature whatsoever at the rates set forth from
time to time in the Commission Schedule.
Please note that a Member will NOT be allowed to trade in ‘Trade Center’ on the
Site until it has signed the Member’s Acceptance Form to acknowledge its acceptance
of these Terms and Conditions and this form has been received by the site by either
mail or fax.
Primary Member
A Primary Member has free access to ‘ News Room’, ‘Expo Center’, ‘Link Room’, ‘Event
Calendar’ and ‘Discussion Forum’ but no access to ‘Directory Center’.
A Primary Member is entitled for limited access in other areas on the Site.
A Primary Member can enter and view the highlights and can download the concern
details against online payment on item-to-item basis in following areas on the site,
- Business Center
- Report Center
- H. R. Center
- Service Center
To participate in any transaction of ‘Trade Center’, Primary Member has to make
a special request to the Site Authority with due details as mentioned in the ‘Trade
Centers’
Please note that a Primary Member will NOT be allowed to trade in ‘Trade Center’
on the Site until it has signed the Member’s Acceptance Form to acknowledge its
acceptance of these Terms and Conditions and this form has been received by the
site by either mail or fax.
Privity of Membership
In respect of all the above types of membership, the same is strictly for the use
of the subscriber/member only and the same cannot under in no circumstances be transferred,
assigned, or licensed to any third party/person/entity.
The membership is deemed to have been entered into at Calcutta, India and the laws
of India will govern such memberships. Any dispute arising out of or in any way
affecting the membership including interpretation of any of the terms are to be
referred to arbitration under the Arbitration and Conciliation Act 1996 at Calcutta
before the sole Arbitrator.
For the complete transaction in the ‘Trade Centers’ the Seller shall pay Global
Aluminum Resource Center Pvt. Ltd.. a commission ("Commission") equivalent
to a percentage of the gross sale price for every sale of Products effected on the
Site clear of all deductions of any nature whatsoever at the rates set forth from
time to time in the Commission Schedule.
Membership: Benefit Comparison
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Different Sections & Member Services
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Premium Member
(200 USD For 365 Days)
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Lead Member
(60 USD For 90 Days)
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Primary Member
(Free)
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News Room
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Unlimited Access
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Unlimited Access
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Free Access
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Directory Center
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Unlimited Access for 365 days from the
date of the membership confirmation.
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Unlimited Access for 90 days from the
date of the membership confirmation.
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No Access
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Expo Center
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Unlimited Access
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Unlimited Access
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Free Access
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Business Center
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Unlimited Access for 365 days from the
date of the membership confirmation.
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Unlimited Access for 90 days from the
date of the membership confirmation.
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Limited Access.
Can view the highlights of the business
enquiries and against online payment on item-to-item basis primary members can also
download the transactional details corresponding to respective enquiry highlights
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Trade Center
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Unlimited Access for 365 days from the
date of the membership confirmation.
Rate of commission on transaction for
different categories of products & goods are available with membership form
in details
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Unlimited Access for 90 days from the
date of the membership confirmation.
Rate of commission on transaction for
different categories of products & goods are available with membership form
in details
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Limited Access.
Can view the highlights of the business
enquiries but the participation in any transaction of Trade Center is subject to
due satisfaction of Site Authority against Primary Member’s special request to the
Site Authority.
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Report Center
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Unlimited Access for 365 days from the
date of the membership confirmation.
Premium Members can also buy Books/Reports/
Directories available in the stores against
online payment on item-to-item basis.
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Unlimited Access for 90 days from the
date of the membership confirmation.
Premium Members can also buy Books/Reports/
Directories available in the stores against
online payment on item-to-item basis.
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Limited Access.
Can view the highlights of available Books/Reports
/Directories and can also buy those against
online payment on item-to-item basis.
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H. R. Center
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Unlimited Access for 365 days from the
date of the membership confirmation
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Unlimited Access for 90 days from the
date of the membership confirmation
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Limited Access.
