The Company, through the Site, provides you with access toinformation substantially about Infrastructure equipment and related products and services including without limitation, (“Products” and provision of access as the “Services”). It is agreed by you that we neither endorse, market nor promote any of the Product listed in the Site. You hereby agree that the Company may contact you, to understand your interest in the selected products and services and fulfill your demand.
You are eligible to visit the Site and/ or use the Services, if and only you: (a) have completed the legal age of majority as per the respective laws of the jurisdiction where you reside, which is 18 years of age in India; (b) are eligible to enter in to a legally binding contract; and (c) are not barred by any applicable law for the time being in force.
In case you are not an individual but wish to visit the Site or use the Services for a legal entity, then you should comply with the following conditions: (a) You are fully authorized to represent your legal entity to receive the Services; (b) the legal entity you are representing is a duly organized and validly existing under the applicable laws; and (c) the legal entity has obtained all such licenses and permissions which are in full force and effect.
- License and access to Site
The Company grants you a non-exclusive, revocable, non-transferrable and limited license to access and use the Services as made available through this Site. The license does not include any downloading or copying of any kind of content or information from the Site. The Company may, from time to time, update or modify the features of the Site, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above.
You further represent and warrant that:
a) You have right, authority, and capacity to enter into these Terms;
b) You are neither a competitor of us nor using the Services for reasons that are in competition with our Services;
c) You are entitled to submit the information to us and such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
d) You will maintain the accuracy of such information;
e) Use of the Services does not violate any applicable law;
f) You will keep your contact information accurate and up-to-date;
g) You will not provide any false personal information to us, or create an account for anyone other than you without permission; and
h) You shall not infringe any intellectual property or other proprietary rights of any third party.
- Restrictions on Use
You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Site;
b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by the Company;
c) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law;
d) link to, mirror or frame any portion of the Services;
e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
f) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or Services; or
g) attempt to interfere with Services to any users, host or network, including, without limitation, via means of submitting a virus to theSite, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
In addition to the above, You shall not: a) reformat or frame any portion of the pages that are part of the Site;
b) submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by us;
c) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
d) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site;
e) use the Services to transmit, distribute, post, or submit any unauthorized information, photo, video or any content that is libelous, defamatory, obscene or in violation of these Terms and otherPolicies of the Site and relevant laws for the time being in force;and
f) list or post any information that is either prohibited or restricted under the laws of Republic of India and such listing, posting of information or any content shall not violate any of the Company’s Policies, as given.
The Site allows you to compare and choose from a variety of land based equipment from plurality of manufacturers available in the market. The Site further allows you to submit reviews of such products used by you, discussions with other users, queries on specific product, clarifications, answers, content and other information (“Submissions”)which may be hosted, posted, shared or published as part of the Services, and may be visible to other visitors of the Site, in whole or in part or in a modified form. The Company is only acting as a repository of data in hosting suchSubmissions made by you and the same does not represent the views/ opinions of the Company.We make no guarantee as to the validity, accuracy or legal status of any of the Submissions.
You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all of the Submissionsand intellectual property of them to enable inclusion and use of such Submissions in the course of Services being rendered on the Site. It is hereby clarified that you own all of the content, network data and other information in the Submissions uploaded on or shared through the Site. We do not claim any ownership rights in your Submissions except to the extent otherwise provided in this Agreement.With respect to such Submissions, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works and sublicense the content or any part of the content.
You further agree that you will not: (a) post any Submission that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from your rightful owner to share the material and to grant us all of the license rights granted therein; (b) publish falsehoods or misrepresentation that could damage the Company or any third party, including, without limitation, loss of reputation, credibility, revenue; and (c) post any Submission that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party.
- Our Recourse
You understand and agree that we may review any Submissions posted on the Site, and in case the Company finds, at its sole discretion, that you violate any of these Terms, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending Submissions from the Site and/or blocking your use of the Services.
The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you who involved in such violations.
You acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to your conduct or anyone else’s conduct in connection with the use of the Services. You also acknowledge that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the Courts of Law and other appropriate forums.
- Intellectual Property Rights
You acknowledge and agree that the Company or Company’s licensors or such other third party as the case may be owns all legal rights, titles and interests in and to the content of the Site and Services, including any intellectual property rights which subsist in the Site, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
Unless agreed otherwise in writing with us, nothing in the Terms gives you or any third party a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights or notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
We reserve the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on the Site. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Website.
Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services
Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
- Term and Termination
These Terms shall remain in full force and effect till you terminate using the Site.Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
The Company further reserves the right to terminate this Agreement or discontinue the Services provided through the Site or any portion or feature thereof for any or no reason and at any time without liability to you.
The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of this Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms.
- Third Party Content
The Site may contain features and functionalities that allow access to third party content, including websites, data, information, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. You should make whatever investigation you may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. If you have any problem resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, we shall not be responsible for the same. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites.
- Governing Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in Hyderabad, the State of Telangana.
If anyone brings a claim against us related to your actions, Submissions or any other information on the Site, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. We shall also have the right to hold you or such other person liable for the damages, losses and expenses which we may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by you. Although we provide rules for your conduct, we do not control or direct your actions on this Site and we shall not be held responsible for the Submissions you post on the Site or for any of your actions using the Services.
- Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE, BUG-FREE, AND SAFE, BUT YOU AGREE TO USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUAwRANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
WE DONOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN FROM THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, COMPANY SPECIFICATIONS, SUBMISSIONS, OR OTHER INFORMATION AVAILABLE IN THE SITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED EITHER THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE SITE OR RUPEES ONE HUNDRED (INR 100), WHICHEVER IS GREATER.
- Contact Us
If there are any questions regarding these Terms of the Services,You may contact us at email@example.com
These Terms along with the other Policies make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.
If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
Our failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
Any amendment to or waiver of these Terms shall be posted in the Site.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the applicable laws.
These Terms do not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.