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Terms of Use
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WEBSITE TERMS OF USE:
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- Introduction
www.hindcompo.com ("Website") is owned and launched by Hindustan Composites Limited ("Company"). All information and content provided on the Website shall be the sole copyright of the Company and all rights for distribution are reserved with the Company. Any person using this Website (the "User") shall be bound by the terms and conditions herein ("Terms of Use"). By visiting the Website and clicking on the 'accept' button provided, a User agrees to be bound by the Terms of Use, available on the Website. The Company may change the terms and conditions of the Terms of Use, at any time without prior notice. A notification of such change will be displayed on the Website. Thereafter by clicking on the 'accept' button and continuously using the Website shall imply that the User accepts any new and/or modified terms and conditions of the Terms of Use. A User may re-visit the 'Terms of Use' link on the Website from time to time to keep abreast of any changes that may be introduced to the Terms of Use.
All information provided on the Website is subject to the Terms of Use and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the Website.
- Children's Privacy
We encourage children and minors (under the age of 18) to use our site for information and material. In the event it is brought to the notice of the Company that Personal data is furnished by a User less than 18 years of age in order to avail any services/products/facilities available on the Website when not permitted to do so pursuant to the age limit restrictions, the same shall be deleted from the records of the Company. The Website do not knowingly collect personal data from any person not being an adult and shall not be held responsible for any such information that may be voluntarily provided and/or absence thereof.
- Products and Services
The Website provides information about the products of the Company, Links to other websites, interactive forums, blogs, e-mails, etc. ("Services") for which Users may need to register with such other Website.
Despite the Company/ Website's best efforts, product descriptions, and other details can change quickly. The Company/ Website's does not warrant the accuracy or completeness of the information provided on the site.
The Company/Website hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User.
- Providing Information/ Data
In order to enquire about the product of the Company, a User may be required to provide information about themselves.
By providing their information on the Website, a User certifies and undertakes that all information provided by him/ her now, is and/or in the future will be true and accurate. In the event a User provides information that is found to be or suspected to be untrue or inaccurate, the Website reserve the right to, in its sole discretion suspend or terminate any service to such User and block current or future access by such User to the Website.
- License for limited use
The Company reserves the right, in its sole discretion, to deny a User access to its Website or any portion thereof immediately, without notice for the following reasons:
(a) if a User assigns, sub-licenses or otherwise transfers (or attempt the same) any rights granted to him/ her under these Terms of Use; and
(c) if a User violates any provisions of these Terms of Use.
A User agrees that by posting/ publishing/ uploading, information and content on the Website, he/ she grants/ assigns the Website/Company with a non-exclusive, royalty free, irrevocable, perpetual and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such information and content in any form that it may choose, in accordance with the provisions contained under any Act, Rules & Regulations for the time being in force.
- Information on the Website
Whilst every effort is made to update the information contained on the Website, neither the Company/ Website nor any third party or data or content provider make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("Information") and shall not be bound in any manner by any Information contained on the Website. The Company/ Website reserve the right at any time to change or discontinue without notice, any aspect or feature of the Website.
Information offered on the Website is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website it may inform the Website about the same. The Website may take into consideration such input by a User but is under no obligation to act on such input.
- Intellectual Property Rights
The trademarks, names, logos and service marks, domain names, inventions and/or other intellectual property, including, but not limited to, the Information ("IPR") displayed on the Website is the IPR of the Company, or as the case may be, as stated on the Website, of other third parties who have provided a license to the Company/ Website for use. Nothing contained on the Website should be construed as granting any license or right to use any IPR without the prior written permission of the Company or the relevant third party, as the case may be. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of the Company unless it is stated as owned by a third party. Further, nothing contained on the Website should be construed as granting any license or right to use any such material without the prior written permission of the Company or the relevant third party, as the case may be.
A User shall not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized to do so in writing by the Company/ Website prior to such use. Further, a User shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Website and/or the Products and Services offered on the Website, or any part thereof, or any of the information received or accessed therefrom to or through any other
person or entity unless separately and specifically authorized in writing by the Company prior to such use. In addition, the User shall not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization. Except as set forth herein, any other use of the information/data/content contained on the Website require the prior written consent of the Company and may require a separate fee.
The Company may collect information and material posted and/or disclosed on the Website by a User (whether such information is posted/disclosed in a closed chat, as a blog or otherwise) for the maintenance of records, for the development of its own businesses, handling general enquiries concerning its Products and Services, providing better user interface, making the visit to the Website more user-friendly for the Users as well as clients of the Company. The User hereby acknowledges that in gathering and using such information the Company will not be violating the IPR of the User.
A User shall indemnify and keep indemnified the Company against any losses or damages that the Company suffers as a result of use of the IPR of a third party by the User without obtaining an appropriate license or permission from the relevant third party.
- Pop-up - third party applications
There may be links contained on the Website or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. ("Linked Website"). The applications/ websites/ web pages/blogs etc. accessible by such Linked Website are not under the control of the Company. The Company has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc. The inclusion of any such applications does not imply endorsement by the Company/ Website of such other Linked Website. When visiting such Linked Website, the User must refer to the external application/websites terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to the Website, without the express prior written permission of the Company. The User is to contact the Company if it would like to link to the Website or would like to request a link to its application/website.
- Sharing of User Information
The User hereby agrees and understands that the Company/ Website shall be entitled to share the Personal Data of the User with its affiliates, associate companies, Directors, Promoters, officers, or employees or clients of the Company as and when required, in accordance with the provisions contained under any Act, Rules & Regulations for the time being in force. The term 'Personal Data' shall mean any means any data about an individual who is identifiable by or in relation to such data.