Can view the highlights of the enquiries
on Human Resource and against online payment on item-to-item basis primary members
can also download the transactional details corresponding to respective enquiry
highlights
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Link Room
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Unlimited Access
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Unlimited Access
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Free Access
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Service Center
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Unlimited Access for 365 days from the
date of the membership confirmation.
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Unlimited Access for 90 days from the
date of the membership confirmation.
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Limited Access.
Can view the highlights of the enquiries
focused on service and against online payment on item-to-item basis primary members
can also download the transactional details corresponding to respective enquiry
highlights
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Event Calendar
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Unlimited Access
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Unlimited Access
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Free Access
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Discussion Forum’
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Unlimited Access
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Unlimited Access
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Free Access
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Website Access
The site is controlled by Global Aluminum Resource Centre Pvt. Ltd. from its offices
at Kolkata, India. Those who visit the site from other locations shall do so on
their own initiative and are responsible for compliance with all applicable laws.
Access to the Site is through a combination of a unique User ID (user identity)
and user password. Each Member shall keep its Passwords strictly confidential and
shall not allow and/or permit any of them to be used by other parties. Each Member
shall promptly notify the site authority of any unauthorized use or loss of its
Password or any other breach of security. Each member acknowledges that he/it shall
be responsible for all activity occurring through the use of a member’s account
and/or password.
Global Aluminum Resource Centre Pvt. Ltd. disclaims any liability and/or responsibility
for any loss resulting and/or arising from unwarranted disclosure member information
of any sort whatsoever. Any member under the age of 18 years, will not be entitled
to register as a member of the side and cannot undertake any activity whatsoever
under the site. Such persons would be considered as incompetent to contract within
the meaning of the Indian Contract Act 1872 including undischarged insolvents, lunatics
etc. and hence are not eligible to register as member in this site.
Each Member shall provide with a list of persons ("Authorized Persons")
to the site authority who are authorized to represent it in taking part in the sale
and purchase of Products specially in ‘Trade Centers’ on the site. The Member may
update the list of Authorized Persons and so inform to the site authority from time
to time. No transaction will be validated unless the Passwords of the relevant Authorized
Person are used.
To protect the integrity of transactions through electronic commerce Global Aluminum
Resource Centre Pvt. Ltd. may refuse to accept any application for membership in
its sole discretion and may limit a member’s use of the site or the services if
such sue is detrimental to the interest of Global Aluminum Resource Centre Pvt.
Ltd.
Information Posted
on the Site
All Members are allowed to post information on the Site provided that they shall
bear all responsibility and liability for all information so posted, the site authority
shall have no obligation to monitor and/or scan through the contents and/or the
information as the Members may post on the Site. Notwithstanding the foregoing,
the site authority reserves the right to remove and/or take such other action as
it may deem appropriate with respect to such information in its sole discretion.
All information posted on the Site must comply with the Member Conduct Rules
posted on the Site, as amended by the site authority from time to time.
Trading on the Site
THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED
AS TO (i) THE IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER OF PRODUCTS, (ii) THE
QUALITY OF THE PRODUCTS, THEIR AUTHENTICITYOR (iii) THE ABILITY OF EITHER THE SELLER
OR THE BUYER TO SELL, BUY OR TO COMPLETE THE SALE AND PURCHASE OF PRODUCTS THROUGH
THE SITE. Members are advised to set up their own guidelines and criteria
to determine the companies with which they wish to do business, and the site authority
assumes no responsibility whatsoever in relation to the sale and purchase of Products
between the Members on the Site.
It is understood that the site is not involved in the actual sale and purchase of
Products between Members and has no knowledge or control as to the truth or accuracy
of postings or the ability of Sellers to sell or Buyers to buy Products on the Site.
Each Member agrees that the site, its agents and employees shall be released from
all Damages (as defined below) arising out of or in any way connected with any dispute
between Members as to the purchase or sale of Products. the site authority shall
have the right, and is hereby expressly authorized, to release to any Member any
records, information or evidence relating to any transaction involving such Member
made on the Site, without any liability on the site’s part to any party to such
transaction or any other person.
