Website Standard Terms and Conditions

WEBSITE STANDARD TERMS AND CONDITIONS

THIS DOCUMENT (HEREINAFTER REFERRED TO AS THE “TERMS OF USE” OR “WEBSITE STANDARD TERMS AND CONDITIONS”) IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES ISSUED THEREUNDER (AS APPLICABLE), THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 and other applicable laws, rules, regulations as may be amended, modified, consolidated, substituted, and re-enacted from time to time. THESE TERMS OF USE ARE GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE TERMS OF USE ARE PUBLISHED IN ACCORDANCE WITH THE APPLICABLE LAWS OF INDIA FOR BROWSING, ACCESSING AND USING www.eshop.kirloskarpumps.com (HEREINAFTER REFERRED TO AS THE “WEBSITE” or “SITE”).

THE WEBSITE IS DESIGNED, DEVELOPED, HOSTED, OWNED, OPERATED AND MAnaged BY KIRLOSKAR BROTHERS LIMITED (CORPORATE IDENTIFICATION NUMBER –L29113PN1920PLC000670), a company incorporated under THE INDIAN COMPANIES ACT, 1913 (AND VALIDLY EXISTING UNDER THE COMPANIES ACT, 2013) AND HAVING its GLOBAL CORPORATE office at YAMUNA SURVEY NO. 98/ (3-7) BANER, PUNE 411045, MAHARASHTRA INDIA (HEREINAFTER REFERRED TO AS THE “COMPANY”, “WE”, “US” or “OUR”, WHICH EXPRESSIONS SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT HEREOF BE DEEMED TO INCLUDE ITS SUCCESSORS AND PERMITTED ASSIGNS).

For the purpose of these terms OF USE wherever the context so requires the term "You" or “user” shall mean and include any natural or legal person WHO ACCESSES, BROWSES OR USES THE WEBSITE FOR ANY PURPOSE WHATSOVER.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, BROWSING OR USING THE WEBSITE. BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU, the USER, ABSOLUTELY, UNCONDITIONALLY AND IRREVOCABLY ACCEPT AND AGREE TO ABIDE BY THESE TERMS OF USE WHICH BIND YOU LEGALLY. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE YOU ARE NOT PERMITTED TO USE THE WEBSITE AND YOU MUST IMMEDIATELY CEASE ACCESSING, BROWSING OR USING THE WEBSITE.

BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE (INCLUDING TERMS AND CONDITIONS AS INCORPORATED BY REFERENCE HEREIN) AND THAT YOU SHALL BE ENTERING INTO BINDING OBLIGATIONS WITH THE COMPANY IN ACCORDANCE WITH THE TERMS AS SET OUT HEREINAFTER INCLUDING THE POLICIES INCORPORATED HEREIN BY WAY OF REFERENCE.

1. INTRODUCTION

1.1 These Website Standard Terms and Conditions contained herein on this webpage, shall govern Your use of this Website, including all pages within this Website. You must not use this Website, if You have any objection to any of these Website Standard Terms and Conditions

1.2 This Website is purely intended as an informational website disseminating information about the Company, its associated entities, its products, its staff and sale of its products.

1.3 At present, the Website does not require You to pay any charges or fees for browsing, using and accessing the contents of the Website. However, the Company reserves the right to modify and/or revise these Terms of Use to incorporate any charges/fees for browsing, accessing or using the Website.

2. ELIGIBILITY

2.1 Use of the Website is available only to persons who are above the age of 18 years and persons who are “competent to contract” within the meaning of the Indian Contract Act, 1872. You declare and confirm that You are above 18 (eighteen) years of age, and have the capacity to contract while browsing, accessing or using this Website. Any misrepresentation of facts on Your part, or omission to state facts (willful or otherwise) whether asked for or otherwise required by the Website or any person designated in relation thereto will result in an immediate termination of the access and/or use of the Website.

