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Terms and Conditions
Terms and Conditions
Agreement Between You and Ishan Ceramics Pvt Ltd (ICPL)
Thank you for visiting www.ishanworld.com (the ‘Website’). Please read these terms and conditions carefully before you start to use the Website. By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the ‘Agreement’). If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately.
The Website is owned and operated by Ishan Ceramics Pvt Ltd (ICPL) (“the Company”), whose principal office is at Khasra no-1342 Pili Pokhar ,Gram -Poia Post-Tarrakpur Main Hathras road, Near Reliance Petrolpump AGRA 282006.
Ishan Ceramics Pvt Ltd (ICPL) is incorporated under the Indian Companies Act, 1913. You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement only applies to this site and our online activities, and does not apply to any of our offline activities.
Modification of Terms
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
General
Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.
We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it. However, we cannot and have not checked the accuracy of all information provided by outside sources, for example by the providers of other information, or of other parties linked to or from the Website.
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents.
We aim to ensure that availability of the Website will be uninterrupted, and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed, and we reserve the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.
Disclaimer of Warranty
To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this website. All such information is provided ‘as is’ without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of Liability
In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
Access to, or use of this website, or delay or inability to use this website, or any information contained in this website; or,
The availability and utility of products and services
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by us.
Indemnity
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Indemnity Links to Third-Parties' Websites
This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.
Limitations on Use
You agree to use this Website solely to determine the availability of goods and services and make legitimate reservations or transact business with us. You agree to use the Website only for personal, non-commercial use. You agree to use the Website’s services to make only legitimate purchases. You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Website are your sole responsibility.
You agree to not abuse the Website. ‘Abuse’ includes, without limitation, using the Website to:
- Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
- Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
- Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
- Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
- Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
- Download or upload files that are unlawful to distribute through the Website.
- Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
- Cause an excessively large load on the infrastructure of the Website.
- Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another. Violate this Agreement in any other manner.
User Generated Content
You understand and agree that we are not responsible or liable for any User Generated Content. All User Generated Content which you may decide to exchange, submit, provide or upload, will not be reviewed in advance by us – we reserve the right to take down any User Generated Content for any reason deemed fit by us, including but not limited to the User Generated Content being unlawful or in breach of these T&Cs and any other applicable T&C. You understand and agree that our discretion in relation to the same shall be final and binding upon you. We ask that you flag or inform us in accordance with our Notice-and-takedown Procedure, if you become aware of (potentially) unlawful infringing, and/or offensive content exchanged, provided or uploaded by others. You agree to indemnify us from and hold us harmless against any and all claims from third parties relating to the User Generated Content.
All Rights Reserved
This Site is for the your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. All product or trade names of Ishan Ceramics referenced herein are our registered Trademarks or registered copyright marks.
Colour Depictions
All colors displayed on the website are subject to variation based on the resolution of the computer. Ishan Ceramics is not liable for any shade variations.
Jurisdiction
Any dispute or difference relating to the website shall be referred to the Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment of the same. Reference shall be made to three Arbitrators, wherein, each party shall appoint one Arbitrator and the two appointed arbitrators shall in turn jointly appoint the third Arbitrator. The venue of the Arbitration shall be Mumbai and the language of the Arbitration shall be English.
Any legal actions pertaining to this website shall be commenced within the competent courts in Mumbai, to the exclusion of other courts.
Intellectual Property
Any and all intellectual property rights (“IP”) associated with the Website and its contents, including the information, data, underlying software, source code or software data, databases, blog posts, video clips, audio clips, designs, trade dress, photographs, images, logos, brands, custom icons, and other items (the “Content”) are the sole property of Ishan Ceramics. Our Website’s Content is protected by applicable intellectual property laws.
In addition, the look and feel of the website, including all layout, compilation, logos, artwork custom graphics, button icons and scripts, is the copyright of Ishan Ceramics.
This Content may not be used or interfered with in any manner without the express written consent of Ishan Ceramics. Except as otherwise expressly authorized by the terms of use and policies, user may not copy, reproduce, modify, license, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without Ishan Ceramics’ prior written permission. Except as expressly provided herein, Ishan Ceramics does not grant to user any express or implied rights to Ishan Ceramics Intellectual Property.
