Terms & Conditions
These terms and conditions (the "Terms") govern your access to and use of our website and such other services as are stipulated therein. These Terms are effective immediately from the time any viewer and/or registered User (defined hereunder) visits the website. Please read the Terms carefully before using our website or other services. By accessing or using our Website or other Services, you explicitly agree to comply with and be bound by the Terms and all provisions, policies and guidelines incorporated by reference herein. Your use of the website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
The Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of www.industricals.com ("Website") and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
In order to use the Services, you must first agree to the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where it is made available to you by Industricals in the user interface for any particular Service, or by actually using the Services. In this case, you understand and agree that Industricals will treat your use of the Services as acceptance of the Terms from that point onwards.
- ELIGIBILITY AND CONDITIONS OF USE AND MODIFICATIONS:
- To access or use this Website and/or the Services, you shall be required to fulfil the following conditions:
- You shall be competent to contract as per the provisions of the Indian Contract Act, 1872 and have the power and authority to enter into these Terms;
- You are of sound mind and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth herein;
- You accept and acknowledge that your consent has been given freely, without any fraud, coercion or undue influence, and will full knowledge of the nature and the terms; and
- You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services, including the laws of India such as the Information Technology Act, 2000 and rules framed thereunder. You agree to use the Services only in compliance with the Terms and applicable laws, and in a manner which does not violate our legal rights or those of any third party (ies).
- Industricals reserves the right to modify/amend these Terms at any time. Such modifications/amendments shall be effective immediately upon these terms being posted on the Website. You are required to periodically review such modifications/amendments to be aware of such modifications/amendments. Your continued access or use of the Website and/or Services shall be deemed proof of your acceptance of the modified/ amended Terms. The Terms may not be modified except in writing by an authorized officer of Industricals.
- Access to or use of the Website or Services in contravention or violation of any of these Terms, Industricals shall be entitled to terminate the User Agreement, block Your Registered Account and remove any information or posting which does not comply with the terms or any law in force in India. Industricals shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
- To access or use this Website and/or the Services, you shall be required to fulfil the following conditions:
"Person" shall mean any natural person, individual, sole proprietorship, unincorporated association, unincorporated organization, body corporate, corporation, company, partnership, limited liability company, joint venture, government authority or trust or any other entity or organization
"Registered Account" shall have the meaning as recorded in Clause 4.1 here in below.
"Registered Users" shall mean users having a Registered Account with the Website and duly authorized to use the same.
"Unauthorized Users" would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same.
"User(s)" or "you/your" shall include both Authorized Users and Unauthorized Users who access the Website.
"Website" shall mean the website www.industricals.com whereby Users may browse and purchase the products and further web pages/websites created by or on behalf of Industricals related to the above-mentioned site.
- Registered Users may access the Website for obtaining information on the products sold and/or Services offered therein and such other related matters. Access and use of the Website is strictly prohibited for Unauthorized Users.
- Industricals reserves the right, without prior notice, to restrict access to or use of certain services offered on the Website. Industricals may add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time, such modifications shall include deletion of sale of any products on the Website. Such addition, deletion, modification, cessation, discontinuance, amendment or change shall take effect with on immediate basis once the same is notified on the Website. Under no circumstances will Industricals made accountable or held liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.
- Industricals shall, at its sole discretion, have the right to carry out maintenance, repairs, upgrading, testing, updating content or otherwise works on the Website or to its servers at any time, and for such reason may deactivate or suspend your Registered Account, access to the Website or the Services and shall not, for any reason whatsoever, be liable for losses and damages, if any and of any nature whatsoever, on account of the above.
- In order to make a transaction or purchase on the Website, you are required to create an account and register yourself on the Website. You will be required to submit certain information mandatorily and/or optionally in order to create such an account ("Registered Account") and avail of the Services on the Website. In the event that you do not submit any information required by Industricals for your account registration, Industricals reserves the right to restrict the nature and extent of Services made available to you and may also refuse to provide any services whatsoever, if it deems fit.