Transaction Rules
Any Member offering Products for sale (a “Seller”) or any memberresponding to an
inquiry for purchase of Products and any Member responding to an offer to sell Products
or posting an inquiry for purchase of Products (a "Buyer") and every transaction
between Buyers and Sellers and/or intending buyes or intending sellers on the Site
are subject to the Transaction Rules which may be changed by the site authority
from time to time.
Links to Third Party
Websites
Links on this site to third party websites are provided solely as a convenience
to you. By using these links the user will leave this site. This site and/or its
owners/promoters have not reviewed all of these third party sites and do not control
and is not responsible for any of these sites and/or their contents. Thus this site
does not endorse or make any representations about them, or any information, software
or other products or materials found there or any results that may be obtained from
using them. If any of the members decide to access any of the third party websites
linked to this Site, they may do so entirely at their own risk.
Link to this site
Links can be created to this Site from other sites, but only in accordance with
the applicable laws and the terms and/or guidelines as mentioned below.
Guidelines for linking to this website
A site that links to this website:
- May link to but not replicate this site’s content
- Should not create a browser or border environment around this site’s content
- Should not imply that this site is endorsing it or its products
- Should not misrepresent its relationship with this site
- Should not present false information about this site’s products or services
- Should not use the this site’s logo without permission
Should not contain content that could be construed as distasteful, offensive or
controversial, and should contain only content that is appropriate for all age groups
Intellectual Property
Each Member acknowledges and agrees that all data developed or collected by the
site authority in connection with the operation of the Site and the transactions
conducted thereon shall be the exclusive property of the site. All third party content
published or posted by the site authority on the Site is the property of the respective
copyright owners and no Member is permitted to copy and/or distribute such contents
for commercial purposes in any manner whatsoever. Any Member copying or distributing
third party content and/or making any unauthorized use of such content, shall be
liable for legal consequences and the site authority shall have no responsibility
thereto. To enable the site to use such information as the Members may provide and
data developed or collected by the site in connection with the operation of the
Site and the transactions conducted thereon, each Member grants to the site a non-exclusive,
worldwide, perpetual, irrevocable royalty-free right to exercise the Member's copyright
and publicity right in any information so provided as the Member shall have in any
media now known or later developed.
Use of Data
Each Member confirms that it has reviewed and accepted the terms contained in the
site’s Members Privacy Policy .
For the purposes of any applicable privacy law, each Member hereby undertakes to
use of any data supplied by it for the site’s own internal use, administration,
audit, security, debt recovery and direct marketing purposes, to the site’s supplying
such data to other group members of the site, the Value Added Providers or selected
third parties to use for such purposes, and to the site’s supplying such data to
such third parties as may be necessary for its business from time to time. Each
Member consents to any such data being transferred to another jurisdiction outside
India that may not have similar laws and legislation protecting such data.
For the avoidance of doubt and without limitation to the foregoing, data held by
the site relating to each Member will be kept confidential but the site may provide
such data (including the details and particulars of Members, contract terms, Product
specifications, pricing information and related items pertaining to the sale and
purchase of Products on the Site) to (i) any agent or Value associate who provides
services to the site in connection with the operation of its business; (ii) any
person under a duty of confidentiality to the site who has undertaken to keep such
data confidential; (iii) any actual or proposed assignee or transferee of the site’s
rights in respect of such Member; and (iv) any government department. Each Member
hereby expressly authorizes, directs and instructs the site to release, disclose
and make available such data as and in the manner described above.
Value added services
The site may offer, nominate and/or make available, from time to time to the members
certain services which may be collectively termed as value added services provided
to the members in relation to their transactions and/or activities on the site.
The site does not take any responsibility as to the utility, accuracy, reliability
of such value added services offered to the members in any manner whatsoever. All
members acknowledge and confirm that: (i) Global Aluminum Resource Centre Pvt. Ltd.is
not the provider of such value added services; (ii) The service providers are independent
contractors separate and distinct from Global Aluminum Resource Centre Pvt. Ltd.
inter alia having their own rules, policies and limitations; (iii) Global Aluminum
Resource Centre Pvt. Ltd. reserves the right to stop any such existing value added
service/s and/or implement any new value added service/s at any point of time without
prior intimation to the member/s.