2.2 If You are a minor (i.e. under the age of 18 years), You may browse, access or use the Website only under the supervision and prior consent/ permission of a parent or a legal guardian.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You absolutely, unconditionally and irrevocably agree and acknowledge that, other than the content You own, which You may have opted to provide on this Website, under these Terms of Use, all intellectual property rights and/or any proprietary information, (whether registered or unregistered) relating to any product and/or in and to the Website, including but not limited to content, offerings, programs, algorithms, formulae, analyses, technology, any and all technical and non-technical information, computer software (in various formats or media and including source code, object code), soft data, computer programmes or other programmes, upgrades, manuals, methods, layouts, flowcharts, diagrams, plans, lists, documentation, materials, data and dimension data, files, back-ups, reports, inventions, know how, methodology, design, text, graphics, images, logos, buttons, icons, interfaces, sounds, music, stills, photographs, moving image, audio and video clips, database and the selection and arrangements thereof and any other information of whatever nature, whether residing in any, copyright, copyright application, design, trademark, trademark application, trade secret, confidential information, patent, patent application belong exclusively to the Company, its affiliates and/or their licensors. You further agree that You will not infringe our intellectual property rights and/or any proprietary information, whether registered or unregistered, by any method or manner now known or as may exist in the future.

3.2 You are granted a limited license, subject to the restrictions provided in these Terms of Use, only for purposes of viewing the material contained on this Website. Except and to the extent of any license specifically granted as per these Terms of Use, You do not have any rights in, or to, the intellectual property and/or any proprietary information owned by the Company and/or its affiliates.

3.3 In the event that You elect to share any information with the Company through the Website, You agree and acknowledge that (i) all information supplied by You is either in original form, or You have the right and have been authorized to share the same with the Company, (ii) the Company may utilize the information You supply, in whole or in part, in any manner in connection with the Website, subject to the terms as specified in the Privacy Policy (iii) any modifications or improvements made to the Website as a result of Your feedback, comments or reviews are owned and controlled solely by the Company, (iv) You have no right, title or interest in or to the Website as a result of sharing Your feedback, comments or reviews.

3.4 All trademarks, service marks, trade names, copyrights, patents, designs, slogans and logos are proprietary to the Company or used by or licensed to the Company with the permission of its third-party providers. Nothing contained on in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property rights displayed on this Website without the written permission of the Company. You further acknowledge that You have no right to have access to the Website in source code form.

3.5 You absolutely and unconditionally confirm that You and/or Your authorized representatives shall not use or register, in whole or in part the intellectual property rights of the Company and/or its affiliates or any alteration, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation thereof, as or as part of a company name, trade name, product name, service name, web sites, merchandising, packaging, manuals, promotional/advertising materials or for any other purpose whatsoever.

3.6 The Website is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property rights. It is prohibited to quote or copy in part or in whole the content of the Website without any prior written consent from the Company. You acknowledge that any violation or breach or non-observance of the provisions of this Clause, including this para will cause the Company grievous harm, considerable damage and irreparable loss, which You agree, is not capable of being remedied solely by way of damages. The Company shall therefore be entitled to equitable relief including in the form of preliminary and permanent injunctions to enforce this Clause of these Terms of Use upon any actual or threatened breach by any User, which relief shall be in addition to any other relief that the Company may have in law, and each of the Users who are in breach shall pay to the Company, forthwith on demand, the full amount of all loss, claim, damage, liability and expense resulting to the Company from the breach of this Clause of the Terms of Use, without any dispute or demur.

4. PRIVACY POLICY

The Company protects User information in accordance with its Privacy Policy which is posted on the Website and provides an account of the manner in which the Company collects, stores, uses, processes and displays the Personal Information provided by You. You hereby agree to grant the Company a non-exclusive, royalty-free, irrevocable, perpetual license to use any information provided by You, on this Website, the access, use and disclosure of which shall be governed in accordance with the said Privacy Policy as specified on this Website. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of these Terms of Use and You accept the same by accessing, browsing or using the Website or through furnishing any information, as requested on the Website, from time to time.