- All information provided by you shall considered to be true and correct in every aspect and you shall solely be liable for any consequences (civil and criminal) on account of submitting any false, incorrect, deceptive or misleading information for any reason whatsoever. Under no circumstances shall Industricals be liable for any such incorrect, false, deceptive or misleading information submitted by you or for ensuring the authenticity of the same. For more information on the User"s liabilities for information, please see the Disclaimer.
- In the event Industricals suspects that Registered User is in control of two or more member accounts, Industricals reserves the right to cancel or terminate a Registered Account. Further, Industricals may reject any application for registration with the Website for any reason whatsoever.
- On providing complete information as required, you shall be provided with a User ID and Password to operate the Registered Account. You shall use only this Registered Account to avail the Services and for your future transactions with the Website. The Registered User is strictly prohibited and shall not permit any other Person to use or access the Website or avail of the Services through their Registered Account.
- The Registered User hereby agrees that upon unauthorized use of his/her/its Registered Account or any other breach of security known in relation to the Registered Account, the Registered User shall immediately notify Industricals of the same.
- Industricals shall endeavor to keep all information in relation to your Registered Account strictly confidential and shall ensure that the same is not disclosed to any person whatsoever. All transactions made and carried out by you through your Registered Account shall be deemed to have been made/ authorized by you, and you shall be completely liable for the same, unless you have duly notified Industricals of any unauthorized use of your Registered Account. You shall be solely responsible for the set-up or configuration of the equipment used for access to the Website and the Services.
- ORDERS AND PAYMENTS:
- You, as a Registered User, may access the Website and browse through the various products displayed therein. All orders will be placed through your Registered Account only. Once the order is duly placed in accordance, Industricals shall endeavor to deliver the same within the time period stipulated on the Website. In the event Industricals is not able to deliver the same within the stipulated delivery period for any reason whatsoever, Industricals shall notify you of delay and the revised delivery period. The making of changes to the time period stipulated on the Website is subject to the absolute discretion of Industricals.
- The products displayed on the Website for order shall be displayed along with their prices. The prices so displayed are deemed to be a part of the Terms. Industricals reserves the right to make changes to the prices so displayed. However, once the order is placed at a particular price the same shall not be changed. Such prices quoted shall be as mentioned on the Website from time to time..
- You, the User hereby agree and confirm that:
- you are accessing the Services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
- Payments for the orders placed may be made in the following ways:
- Cash on Delivery
- RTGS / NEFT
- Credit / Debit Cards;
- Net Banking;
- Credit Terms
- It is hereby informed to you that some of the aforesaid payment methods may not be available at all times and you may be required to choose another form of payment. Further, the payment method selected by you may be subject to certain restrictions recorded in the payment gateway mechanism.
- For Registered Users with established credit, payment terms are net 30 (thirty) days from the date of shipment or pick up. All credit extended by Industricals to any Registered User and the limits of such credit, is at Industricals" sole discretion, and may be reduced or revoked by Industricals at any time, for any reason. Industricals reserves the right to charge a convenience fee for late payments. Further, Industricals shall have the right to charge the Registered User a late payment fee at the rate of 1.5% (one point five per cent) per month (or such lesser amount as may be permitted under applicable law) on the amount due but unpaid. Anticipation and cash discounts shall not be allowed. Industricals shall solely have the right of set off and deduction for any sums owed by the Registered User to Industricals.
- If a Registered User fails to make the payment within 30 (thirty) days of shipment or pick up, or fails to comply with Industricals" credit terms, or fails to supply adequate assurance of full performance to Industricals within a reasonable time after requested by Industricals (such time as specified in Industricals" request), Industricals may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys" fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
- The Registered User hereby agrees to assume responsibility for, and the Registered User hereby unconditionally guarantees payment of, as provided herein, all purchases made by him/her/it.
- You shall make payment in cash at the time of actual delivery of the product in the event that you select the option of Cash on Delivery. It is a strictly cash only payment method. E-vouchers or store credit cannot be used for cash on delivery orders. Further, payment shall not be made in any foreign currency for such cash on delivery orders.