The day-to-day activities and/or business of the site shall be independent and distinct
from such value added services and the acceptance of such services by the members
will be solely at the discretion of the members intending to avail of such services.
Termination of Membership
Either the site or a Member may terminate the Member's Membership at any time, effective
immediately upon giving 15 days notice to the other party. Neither party shall have
any liability of any kind for any consequences of such termination. Upon termination
of its Membership, a Member and its Authorized Persons will lose the right to carry
out any activity whatsoever and/or sell and purchase Products on the Site specially
in ‘Trade Centers’, except for any outstanding binding transactions to which such
Member is a party as of the termination of its Membership, which shall be completed
through the Site, but the site shall not take any responsibility as to the authenticity
of such transactions ance the membership is terminated. Allowing such outstanding
binding transactions will be at the sole discretion of the site and the same shall
be case specific. Termination of membership would have immediate effect and a member
would be discharged of all duties and/or liabilities but the same shall be subsequent
to payment and/or settlement of all outstanding dues, commissions, or any other
amounts payable to the site or to any other member/s. The termination shall become
effective upon fulfillment of the above within the fifteen days notice period. Immediately
upon termination of its Membership, the Member shall have no right, or authority
to avail of any of the facilities of a member in any manner whatsoever.. If a member
(Premium or Lead) chooses to terminate its membership, the membership fees are not
refundable under any circumstances. The membership is not transferable.
Indemnification
Each Member agrees that it will indemnify, defend and hold the site, its officers,
directors, employees and agents (collectively "Indemnified Parties") harmless
from and against any and all Damages (as defined below) incurred by any of the Indemnified
Parties in connection with any claims arising out of, based upon or resulting from
any breach by such Member of these Terms and Conditions or any applicable law, any
use by the Member of the Site or any dispute with another Member and/or any other
party duly authorized to transact and/or conduct business under the site. The site
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by such Member, and such Member
shall not in any event settle or otherwise dispose of any matter without the prior
written consent of the site authority.
Disclaimer
The views expressed here are strictly personal and this site does not necessarily
subscribe to them. Endeavour shall be made to upload/publish as many of the comments
that are submitted as possible within a reasonable span of time, but this site does
not guarantee that all comments that are submitted will be uploaded/published. Messages
that harass, abuse or threaten other members; have obscene, unlawful, defamatory,
libellous, hateful, or otherwise objectionable content; or have spam, commercial
or advertising content or links are liable to be removed by the editors. The site
also reserves the right to edit the comments that do get published. No private information
may be posted unless it is required to be made publicly available.
Disclaimer of Warranties
THE SITE PROVIDES THE CONTENT ON AN "AS IS", "AS AVAILABLE" BASIS
WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND THE SITE HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY,
TITLE OR NON-INFRINGEMENT. THE SITE DOES NOT WARRANT THAT THE SITE OR THE CONTENT
WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE SITE MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET MEMBERS' REQUIREMENTS,
AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT ANY POSTED PRODUCTS WILL
BE PURCHASED OR SOLD. IF A MEMBER IS DISSATISFIED WITH THE SITE, THE CONTENT OR
ANY SERVICES ON THE SITE, ITS SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE.
THE SITE MAKES NO WARRANTY REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH
THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY ANY MEMBER FROM THE SITE OR THROUGH THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EACH MEMBER AGREES AND ACKNOWLEDGES
THAT THE USE OF THE SITE IS AT MEMBER'S SOLE RISK.
For the avoidance of doubt and without limitation to the foregoing, the site makes
no warranty that economic reporting, information, material or data contained on
the Site, or on any hyperlinks, links from the Site, is accurate, reliable or up
to date, and shall have no responsibility for any Damages (as defined below) arising
directly or indirectly from reliance thereon.
