DISCLAIMER OF WARRANTIES
Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an ‘as is’ and ‘as available’ basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.
Without limiting the generality of the foregoing, the Company makes no warranty:
- that the information provided on this Website is accurate, reliable, complete, or timely;
- that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
- no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
- as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
- regarding any Products purchased or obtained through the Website.
The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
LIMITATION OF LIABILITY
The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this T&C. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with this T&C or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected.
This disclaimer constitutes an essential part of this T&C.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.
PRIVACY
The Company believes strongly in protecting user privacy and providing You with notice of the Company’s use of data. Please refer to the Company privacy policy, incorporated by reference herein, that is uploaded on the Website.
GENERAL
Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
Entire Agreement: This T&C comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this T&C remain in full force and effect.
Governing Law and Jurisdiction: This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this T&C.
Waiver of Class Action Rights: By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with this T&C must be asserted individually.
Termination: The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of this T&C. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.
Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this T&C to anyone. The Company may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.
By using this Website or ordering Products from this Website, you agree to be bound by this T&C.
Survival: If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.
Customer Service Desk:
Email: [email protected]
Phone Number: +91 9818833067
Contact Days: Monday-Saturday (From 9:00 Am to 6:00pm)
Grievance Officer: The name and contact details of the Grievance Officer to handle any complaints in relation to the sale of Products or use of this Website are provided below:
Supratim Sarkar
Email: [email protected]
Time: Monday-Saturday (From 9:00 Am to 6:00pm)
