{"content":"

TERMS OF USE

The following agreement captures the terms and conditions of use applicable to Your use of Customer Portal ('Site'). It is an agreement between You as the user of the Web Site and Schwing Stetter India Private Limited.

This Terms of Use (hereinafter referred to as “Terms of Use”) governs your use of this website, including all pages within this website (hereinafter referred to as the “Site”).

Schwing Stetter India Private Limited (hereinafter referred to as 'Company') offers certain products for purchase such as Machineries, Spare Parts, Accessories (hereinafter referred to as “Products”) and related services such as Commissioning, Repair, Reinstallation, Training (hereinafter referred to as “Services”) on the Website. This Terms of Use include and incorporates by this reference, the policies and guidelines referenced below. These Terms of Use apply in full force and effect to Your use of this Site and by using this Site (for either purchasing the Products or availing the Services) You expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objections to any of these Terms of Use (including any referenced policies or guidelines). These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signature.

For purposes of this Term of Use, “Site” refers to the Company’s website and the same can be accessed at https://portal.schwingstetterindia.com [or through our mobile application]. “Products” refer to the Company’s product available on the Site, in which users can Machineries, Spare Parts, Accessories, etc., and “Service” refers to the Company’s services accessed via the Site, in which users can Commissioning, Repair, Reinstallation, Training etc.,. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. If You do not agree to or do not wish to be bound by these Term of Use, You may not access or otherwise use the Site in any manner.

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SCOPE:
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1. \n
  These Terms of Use govern your use of the Site and all applications, software, Products and Services available via the Site. Specific terms or agreements may apply to the use of certain Services and/or Products and other items provided to you via the Site.
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PRIVACY POLICY:
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1. \n
  The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (found here: [insert Link to Privacy Policy]) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services and/or Products in our Site, you signify your consent to the Privacy Policy as well as these Terms of Use.
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ABOUT THE SITE:
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1. \n
  The Site allows you to order or purchase Products such as Machineries, Spare Parts, Accessories and avail Services like Commissioning, Repair, Reinstallation, Training by making the necessary payments though the payment gateways available on the Site. The orders placed on the Site can also tracked using the relevant reference numbers or order numbers provided while placing the order.
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Pricing:
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1. \n
  All the Products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but some of the commodities prices do change on the basis of the external factors. In case the prices are higher or lower on the date of delivery, additional charges will not be collected or refunded as the case may be at the time of the delivery of the order. The prices of the Services shall also be mentioned on the Site.
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ELIGIBILE USER:
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  The services of the Site would be restricted to Registered Customers and Dealers.
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  Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If You do not qualify under this section to use the Site, You are not permitted to use the Site.
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REGISTRATION:
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  If You are a Eligible User who signs up for accessing the Site, You will create a personalized account which includes a unique username and a password to access our Site (either for the purchase of the Products or availing the Services) and to receive messages from the Company.
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  You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
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USE OF WEBSITE- USER RESTRICTIONS:
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  You agree that you will not under any circumstances:
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    collect or harvest any personal data of any user of the Site
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    use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise;
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    distribute any part or parts of the Site without our explicit written permission.
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    use the Site for any unlawful purpose or for the promotion of illegal activities. You agree that you always abide by all applicable local, state, national, and international laws and regulations in your use of the Site (including laws regarding intellectual property);
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    attempt to, or harass, abuse or harm another person or group or other users of the Site;
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    use another user’s account without permission;
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    intentionally allow another user to access your account;
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    provide false or inaccurate information when registering an account;
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    interfere or attempt to interfere with the proper functioning of the Site;
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    make any automated use of the Site or the related systems, or take any action that the Company deem to impose or to potentially impose an unreasonable or disproportionately large load on the servers or network infrastructure of the Company;
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    bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
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    circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site or the content accessible via the Site; or
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    publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
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  If Company (in its sole discretion) determines that you have acted inappropriately, we reserve our rights to prohibit you from using the Site any further and take appropriate legal actions.
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  When you use the Site or send communications to us through the Site, you are communicating with us electronically. It implies that you have given us your consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically through this Site satisfy any legal requirement that communication should be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you while accessing/registering in our website. Please note that by creating a user account or otherwise providing or submitting us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
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POSTING AND CONDUCT RESTRICTIONS:
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  When you create your own personalized account in our Website, you may be able to provide your information (“User Content”) while accessing our Site. You are solely responsible for the User Content that you post, upload, link to or otherwise make available while accessing the Site.
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  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Site at its sole discretion.
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  We grant you permission to use and access the Site, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms of Use. By transmitting and submitting any User Content while using the Site, you agree as follows:
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    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
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    You will not post information that is malicious, libelous, false or inaccurate;
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    You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
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    You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Site as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services and/or Products; and you grant to each user of the Site, a worldwide, non-exclusive, royalty-free license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Site and under these Terms of Use;
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    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
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    You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
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    You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
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    The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site or with other Users.
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ONLINE CONTENT DISCLAIMER:
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  Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
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  We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Services/Products nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
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3. \n
  Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Services / Products. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]
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4. \n
  We shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the applicable statutory Indian laws. If you become aware of a misuse of our Service/Product or violation of these Terms of Use, please contact us [Insert a Customer Support Contact Email].
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LINKS TO THIRD PARTY SITE:
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  As part of the Site, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Site subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
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  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
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COPYRIGHT /INTELLECTUAL RIGHT:
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  Any and all intellectual property rights (hereinafter referred to as the “Intellectual Property”) associated with the Site and its contents are the sole property of this Company, its affiliates or the respective third parties. We expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright if any, in this Site or originated from this Site are owned by or licensed to the Company.
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  Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post anything on this Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of our Company, our affiliates, partners, vendors, suppliers or distributors. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site.
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  Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or reference/finding a link of third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
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  You may download or copy the contents and other downloadable materials displayed on the Site for your 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 may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software. All software used on this website is the property of the Company and protected by Indian and international copyright laws.
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  The contents and software on this Site may be used only for the purposes mentioned herein. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Site is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or our affiliates or third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this Site is the exclusive property of the Company and is also protected by Indian and international copyright laws.
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  All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the 'Comments') shall be and remain the property of this Company. Such disclosure, submission or offer of any comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Thus, we shall be under no obligation:
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    to maintain any Comments in confidence;
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    to pay you any compensation for any Comments; or
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    to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
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LICENSE GRANT:
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  By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
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  We grant you a limited, personal, non-transferrable, revocable sub-license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of this Company. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of this Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of the Company and our affiliates without express written consent. You may not use any kind of 'hidden text' utilizing the Site or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or authorization granted by us.
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CANCELLATION BY WEBSITE / CUSTOMER:
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  You as a customer can cancel your booking/order for any Service or Product as per the Returns & Refund Policy which can be accessed at [insert the Returns and Refund Policy link]. In such a case we will provide a refund for any payments already made by you for the order.
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  If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders.
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  We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them in the future.
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  You as a customers are requested to raise any complaints concerning the received shipment to the Company within 48 hours of delivery. All customer complaints will be addressed as appropriate and refunds will be issued where applicable in line with the Returns & Refund Policy.
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EMAIL MAY NOT BE USED TO PROVIDE NOTICE:
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  Communications made through the Site’s email and messaging system will not constitute legal notice to the Site, or any of its officers, employees, or representatives of the Company in any situation where legal notice is required by under applicable law or regulation.
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USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM:
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  For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
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  We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message or by sending an email to [Insert Email Address Where This Can Be Sent] or mail to the following postal address:
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Customer Support