For the purposes of these Terms of Use, “Personal Information” means any information that relates to any person, which, either directly or indirectly, is capable of identifying such person.

5. RESTRICTIONS

5.1 Subject to these Terms of Use and the Privacy Policy, we grant to You a non-exclusive, non-transferable, non- assignable, non-sub-licensable, personal, limited, revocable license to browse, access and use the Website. Any other use of the Website is strictly prohibited. We reserve all rights in and to the Website.

5.2 Except as expressly permitted under these Terms of Use, You absolutely, unconditionally and irrevocably agree not to:

a) copy, adapt, convert, abridge, display, reproduce, disseminate, republish, re-use, upload, post, transmit or distribute any content, material or information presented in, furnished, available or provided on the Website, including without limitation for public or commercial purposes, and any text, images, audio and video, except as expressly permitted on the Website’s sharing function;

b) sell, resell, sublicense, exploit and/or otherwise commercialize any Website material in whole or in part (in various formats or media including object and source code), in any form to any person without obtaining the prior written consent of the Company;

c) sell, rent, lease, sub-lease, sub-license, assign, loan, distribute, time-share, or translate any content, material or information presented in, furnished, available or provided on the Website, in any way;

d) make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;

e) remove or substitute or modify any information pertaining to intellectual property or proprietary rights from the Website;

f) modify, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website;

g) use this Website in any way that is, or may be, damaging to this Website;

h) use this Website in any way that impacts User access to this Website;

i) use this Website contrary to applicable laws rules, regulations ordinances, guidelines, orders or judgments, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

j) engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

k) use this Website to engage in any advertising or marketing;

l) access, monitor or copy any content or information of this Website using any robot, crawler, spider, scraper, or other automated means or any manual process for any purpose without the Company’s express prior written permission;

m) deep-link to any portion of the Website for any purpose without our express written permission;

n) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;

o) undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company;

p) violate the restrictions in any robot exclusion headers on the Website or bypass or restrict or circumvent other measures employed to prevent or limit access to the Website;

q) "frame", "mirror" or otherwise incorporate any part of the Website into any other Website without our prior written authorization;

r) store or use any downloaded data in an archival database or other searchable database;

s) use any "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or confidential information or any other data or information on the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or confidential information or any other information, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;

t) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, password "mining" or by any other illegitimate means;

u) probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website;

v) reverse look-up, trace or seek to trace any information of any User or any visitor to the Website, including any account on the Website not owned by the User, to its source, or exploit the Website or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to Personal Information, other than the User’s own information, as provided for by the Website;

w) make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or Users on the Website or otherwise tarnish or dilute any Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name or other intellectual property rights as may be owned or used by the Company. The User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Company;

x) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

y) refers to any Website or URL, that in the Company’s sole discretion contains material that is inappropriate for the Website or contains content that would be prohibited or violates the letter or spirit of these Terms of Use; and

z) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to the Company on or through the Website.

5.3 Certain areas of this Website are restricted from access by You and the Company may further restrict access by You to any areas of this Website, at any time, in its sole and absolute discretion. Any username and password You may have for this Website are confidential and You shall be solely responsible for maintaining the confidentiality and security of such information and shall be fully responsible for all activities which occur under or from use of such Username(s) and password(s) and/or in connection with such use. You further absolutely agree that You will not permit any third party to browse, access or use the Website using Your Username(s) and password.

5.4 You further agree and confirm that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under the User account.

6. YOUR CONTENT

6.1 In these Website Standard Terms and Conditions, “Your Content” shall mean and include any data, graphics, audio, video, text, images, information or other materials You choose to display, share, submit or otherwise transmit (whether publicly or privately) on this Website. With respect to Your Content, You grant the Company a perpetual, non-exclusive, worldwide, irrevocable, non-terminable, royalty-free and sub-licensable license to use, copy, reproduce, adapt, publish, publicly display, disclose, modify, translate, create derivative works from, sub-license and distribute Your Content in any and all media or medium and in any form, format, or forum now known or hereinafter developed, subject to the terms of the Privacy Policy. You further agree that You shall be solely responsible for Your Content and the Company shall not be responsible for Your Content You make available on or through the Website.