- CANCELLATION, RETURN AND EXCHANGE:
- You agree and acknowledge that Industricals may, on certain occasions, be unable to accept your order. Industricals reserves the right to cancel or refuse any order made at its sole discretion.
- An order placed by you may be cancelled in the event of limitations in the quantity of the product ordered or any kind of fraudulence, inaccuracies, errors or problems identified by Industricals.
- Industricals reserves the right to demand any additional information and conduct additional verifications on accepting your order and shall duly notify you in the event that your order or any portion thereof has been cancelled for any reason whatsoever. Industricals shall make good any payment made by you, in the event that you have been charged AFTER your order has been cancelled. You agree and acknowledge that any decision made by Industricals regarding the cancellation of any order or any part of any order shall not be final and be disputed by you.
- You may cancel your order or some items in your order that have been billed but not shipped. However, cancellation charges for the same shall be payable by you.
- In the event that you find that any product delivered to you unsatisfactory, you may return such a product in an unused, saleable condition, along with the original sale invoice. You may also avail of an opportunity to exchange the product by returning the product as per the Return and Refund Policy available on the Website.
- Any request for refund of payment/ credit shall be redirected only to the credit/debit card from which the payment for the product had been made. Industricals shall not be responsible for any delay in the crediting to the card, as such transactions are primarily managed by the Cardholder"s bank.
- Any request for refund of payment made by Cash on Delivery can be referred to under he Returns and Refund Policy available on the Website
- INTELLECTUAL PROPERTY OF THE OWNER:
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents" ) is the property of Industricals or its suppliers or third parties who have licensed the same to Industricals and protected by Indian and international copyright laws.
- The Contents and other downloadable materials displayed on the Website is for personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce distribute, display, modify, create derivative works from, publish, transmit, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited.
- Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Industricals, one of its affiliates or by third parties who have licensed their rights to Industricals.
- In the event that the User violates the above terms, the owner of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages. Industricals also owns all the Intellectual Property rights in the listings and databases, layout and design of the Website.
- Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by the User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of Industricals (including its affiliates and suppliers) and Industricals shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.
- Industricals may have independent third parties involved in the provision of the Services (e.g., in the event that you do not submit such information, Industricals shall have the right to restrict the nature of Services made available to you and may also refuse to provide all or any Services to you the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior or written approval from such parties.
- Permit any person other than yourself or your representatives to access your Registered Account or access the Website and avail of the Services;
- Make use of the Services or the Website for any commercial or illegal/ unlawful purposes;
- Violate or attempt to violate and/or breach or attempt to breach the security systems or authentication measures put forth by Industricals in order to protect the content of the Website, or attempt to gain access to or make unauthorized use of any non-public information of any users of the website including but not limited to their Registered Accounts and details thereof.
- Make any attempts to probe into or scan the vulnerability of the security systems and fortifications or any computer resources, servers or networks put forth by Industricals;
- Attempt to gain access to any information not held by you by using means such as hacking, stealing passwords or otherwise and/or use such information for achieving any end that is illegal or contrary to law or submit and publish any such information pertaining to any other user without such user"s consent;
- Introduce, post, submit or transmit any information, software, command or any other material which contains a virus, worm, time bombs, cancelbots, easter eggs or other harmful component or which serves to slow down/multiplies the traffic or cause any interference or hindrance and hampers the proper and effective functioning of the Website, or Industricals" systems, networks or servers.
- Introduce, facilitate, transmit, generate or post spam messages, posts or e-mails of any nature whatsoever, including bulk e-mails, chain mails or commercial bulk mails or spam
- Solicit directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing or submitting information about other Persons without such Person"s consent
- Copy or reproduce any part of the Website for any purpose whatsoever (save as expressly allowed under these Terms) whether in electronic or hard form whether manually or through automated methods including (but not limited to) as spiders, deep links, page scrapes or crawlers
- Restrict another User"s access to the Website, Services or other enjoyment of any User"s rights vis-"-vis the Website and/or Services
- Do any act of any nature whatsoever which would cause Industricals to lose any services or supplies from the Owner"s vendors, suppliers or service providers of any nature whatsoever, or disturb or affect Industricals" relationship with its associates, suppliers, service providers or vendors or otherwise create any liability of any nature whatsoever on Industricals.