- User Submissions and Restrictions
The User agrees to use the Website only to avail the information about the Products and/or Services provided by the Company
The User agrees not to use the Website to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law.
The User hereby indemnifies the Company/ Website against any loss, liability, damage or expense of whatever nature which the Company/ Website and/or any third party may suffer which is caused by or attributable to, whether directly or indirectly, to the User's use of the Website.
- Access to the Website & Delays
The Website may not be accessible at certain times, or its access may be interrupted. The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, terrorist attacks or other causes beyond its control. The Company shall have no responsibility to provide a User access to the Website while interruption of the Website due to any such cause mentioned herein above shall continue. The Company may in its sole discretion, have the right to discontinue, delay and/or suspend the availability of any Services on the Website at any point of time and shall not be held liable for any loss that may be incurred by any User caused due to such discontinuance/ delay/ suspension.
Further, the Company shall also not be responsible for the transmission of viruses or other contaminating or destructive programs through the Website, and use of the Website is at the User's risk.
- Monitoring Use of the Website
The Company/ Website reserves (including but not limited to) the right at all times to disclose any information posted on any portion of the Website as necessary:
(a) in order to operate the services provided by the Website;
(b) to protect the Company, its parent or subsidiary companies, its affiliates and their respective designated partners, Directors, Promoters, officers, employees, agents, in accordance with the provisions contained under any Act, Rules & Regulations for the time being in force; and
(c) to satisfy any law, regulation or governmental request or to enforce these Terms of Use.
- Fees
Access and use of the Website is free of charge. If the Company/ Website introduce a charge or fee for the use of the Website, any features provided therein or any products and service(s) provided by the Website, then it shall expressly notify the Users before applying such charge/fee. In the event, the Company/ Website are required to charge a fee/applicable tax by virtue of any provisions of any law, rules or regulations that are either applicable or may be applicable in future, the User expressly agrees to pay such fee/charge that may be levied by the Company/ Website under the relevant provisions of such law/rules/regulation.
- Warranties
The Company/ Website make no warranties, representations, statements or guarantees (whether express, implied, in law or residual) regarding the Website, the Information contained on the Website, information regarding the Services provided by it.
All such content, information, software, products, features and services available on the Website are provided “as is” without warranty of any kind. Further, the Company/ Website and/or its associated entities also hereby disclaim all warranties and conditions with regard to the content, information, software, products, features and services, including all implied warranties and conditions of title, non-infringement, and availability.
- Disclaimer of Liability
The Company/ Website shall not be responsible for, and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User's access and use of the Website, any Information contained on the Website, the User's Personal Data or material and information transmitted over the Website.
In particular, neither the Company/ Website nor any third party or data or content provider shall be liable in any way to the User or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any inaccuracies, errors in, or omission of any Information provided or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby.
Under no circumstances will the Company/ Website be held responsible or liable, in anyway, for any content which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of any infringement of another's rights including intellectual property rights.
In no event shall the Company/ Website be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with: (i) the use of the Website; (ii) with the delay or inability to use the Website; (iii) for any content, information, software, products, features and services obtained or used through the Website; (iv) Non-availability of the Product mentioned on the Website. (v) or any other issue otherwise arising out of the use of the Website.
This waiver applies, without limitation, to any damages or injury arising from any failure of performance such as error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
- Indemnity
A User shall indemnify, keep indemnified and hold harmless the Company/Website from any and all claims and losses imposed on, incurred by or asserted as a result of or related to:
(a) a User's access and use of the Website;
(b) any non-compliance by a User of the Website' Terms & Conditions (as defined below);
(c) any third party actions related to the receipt and use of any information or content by a User available on the Website whether authorized or unauthorized;
(d) any wrong or incorrect information that is provided by a User to the Company/Website or its associates/ agents; and/or
(e) any action initiated or any relief sought by a User due to failure on the part of the Company to deliver anything promised and forming a part of any event organised and put up on the Website for any reasons as stated above in Clause 15.
- General
Entire Agreement.
These Terms of Use ("Website' Terms & Conditions") constitute a record of the agreement between the User and the Company in relation to the User's use of the Website. Unless otherwise specifically stated, these Website' Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and the Company in respect of the User's use of the Website. These Website' Terms & Conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed of by a User.
Alteration
The Company may at any time modify any relevant terms and conditions, policies or notices which form a part of the Website' Terms & Conditions. The User acknowledges that by visiting the Website from time to time, it shall become bound to the current version of the relevant Website' Terms & Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. The User shall be responsible for reviewing the then current version each time he/ she visits the Website.
Waiver
Any delay, failure, forbearance or indulgence by the Company/ Website in exercising, enforcing at any time any of the provisions of the Website' Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Company/ Website to enforce any such provisions. No single or partial exercise of any rights under the Website' Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the Website' Terms & Conditions.
Severability
If any provision of the Website' Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any Applicable Law, the remainder of the Website' Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the Website' Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the Applicable Law.
Applicable Laws
All the Website' Terms & Conditions shall be governed by and construed in accordance with the laws of India. The User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the Website, the Website' Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Website' Terms & Conditions, including without limitation this paragraph. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
Attorney's Fees
If the Company/ Website are required to take any action against a User (either by itself or through its associate companies) to enforce any of the provisions of the Website' Terms & Conditions, the Company/ Website shall be entitled to recover from the User (and the User agree to pay), in addition to any other relief at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Comments, Questions, Complaints & Suggestions
If the User:
(i) has any questions, comments or concerns arising from the Website' Terms & Conditions;
(ii) desires to provide input on the Information on the Website
(iii) desires to send any requests/concerns/suggestions with respect to the Website;
(vi) if the User wishes to lodge any complaints regarding the Website, technical snag in the software etc., such User may write to the Company/ Website support@hindcompo.com
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