**Terms and Conditions**

These terms and conditions (“Terms”) govern your access to and use of a set of features, services, and functionality on the Business to Business marketplace section of Acemark Stationers for registered business customers to purchase products for business purposes. These Terms constitute an agreement between Acemark Stationers and/or its affiliates (“Acemark Stationers,” “we,” “us,” or “our”) and the entity you represent (“you”). Please note that your use of Acemark Stationers is also governed by the Conditions of Use and the Acemark Stationers Privacy Notice, as well as all other applicable terms, conditions, policies, limitations, and requirements on the Acemark Stationers website, all of which (as changed over time) are incorporated into these Terms. Capitalized terms have the meanings given to them in these Terms or the Conditions of Use.

 

1. REGISTRATION

 

An organization has a Business Account with Stationery Hub once an individual associated with the organization registers the business and creates the first business user account associated with that organization. As and when we launch this functionality, individual(s) who have created the business user account can invite others to be part of the organization’s Business Account. Each additional user that purchases or otherwise acts on behalf of the business and joins the organization’s Business Account must create a new business user account that is part of and associated with the organization’s Business Account. Business Accounts and business user accounts are intended for businesses and business-related organizations and may be used solely for business purposes. To create a business user account, users must use a Mobile Number. Unless explicitly permitted, a user may only create one account per mobile number. Every Login is only possible through OTP.

 

2. ACCOUNT MANAGEMENT

You are responsible for all activities that occur under your organization’s Business Account and any associated business user accounts (if and when applicable), regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Except to the extent caused by our breach of these Terms, we and our affiliates are not responsible for unauthorized access to your Business Account or business user accounts (if applicable). You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your Business Account or associated business user accounts, if applicable, in accordance with these Terms) and are solely responsible for any use or action taken under your password. You will contact us immediately if you believe an unauthorized third party may be using your Business Account or associated business user accounts, if applicable, or if your Business Account or any business user account information, if applicable, is lost or stolen.

 

3. BUSINESS AND ORDER VERIFICATION

We may use the business name, address, VAT/ CST/ CIN number and any other information you provide about your organization or users or that we may request or determine is necessary to verify accuracy and eligibility for Stationery Hub. We may make, directly or through third parties, inquiries to validate information that you provide to us. We may accept or refuse use of Stationery Hub at our discretion and may modify purchasing rights or privileges at any time. We may share any information or documents you provide with third-party sellers that offer certain Stationery Hub features for verification purposes.

Certain products may require licensing, certification or other credentials to purchase them. To purchase such products, you must provide us with a valid license, certification or other credentials (collectively, the “Credentials”), as determined in our sole discretion. We may use information you provide, as well as information relating to your account such as your business name and address, to verify the Credentials, and we may request additional information from you to assist in that verification. We may, in our sole discretion and at any time, suspend or terminate your ability to purchase such products.

4. REPRESENTATIONS, WARRANTIES AND COVENANTS

You represent, warrant and covenant that:
(a) you are using Stationery Hub for business individual, personal, family or household use.
(b) your organization is duly organized, validly existing and in good standing in the jurisdiction in which your organization is registered;
(c) the individual entering into these Terms on behalf of your organization has all necessary legal authority to bind you to these Terms;
(d) you have all requisite right, power, and authority to enter into these Terms, perform your obligations, and grant the rights and authorizations in these Terms;
(e) any information provided or made available by you to Stationery Hub or its affiliates is at all times accurate and complete;
(f) you and all your subcontractors and agents will comply with all applicable laws, rules, regulations, codes, orders and other requirements of governmental agencies (“Laws”) in your performance of your obligations and exercise of your rights under these Terms and with your purchase and use of any products from Stationery Hub.
(g) all users who use business features or purchase on behalf of your organization are authorized to do so and all purchases made by these users are authorized purchases of your organization;
(h) any Credentials, and all documentation or other information you provide to us to validate such Credential, are accurate, complete and reflect your Credential status, and that you will provide updates, additional Credentials or supporting information as required to ensure all such documentation or information remains up-to-date at all times;
(i) the provision to Stationery Hub of any Credentials and related information, any delegation of purchasing authority under any Credentials and all purchases made using the Credentials are with the authority of the Credential holder;
(j) you will only purchase products requiring Credentials as permitted under any Laws and within the scope of any Credential you provide;
(k) if your Business Account has a tax exemption certificate associated with it, any tax exempt purchase made from business user accounts are paid for with the organization’s funds;
(l) unless authorized by Stationery Hub, you will not use any product purchased from Stationery Hub in connection with, or to fulfill, a central, state, or local government contract or subcontract, if doing so could subject Stationery Hub to any term, condition, obligation or other provision different from or in addition to the provisions of these Terms;
(m) you will use any products purchased from Stationery Hub as intended by the manufacturer and in compliance with all product information provided by the manufacturer;

5. LICENSE

Subject to your compliance with these Terms and your payment of any applicable fees, Stationery Hub or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Stationery Hub solely in accordance with these Terms. This license does not include the right to resell any Stationery Hub feature; any collection and use of any product listings, descriptions, or prices; any derivative use of Stationery Hub; any downloading or copying of Stationery Hub information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Stationery Hub or its licensors, suppliers, publishers, rightsholders, or other content providers. No feature or part of Stationery Hub may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Stationery Hub. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stationery Hub without express written consent. You may not use any meta tags or any other “hidden text” utilizing Stationery Hub’s name or trademarks without the express written consent of Stationery Hub. You may not misuse Stationery Hub. You may use Stationery Hub only as permitted by law. The licenses granted by Stationery Hub terminate if you do not comply with these Terms.

6. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our affiliates, and our and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys’ fees) (each a “Claim”) arising from or related to (a) any breach of the Terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

7. PRODUCT INFORMATION; PRODUCT COMPLIANCE AND SUITABILITY

We recommend that you do not rely solely on the information presented on our website/Mobile App. Please always read labels, warnings and directions provided with the product before use. Stationery Hub does not guarantee compliance or suitability of products with any Laws, nor does Stationery Hub accept responsibility for installation and/or use of a product. It is your responsibility to review the product application and all applicable Laws for each relevant jurisdiction to be sure that the installation and/or use involving the products comply with applicable Laws.

8. SITE AND FEATURES

8.1 SELLER CREDENTIALS. Any diversity, industry and other certifications made available to you are provided by third-party sellers on Stationery Hub and have not been independently verified by Stationery Hub. You should carefully review and validate any certifications and supporting information that you use to make your purchasing decisions. We take no responsibility and assume no liability for any certifications or supporting information provided by third-party sellers.
8.2 BUSINESS PRICING. The sellers may provide you access to discounts for business customers. In these instances, the available price on the detail page will reflect this discount. You agree not to manually copy or use any data mining, scraping, or similar data gathering and extraction tools with respect to such pricing or discounts.
8.3 Coupan discounts And Schemes. All purchases and redemptions of Stationery Hub Coupan Codes And Schemesare subject to the terms and conditions. You may not resell or transfercoupan discounts or schemes.Stationery Hub reserves the right, in its sole discretion, to reject orders or prohibit advertisement, offer, or distribution of Coupandiscounts And Schemesin any location, in any manner, and by any individual or entity.

9. DISCLAIMER

STATIONERY HUB MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY OF PRODUCT INFORMATION PROVIDED AND OUR SOLE LIABILITY FOR ANY LOSSES OR DAMAGES BY YOU ARISING FROM ANY INACCURACY IN THE PRODUCT INFORMATION WILL BE LIMITED TO REIMBURSEMENT OF THE PRICE PAID FOR THAT PRODUCT. STATIONERY HUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. STATIONERY HUB ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER SELECTION, IMPROPER INSTALLATION, MODIFICATION, MISREPAIR OR MISAPPLICATION OF THE PRODUCT.

10. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL STATIONERY HUB BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS ON STATIONERY HUB, EVEN IF STATIONERY HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STATIONERY HUB’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.All Liability and claims if any are subject to Raipur city Jurisdiction.

11. ENTIRE AGREEMENT

The terms and conditions in these Terms, the Stationery Hub Conditions of Use, the Privacy Notice, and any applicable terms, conditions, policies, requirements or limitations contained on Stationery Hub constitute the exclusive and complete agreement between Stationery Hub and you. Stationery Hub will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence or other document. Any purchase order (PO) number or other internal information particular to your organization that is provided by a user during the purchasing process is provided only for your internal purchase tracking. Stationery Hub doesn’t agree to terms, conditions, obligations, or provisions that are different from or added to these Terms and the policies and information on the Stationery Hub website.

12. AGREEMENT CHANGES

We may in our discretion change these Terms, Stationery Hub’s Conditions of Use and Privacy Notice, or any aspect of Stationery Hub, without notice to you. From time to time, Stationery Hub may choose in its sole discretion to add or remove benefits or features of Stationery Hub. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF STATIONERY HUB AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR BUSINESS ACCOUNT AND BUSINESS USER ACCOUNT.

13. TERM; TERMINATION BY US

The term of these Terms will begin on the date you click to accept it and will continue until you or we terminate it. We may terminate these Terms and access to your Business Account, business user account or use of any business features at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your account. Upon termination, all rights and obligations under these Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination, including, without limitation, Sections 4 – 18 of these Terms.

14. FORCE MAJEURE

We will not be liable for any delays in delivery or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control.

15. CONFIDENTIALITY; PUBLICITY

You will
(a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential;
(b)use this information only for internal purposes and in connection with your use of Business Accounts; and
(c) destroy or return all such information to us promptly when the Terms terminate (and, upon request, confirm such destruction in writing). This section covers all confidential information regardless of when you receive it. Unless you have received our express written permission, you will not otherwise use any trademark, service mark, commercial symbol or other proprietary right of ours, issue press releases or other publicity relating to us or these Terms, or refer to us in promotional materials. If authorized, you may only use Stationery Hub trademarks in accordance with the Trademark Guidelines.

If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to Business Accounts (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.

17. MISCELLANEOUS

Your use of Business Accounts is subject to the disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference.
The parties to these terms are independent contractors. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. In the event of any conflict between these Terms and the Conditions of Use, these Terms will prevail.

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