[Address]

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Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
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WARRANTY DISCLAIMER:
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  The Site, is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the Site will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
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LIMITATION OF LIABILITY:
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  In no event shall this Company, nor any of our officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and we, including our officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.
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MODIFICATION OF TERMS OF USE:
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  We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement.
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  Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.
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  You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Site. However, if you continue to use the Site you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
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  Further, any aspect of the Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of the Company. We may establish or change, at any time, general practices and restrictions concerning Services at its sole discretion.
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INDEMNITY:
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  You agree to defend, indemnify and hold us harmless, our employees, directors, officers, agents and our successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
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GENERAL TERMS:
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  Force Majeure:
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We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of our obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of god, pandemic, epidemic, war, terrorism, armed conflict, labour strike, lockout, lockdown or boycott or any other cause beyond our reasonable. We shall be excused from any such delay in our performance for so long as such event continues.

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Cessation of Operation(s):
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We may at any time, at its sole discretion and without any advance notice to you, cease operation of the Site and the consequential Services/Products provided under the Site.

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Assignment:
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We shall be permitted to assign, transfer, and subcontract our rights and / or obligations under these Terms of Use without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract and of your rights and / or obligations under these Terms of Use.

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Severability:
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If any these Terms of Use are found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Terms of Use unenforceable or invalid as a whole, and such provisions found to be unenforceable or invalid shall be deleted without affecting the remaining provisions herein.

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Waiver:
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No waiver of any of these Terms of Use will be deemed to constitute a waiver of any of the other Terms mentioned here nor shall such waiver constitute a continuing waiver unless otherwise expressly provided in writing by us.

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Entire Agreement:
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These Terms of Use, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

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Governing Law, Jurisdiction and Dispute Resolution:
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These Terms of Use shall be governed by and construed in accordance with the applicable laws of India. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of these Terms of Use. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Use between the Company and you, the same shall be referred to an independent arbitrator who will be mutually appointed by the Company and you. The decision of the sole arbitrator shall be final and binding on both the Company and the user (you). The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The place of Arbitration shall be at Chennai and the proceedings shall be in English language.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues (or within the applicable statutory limitations). Otherwise, such cause of action is permanently barred.

BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE.

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sandbox — Online Store

sandbox — Online Store