Limitation of Liability
THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE
OR THE CONTENT, INCLUDING THE LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS
OR LOST SALES EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ANY COSTS ARISING THEREFROM (COLLECTIVELY, "DAMAGES"). IN THE EVENT
OF THE SITE BEING HELD LIABLE UNDER THE PROVISIONS HEREOF, SUCH LIABILITY FOR ANY
AND ALL DAMAGES ARISING OUT OF OR RELATED TO ANY POSTED ITEM SHALL BE LIMITED TO
AND IN NO CIRCUMSTANCES EXCEED US$100 OR EQUIVALENT INR.
For the avoidance of doubt and without limitation to the foregoing, each Member
agrees that neither the site nor any officer, affiliate, director, shareholder,
agent or employee of shall be liable to such Member or any third party for Damages
resulting directly or indirectly from or otherwise arising from or in connection
with any of the following:
a)the termination of such Member's membership by the site whether with or without
cause under the terms hereof;
b) the interruption, suspension or termination of the Site for whatever reason;
c) the use of the Site and the Content by such Member, including Damages resulting
from or arising from such Member's reliance on the Site or any mistakes, omissions,
errors, defects or delays in operation, non-deliveries, mis-deliveries, or any failure
of performance on the Site;
d) any unauthorized party's obtaining and/or using a Member's Passwords, and any
reliance by the site on the list of Authorized Persons provided to the site and
on the actions taken and the representations made (or purporting to be taken and
made) by such Authorized Persons using the appropriate Passwords;
e) any allegation, suit, claim or other proceeding based upon a contention that
the use of the Site and the Content by such Member or a third party infringes the
copyright, patent, trademark, trade secret, privacy, confidentiality or other intellectual
property rights or contractual rights of any third party;
f) any information posted on the Site or on any hyperlink from the Site being incorrect,
untrue, misleading or forged;
g) the failure or alleged failure of any Product purchased to conform to any specifications
or terms;
h) the breach or alleged breach of any warranty, express or implied, or any other
breach of covenant or failure of performance by any party relating to any Product
purchased or sold; or
i) government restrictions, strikes, war, any natural disaster or force majeure,
default or failure to perform by the site’s contractors or suppliers, or any other
condition beyond the site's control.
Governing Law
The laws of India shall govern these Terms and Conditions. Each Member agrees that
any controversy or claim arising out of or relating to these Terms and Conditions
and the relationship between the site and the Members shall be referred to arbitration
under the Arbitration and Conciliation Act 1996India before a sole Arbitrator. All
disputes and/or differences will be arising inter se between the site and the members
shall be subject to the jurisdiction of the Courts of Calcutta.
Trademark – Applicable
Domains
- www.aluminumcircle.com
- www.aluminiumcircle.com
- www.bauxitecircle.com
- www.aluminacircle.com
- www.primaryaluminumcircle.com
- www.downstreamaluminumcircle.com
- www.secondaryaluminumcircle.com
Miscellaneous Provisions
Submissions. Any comments, feedback, ideas, suggestions, information, know-how,
material, or any other submissions disclosed or offered by Members to the site using
the Site or otherwise (collectively, "Submissions") are not confidential
and shall become and remain the property of the site. Any such Submissions shall
be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive
right and license for the site to publish, reproduce, distribute, copy, use, create
derivative works, display (in whole or part) or otherwise act on such Submissions
without additional approval or consideration, in any media now known or later developed
for the full term of any rights that may exist in such Submissions.
Taxes. the site assumes no responsibility to calculate, report or remit sales
or use taxes which may be assessed, due or owing to the taxing authorities of any
jurisdiction for transactions that arise in connection with the Member's use of
the Site.
Default Interest. Any amount that is not paid within 15 days of its due date
will bear interest at the rate of 18% per annum (from the original due date until
the date of payment), or the maximum rate allowed by applicable law, which ever
is less.
Notices. Except as explicitly stated otherwise, notices shall be given in
the case of the site, by e-mail to info@aluminiumcircle.com, by fax to +91 33 2249
9511 or by mail to Global Aluminum Resource Center Pvt. Ltd., 30D Jawaharlal Nehru
Road, Kolkata 700 016, India for the attention of Customer Services Support, the
site, or, in the case of a Member, by e-mail, fax, mail or delivery to the Member's
e-mail address, fax number or mailing address (as provided by the Member to the
site during the registration process or as later notified by the Member). Notice
shall be deemed effective 24 hours after an e-mail or fax is sent, or, in the case
of mailing or delivery, one day after the date of receipt.
