The following disclaimers by Industricals are key to determine any relationship between the User and Industricals for the Users use of the Website and for Industricals providing any services on the Website.
All capitalized terms not defined herein shall have the meanings assigned to them under the Terms and Conditions of use.
- General / Services
- Industricals offers an e-commerce website for listing products, including product information, descriptions, images of the same, which the Users can purchase online by choosing any one of the payment options displayed as well as the mode of delivery of the selected products.
- Industricals and its suppliers, affiliates provide the Website and other services on "as is" basis. The Users expressly agree that their use of the Website is at their own risk.
- Industricals and its suppliers, affiliates and service providers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, 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.
- Industricals neither recommends to the User to buy any goods or services on the Website nor endorses any product, process, information or any such goods and services in violation of any third party rights of any nature (including intellectual property rights).
- The Website may be accessed through electronic devices such as computers, tablets, mobile phones etc. This agreement shall be applicable to access any User, irrespective of the medium of access.
- The Website has been designed to be operated and used from India and is in compliance with the laws of India. However, Users from other countries shall also have access to the Website. Industricals does not in any way represent or warrant that the Website is in compliance with the laws of any foreign country. Users accessing the Website from foreign countries shall do so at their own risk and shall be solely responsible for breach of any law of such foreign country. It is hereby clarified that Industricals shall in no way be responsible if a User from a foreign country violates any law of the User?s country by accessing the Website.
- The access to the Website or the Services may be restricted in certain regions or the type of access or Services may vary from region to region. Industricals does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. In the event that this Website contains references to Products, programs or services that are not announced or available in a certain region, it shall not be construed that Industricals intends to announce, launch or provide such Products, programs or services in such region.
- The User shall not:
- use the Website in any way that will damage it or interrupt its functioning;
- use the Website to transmit or post any computer viruses;
- shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without the written consent from Industricals.
- The Registered User has full rights and authority to give us Feedback on the Website at any time however he should ensure that the same does not violate any laws. Every Registered User posting any Feedback on the Website shall be solely responsible for the accuracy thereof, for compliance with all applicable laws and ensuring system or technical requirements, and shall be solely liable for all or any losses, damages or proceedings (whether civil or criminal) on account of Feedback posted violating third party rights or laws in force. All Feedback posted or uploaded on the Website shall be at the User?s sole risk.
- Industricals shall take reasonable steps to make sure that the Website is always available and is safe for access by the Users. However, Industricals does not guarantee that the services/access of the Website shall be uninterrupted, timely, free from disruptions or errors. The Website may be unavailable or may not function as desired due to it being hacked or due to other malicious or harmful software, data corruption, theft, interception, unauthorized access or tampering, or from the failure, malfunctioning or delay by telephone or network links, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or servers on account of technical problems or traffic congestion on the internet. It is hereby clarified that Industricals shall not liable if the website is unavailable or does not function as desired due to any of the aforementioned reasons.
- Industricals shall further not be liable in the event of any delay in the transmission of any information or messages from Industricals or its servers, including those sent to a User, or for any loss of information on account of any delay or disruption of the access to the Website.
- The User shall not:
- Third Party Links
- The Website may contain links to other web sites operated by third parties including payment gateways (?Third Party Link?) . Industricals shall not be held responsible for such Third Party Link and cannot make any warrantees in relation to them. The User acknowledges that Industricals neither endorses nor is affiliated with any Third Part Link and is not responsible for any content of any Third Party Link or any link contained in a Third Party Link, or any changes or updates to such sites. Industricals makes no representations or warranties whatsoever (including, but not limited to, as to the availability or access to such website, veracity of the content, safety or security of such website) with respect to any such other site/link that the User may access through the Website. Industricals specifically disclaims all liabilities of any nature whatsoever on account of a User accessing or using such Third Party Link.
- The User also acknowledges that Industricals is providing these links/sites to the User only as a measure of convenience as they might interest the User, and Industricals does not monitor or endorse these Third Party Links.
- Industricals and its directors, officers, employees, and agents shall not be liable to the Users for any action, information, data, content etc. that may arise out of these Third Party Links.
- The User specifically agrees that Industricals shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Industricals. The User specifically agrees that Industricals is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The User specifically agrees that Industricals is not responsible for any content sent using and/or included in Industricals? Website by any third party.
- Any product the User buys from the Website is completely at their discretion and they accept that they are placing their order only after thoroughly enquiring about the product and being completely acquainted about the product, its features, characteristics, usage etc. Industricals is not liable for any kind of damages or losses whatsoever suffered by the customers due to the use of the product.
- Industricals shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User or Feedback by the User and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- Governing Law
This agreement is governed by the laws of republic of India. The User hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Mumbai in all disputes arising out of or relating to the use of Industricals? Website/Services. The User agrees to indemnify and hold Industricals, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Industricals? Website/Services. Industricals reserves the right to disclose any personal information about the User or the User?s use of Industricals? Website/Services, including its contents, without your prior permission if Industricals has a good faith belief that such action is necessary to:
- Protect the interests of its members or others or to protect and defend the rights or property of Industricals or its affiliated companies;
- Conform to legal requirements or comply with legal process; or
- Enforce the Terms and Conditions of use.
- Industricals? performance of this agreement is subject to existing laws and legal process, and shall be subject to compliance with governmental, court and law enforcement requests or requirements relating to your use of Industricals? Website/Services or information provided to or gathered by Industricals with respect to such use.
- If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Industricals with respect to Industricals? Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Industricals with respect to the Industricals? Website/Services.
- Changes to this Disclaimer
Industricals reserves the right to change this Disclaimer from time to time. On such happening, Industricals will notify the User by posting the updated disclaimer on the Website. In case the User does not wish to be governed by the revised disclaimer, the User shall refrain from using the Website.