Trademarks: All logos, product or service names, packaging and slogans contained on the website are trademarks of Ishan Ceramics and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ishan Ceramics. You may not use any meta tags or any other “hidden text” utilizing “Ishan Ceramics” “ap” or any other name, trademark or product or service name of Ishan Ceramics without prior written permission.
Permission to Use
Permission is granted to temporarily access any information or software on the Ishan Ceramics website only for personal, non-commercial, transitory viewing only. This is a permission to use and not a transfer of title, and you may not:
- modify or copy the materials.
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
iii. Attempt to decompile or reverse engineer any software contained on the Ishan Ceramics website.
- remove any copyright or other proprietary notations from the materials or
- transfer the materials to another person or “mirror” the materials on any other server.
This permission will be automatically terminated if you violate any of these restrictions, and may also be revoked by Ishan Ceramics at any time. Upon terminating your viewing of these materials or upon the revocation of permission by Ishan Ceramics, the user must destroy any downloaded materials in your possession, whether in electronic or printed format.
Limitations on Use: User shall be solely responsible for their use of Websites and undertakes to use them at their own risk. User shall not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website and undertakes not to do any of the following:
- Violate applicable intellectual property, publicity, or privacy rights, including, w.r.t. any Content uploaded, downloaded, or transmitted on the Website.
- Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
- Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
- Download or upload files that are unlawful to distribute through the Website.
- Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
USER GENERATED CONTENT
- The Website may include interactive areas or services, such as forums, blogs, chat rooms or message boards, or other areas or services in which the user may post or share content, messages, materials, data, information, text, graphics, audio, video, or other items or materials (“User Content”). User understands and agrees that Ishan Ceramics is not responsible or liable for any User Content. All User Content exchanged, submitted, provided, or uploaded, is not reviewed in advance by Ishan Ceramics and Ishan Ceramics reserves the right to take down any such content for any reason deemed fit, including but not limited to the said content being unlawful or in breach of its Terms of Use or any other terms and conditions incorporated therein through reference or for such reasons as mentioned below. User understands and agrees that Ishan Ceramics’ discretion in relation to the same shall be final and binding upon you.
- User represents that with respect to user generated content – –
- Users who have uploaded content on this Website have represented and warranted that they have the required rights, permissions and/ or authority to permit Ishan Ceramics to use it on the Website. Ishan Ceramics disclaims all responsibility and liability in respect thereof and users hereby agree to indemnify Ishan Ceramics against all losses, damages, claims, proceedings, suits or actions and/or other adverse consequences which may arise out of or result in third party claims of infringement of intellectual property rights.
- If the content uploaded by user infringes copyrights or other intellectual property rights of others, Ishan Ceramics reserves the right to have such content removed or suspended in whole or part, pending enquiry or on a permanent basis. Ishan Ceramics reserves the right, in the appropriate circumstances and at our discretion, to disable and/or block users who repeatedly infringe or are flagged / charged repeatedly with infringing the copyrights or other intellectual property rights of others.
- If a user believes that any material hosted by Ishan Ceramics infringes their copyright or trademark rights, they may flag the same to Ishan Ceramics by emailing on info@ishanworld.com and providing the following information:
(a) identifying the copyrighted work or trademark claimed to have been infringed and providing reasonable proof thereof.
(b) identifying the material that is claimed to be infringing or the subject of infringing activity, and unambiguous information reasonably sufficient to allow Ishan Ceramics to locate the material on the Website
(c) information reasonably sufficient to permit Ishan Ceramics to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party;
(d) a statement that the complaining party believes, to the best of his knowledge and in good faith, that use of the material in the manner complained of is not authorized by the copyright or trademark owner.
- Objectionable Content: Ishan Ceramics reserves the right to block / remove any feedback, comment or post or user generated content which –
- is obscene, indecent, pornographic, profane, sexually explicit, lewd, suggestive, threatening, harassing, or abusive.
- constitutes or contains false or misleading indications of origin or statements of fact, is inflammatory, fraudulent, deceptive, or misleading.
- slanders, libels, defames, disparages, or otherwise violates the legal rights of others.
- impersonates another person or entity, or that collects, extrapolates, or uses any information about site visitors.
- causes injury of any kind to any person or entity.
- infringes or violates the intellectual property rights (including copyright, design, and trademark rights), invasive of privacy or publicity rights or any other rights of any third party.
- violates any applicable laws, rules, or regulations.