No Waiver. The failure by the site to exercise or enforce any rights or provisions
of these Terms and Conditions shall not constitute a waiver of such right or provision.
Limitation of Actions. Each Member agrees that any cause of action arising
out of or related to the Site or these Terms and Conditions must commence within
one year after the cause of action arose; otherwise, such cause of action is permanently
barred.
Entire Agreement. These Terms and Conditions, as amended or supplemented
by the site from time to time, comprise the entire agreement between Member and
the site and supersede all prior agreements between the parties regarding the subject
matter contained herein.
Survival. All provisions in these Terms and Conditions regarding representations
and warranties, indemnification, disclaimers and limitations on liability shall
survive any termination of a Member's Membership.
Relationship. The relationship between the Members and the site is that of
independent contractors. Nothing herein contained shall constitute or create any
relationship of agency, partnership, joint venture, employer-employee or franchiser-franchisee
between the site and any Member (whether it is a Buyer or Seller).
TRANSACTION RULES
These Transaction Rules were posted on April 01, 2006 with the special reference
to the transactions in ‘Trade Centers’ and are effective from such date.
Any Member who wishes to sell Products & Services (a "Seller") or
to buy Products & Services (a "Buyer") on or through the Site shall
do so in accordance with the following rules and procedures :-
a) Initiating Offers to Sell.
(i) The Seller may offer Products & Services for sale on the Site (an "Offer")
by completing the online "Offer Form" with all relevant information about
the Products to be sold, the category of buyers who are to receive the Offer, the
desired selling price and other terms and conditions of sale. The Offer will be
forwarded to the category of buyers nominated by the Seller on the "Offer Form".
(ii) Each Offer will be deemed an invitation for firm bids on the Products covered
thereby. Buyers may browse through the "Offers" located in the Trade Center
and may place a firm bid for the Products & Services (a "Firm Bid")
by completing a "Bid Form" which constitutes a Firm Bid for the purchase
of the Products.
(iii) After receiving ‘Bid Form” for respective "Offer Form” , if needed site
authority may mediate & negotiate between buyer & seller offline to facilitate
the process to ensure a successful transaction..
b) Initiating Inquiries to Buy.
(i) The Buyer may make inquiries to purchase Products & Services on the Site
(an "Inquiry") by completing the online "Inquiry Form" with
all relevant information about the Products to be purchased, the desired purchase
price, the category of sellers who are to receive the Inquiry and other terms and
conditions of purchase. The Inquiry will be forwarded to the category of sellers
nominated by the Buyer on the "Inquiry Form".
(ii) Each Inquiry will be deemed an invitation for firm offers on the Products covered
thereby. Sellers may browse through the "Inquiries " list located in the
Trading Center and may place a Firm Offer for the Products by completing a "Offer
Form", which constitutes a firm offer to sell the Products.
(iii) After receiving ‘Offer Form” for respective "Bid Form” , if needed site
authority may mediate & negotiate between buyer & seller offline to facilitate
the process to ensure a successful transaction..
c) The Seller shall pay Aluminum Resource Center Pvt. Ltd. a commission ("Commission")
equivalent to a percentage of the gross sale price for every sale of Products effected
on the Site clear of all deductions of any nature whatsoever at the rates set forth
from time to time in the Commission Schedule.
(i) Unless otherwise agreed by the site, the Commission is payable in U.S. Dollars
and is due for payment in full on the earlier of (A) 21days after shipment of the
Products and (B) 30 days after the sales are effected on the Site.
(ii) The site reserves the right to change the Commission Schedule at any time by
posting a revised Commission Schedule on the Site, such changes to be effective
as to all transactions entered into 10 days after such posting.
(iii) The Seller and the Buyer shall forthwith inform the site in writing of any
change in the terms and conditions of the sale of Products effected on the Site.