If you share or send any ideas, suggestions, changes or documents ("Feedback") , you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Industricals is under no obligation of confidentiality with respect to such Feedback, (iii) Industricals may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) by providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual,global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Industricals and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- INDEMNITIES AND RELEASE
- You hereby agree and acknowledge that you shall indemnify and hold harmless Industricals, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- You hereby expressly release Industricals and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- In the event the User acts in any manner contrary to the Terms and/or commits the following activities, the User shall be deemed to be in breach of the Terms:
- If Industricals believes that the User has used a stolen debit/credit card to make the payments on the Website for the Services;
- If, in the opinion of Industricals, the actions of the User may cause financial loss or legal liability, or may prove detrimental to the interests of Industricals;
- Where the User has supplied information pertaining to any transaction, and Industricals believes such information to be false, inaccurate, not current or complete, untrue or misleading.
- In the sole opinion of Industricals, if the user commits or attempts to commit or abets the commitment of any breach of the Terms including the events recorded in Clause 11.1 hereinabove, whether in letter or in spirit, Industricals shall:
- block or restrict access of the User to the Website;
- refuse or cease completely the provision of Services to such User;
- initiate any legal proceedings against a User for breach, civil and/or criminal, including (but not limited to), proceedings for indemnity, losses, damages and/or injunctions as may be appropriate;
- co-operate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User to Industricals the Website.
- restrict, refuse or ban any and all current or future use of any other Service that may be provided by Industricals;
- remove, modify or reject anything that you submit to, post or display on the Website, which Industricals believes to be unlawful and/ or could subject Industricals to liability, or is in the opinion of Industricals found inappropriate;
- To impose any penalty it may deem fit and reasonable, against the user, or suspend or terminate the User"s Agreement of any service without any reason or notice, and without any liability to the User.
- In the event the User acts in any manner contrary to the Terms and/or commits the following activities, the User shall be deemed to be in breach of the Terms:
- LIMITATION OF OWNER"S LIABILITY:
- To the maximum extent permitted by law, the Services provided by Industricals through the website are provided on an "as is" and "as available" basis and Industricals hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness of a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.
- Industricals, its agents and representatives disclaims all responsibility pertaining to (but not limited to) any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss of authorized use or access of information, Third Party actions) arising out of or in connection with the use of the Website and the Services provided therein.
- Industricals will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
- Industricals will not be liable for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
- Without prejudice to the generality of the section above, the total liability of Industricals to you for all liabilities arising out of this Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
- LIABILITY FOR INFORMATION ACCESSED
- The User shall also be solely responsible for determining the appropriateness and/or suitability of any opinions, advice, Services or Products (including pre-launch offers) made available to the user on the Website or in relation to the provision of the Services and the User assumes full responsibility for the same.
- Industricals, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Industricals assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
- GOVERNING LAWS AND JURISDICTION:
- These Terms shall be governed by the laws of India. The applicable Courts of law at [Mumbai] shall have exclusive jurisdiction over any disputes arising under this agreement.
- In the event that you wish to pursue any legal action against Industricals, such legal action must commence within a year of the occurrence of the alleged harm. Failure on your part to commence such legal action within such a stipulated time period shall forever bar such a claim or action, notwithstanding any statute of limitations or any other law to the contrary.
- GRIEVANCES AND VIOLATIONS:
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Owner"s Grievance Officer at firstname.lastname@example.org
- FORCE MAJEURE:
Industricals shall not be held liable for any action taken as a result of any circumstances arising either directly or indirectly by any Act of God, Wars (declared or undeclared), insurrections, acts of terrorism, acts of the Government or boycott, lockouts and any kind of civil unrest or any other acts of a similar nature which are out of the reasonable control of Industricals.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any provision of these Terms is deemed unlawful, invalid or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remain as it is.