Should there be a subsequent increase in the total sale price for the sale of Products
as a result of a change in the terms and conditions of the sale, the site shall
have the right to charge the Commission based on the increased sale price.
d) If a Member withdraws or modifies an item (a "Posted Item") posted
on the "Offer Form", "Bid Form", "Bid Form" or "Inquiry
Form" (as the case may be) after posting it, the Member shall be liable to
pay Global Aluminum Resource Center Pvt. Ltd. a penalty in the amount of US$500
for each withdrawn or modified Posted Item, unless such withdrawal or modification
is previously approved in writing, and the penalty waived, by the site in its sole
discretion in the light of special circumstances. The penalty shall be payable within
seven days after any change and/or withdrawal of the Posted Item is effected.
e) Any legal consequences and/or responsibilities arising from a Seller's failure
to sell, or from a Buyer's failure to purchase, the Posted Item after a Transaction
has occurred shall be borne by the defaulting Members absolutely and the site shall
under no circumstances be held liable therefor nor shall the Seller's obligations
to pay the Commission be affected thereby.
f) Each Member shall:
(i) keep all transactions confidential among the Seller, the Buyer and the site;
(ii) not manipulate the price of any Products offered for sale on the Site whether
directly or indirectly;
(iii) keep its Password confidential within the Member's own organization;
(iv) forthwith inform the site of any change in the Authorized Persons or in such
other information as the Member has or is obligated to provide to the site; for
the avoidance of doubt, the site shall not be held liable for any consequences arising
from the failure of the Member to inform the site of such changes change in the
Authorized Persons and/or in such other information.
g) Firm Bids for the sale and firm offers for the purchase of Posted Items on the
Site may be made in U.S. Dollars, Euro or Indian Rupees.
h) By posting a Posted Item, each Member is deemed to have given the following representations
and warranties:
(i) the Information is accurate, complete and (in the case of a Seller) truly represents
the state and condition of the Products covered by the Posted Item throughout the
period until the expected sale date;
(ii) no Posted Item shall be fraudulent or counterfeit;
(iii) if a Seller, it has the legal right and capacity to sell the Products covered
by the Posted Item through the Site; if a Buyer, it has the legal right and capacity
to buy the Products covered by the Posted Item through the Site;
(iv) the payment of the Commission to Global Aluminum Resource Center Pvt. Ltd.
will not cause the site to violate any applicable laws, rules, statute, ordinance
or regulations; and
(v) the Products covered by the Posted Item will not infringe any third party's
rights, including copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy.
The site reserves the right to revoke and/or deny the access privileges of any Member
that fails to conduct business in an honest and fair manner or abide by applicable
laws or that engages in activities or practices with an intent to manipulate the
Site or that fails to act in accordance with the Transaction Rules.
j) The site shall have no obligation to monitor, review, edit, supervise or remove
any material or content posted by a Member to the Site. Each Member posting a Posted
Item on the Site shall be held liable for all consequences arising from the Information
therein and under no circumstances will the site assume any responsibility in respect
thereof. No representation or warranty of any kind either express or implied as
to the accuracy of Posted Items shown on the Site or with respect to the Products
covered thereby is given by the site.
COMMISSION RATE SCHDULE
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Commission rates for trading *
Effective Date : April 01, 2006
Products
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Raw Materials & Chemicals
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0.30%
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Semi finished products
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0.60%
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Finished products
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0.50%
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Others
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0.70%
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* Commission rates are always payable
by the seller.
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MEMBER CONDUCT RULES
These Member Conduct Rules were posted on April 01, 2006 and are effective
from such date.
At all times, by utilizing the Site, each Member agrees to comply with the following
Member Conduct Rules with respect to the Site:
a) not to upload, post or transmit to or distribute or otherwise publish:
i) any unlawful, threatening, harassing, obscene, pornographic, profane or other
offensive material;
ii) any material which would restrict and/or inhibit other Members from using and
enjoying the Site;
iii) any material containing a virus or other harmful component that may affect
the functionality of the Site or may damage, interfere with, intercept or expropriate
any system data or information;
iv) any material protected by intellectual property including copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy)
unless the Member owns or controls the rights thereto or has received all necessary
consents; or
v) any untrue, incorrect, deceptive or misleading material, or any defamatory, libelous,
threatening or harassing material, or any other material which would amount to an
offence, violate any applicable law or regulation, or give rise to a civil liability.
b) not to upload, post, publish, reproduce or distribute any information or other
material obtained through the Site for commercial purposes other than effecting
Sales on the Site;
c) not to gain or attempt to gain unauthorized access to other computer systems
through the Site;
d) not to tamper in any way with the software or functionality of the Site or use
the Site in any way that could damage, disable, overburden or impair the Site or
interfere with any other Member's use of the Site;
e) not to invade any Member's privacy or to disclose confidential information of
any Member;
f) not to use the Site for any purpose that is unlawful or prohibited by applicable
laws and regulations or by the Membership Agreement;
g) to pay and discharge all applicable governmental tariffs, operating charges,
assessments and taxes payable in respect of its use of the Site; and
h) to comply with the Membership Terms and Conditions.
PRIVACY POLICY
ALUMINUMCIRCLE MEMBERS PRIVACY POLICY
April 01, 2006
Commitment to Privacy
To extend the site’s commitment to provide the highest level of integrity in dealing
with its Members, the site has developed Members Privacy Policy. The policy is designed
to assist Members in understanding how the site uses and safeguards the Members'
personal information.
Use of Information
The purposes for which Members' personal information may be used are as follows:
(i) ensuring ongoing credit worthiness of the Members;
(ii) conducting credit checks;
(iii) assisting Value Added Providers to conduct credit checks;
(iv) determining the demographics of the users which demographics will always represent
aggregate information and never identify a specific user;
(v) complying with the requirements to make disclosure under the requirements of
any law binding on the site;
(vi) distributing statistics and general marketplace information of the site;
(vii) direct marketing of the products or services of the site and group members
of the site;
(viii) the daily administration and operation of the services provided by the site
to Members; and
(ix) purposes relating to the above.
Keeping the personal information confidential
All Members' personal information held by the site will be kept confidential provided
that the site may disclose or release such information to the following persons
or corporations whether or not they are in Hong Kong under the following circumstances:
(i) where disclosure or release is made to any agent, contractor, Value Added Providers
or third party service provider who provides administrative, credit check, telecommunication,
computer or other services to the site or each member in connection with the operation
of its business;
(ii) where disclosure or release is made to any actual or proposed transferee or
assignee of the site, participant or sub-participant or transferee or assignee of
the site 's rights in respect of the Members;
(iii) where certain commercial data may be extracted and used in an aggregated form
which no individual user, company or transaction data will be available from the
aggregated data;
(iv) where disclosure or release is made to other group members of the site; and
(v) where any other person under a duty of confidentiality to the site which has
undertaken to keep such information confidential.
Members' Rights
All Members of the site will have the right to:
(i) check whether the site holds data about the Member and the right of access to
such data;
(ii) require the site to correct any personal information or data relating to it
which is inaccurate and to obtain a copy of such data subject to the payment of
a reasonable charge; and
(iii) ascertain the site 's policies and practices on personal information and data.
The person to whom requests for access to personal information or correction of
personal information or for information regarding the site 's policies or practices
on personal information and data may be addressed to the attention of the Data Protection
Officer at info@aluminumcircle.com.
Choice/Opt out
All Members of the site may opt out of receiving future mailings by sending an e-mail
with their name to info@aluminumcircle.com.
Discussion Forum
Any information disclosed in the discussion forums and/or news group of the site
becomes public information and the site will not be held responsible for the privacy
practices or the content in respect thereof.
Security
The site has implemented multiple security measures to protect the loss, misuse
and alteration of any information and/or data under the site 's control. The physical
server is protected full-time by both a full lockdown and human guards.
Updates to this Privacy Policy
The site may at any time update or amend this Privacy Policy by posting the amendments
to the site.
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