6.2 Your Content must be Your own and must not be infringing on any third party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

6.3 Notwithstanding anything stated to the contrary, under no circumstances will the Company be liable in any way for Your Content shared or submitted by You on the Website, including, but not limited to, any errors or omissions in Your Content, and/or for any loss and/or damage of any kind incurred as a result of the use of or arising from any such content posted, e-mailed or otherwise transmitted (whether publicly or privately) via the Website.

6.4 Users absolutely and irrevocably agree, undertake and confirm on behalf of themselves and their authorized representatives whilst accessing, browsing or otherwise using the Website, that they shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing or threatening on the basis of gender, blasphemous defamatory, abusive, obscene, pornographic, pedophilic, libelous, invasive of another's privacy including bodily privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or unlawful in any manner whatsoever;

(d) infringes any patent, trademark, trade name, service mark, logo, copyright, design, patterns or other proprietary and/or intellectual property rights of the Company, its affiliates or of any third party and/or infringes any third parties’ trade secrets or rights of publicity or privacy;

(e) violates any law for the time being in force or promotes illegal activities including any sale of counterfeit or stolen products;

(f) deceives or misleads the addressee about the origin of such messages or knowingly and/or intentionally communicates any information which is patently false or misleading in nature, but may reasonably be perceived as a fact or is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

(j) is patently false, inaccurate, misleading and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

6.5 The collection, use, processing, storage and disclosure of Your Content and any other information obtained by the Company as a result of Your use and access to the Website shall be governed by the Privacy Policy which is deemed to be incorporated in these Terms of Use.

7. THIRD PARTY SITES

7.1 Please note that the Website may contain links to external sites or pages including links provided by third parties and our affiliates who may run advertisements marketing, sales, digital or promotional campaigns on our Website to market their products and/or services to the Users of the Website. These advertisements, sales, digital, marketing or promotional campaigns may have embedded links which may re-direct Users to external sites/portals which are owned and/or operated by such third parties and/ or our affiliates. Your browsing, access and use of such third party sites and external sites/portals are subject to and shall be governed by the terms of use, privacy policy or other terms and conditions provided on such external sites / portals. The Company has no control over such external sites/ portals and it shall not be responsible for the contents and reliability of the said external sites/ portals. Mere presence of any embedded link on the Website should not be assumed as an endorsement of the views expressed on such embedded links.

7.2 The Company is not responsible whatsoever for verifying inter alia the accuracy, veracity and content of any sales, promotional, marketing and advertising campaigns run by a third party on the Website or for any defect in products or services utilised or availed of by the User as a result of such sales, promotional, marketing and advertising campaigns run on the Website. Users are advised to read the terms and conditions including privacy policies and other policies of such third party sites carefully, prior to browsing, accessing or using the services of such third parties.

8. NO WARRANTIES AND DISCLAIMERS

8.1 The information on the Website are provided on “as is” and “as available basis”, and the Company makes no representations or warranties, express or implied, and hereby expressly disclaims all warranties, representations or guarantees of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to You. The Website or Company shall not be responsible for such information or its usage by You or any decision or transaction undertaken by You in connection with or in reliance on such information / content.

8.2 The Company has been very cautious in the preparation of content of the Website, including but not limited to description, images, etc. However, these may vary from the actual content due to various reasons including but not limited to computer monitor settings, typographical errors etc. The Company shall not be bound by any errors or omissions in posting information on the Website.

8.3 Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in these Terms of Use, the Users acknowledge and confirm that the products displayed are merely recommendatory and are suggestive based upon the information shared by such User on the Website whilst conducting their search. Without prejudice to anything stated herein, the Users accessing information on the Website are required to conduct their own independent due diligence including to verify inter alia the accuracy, completeness, correctness, of such information prior to relying on any information displayed on the Website and/or proceeding with any decision or transaction in connection with the same and/or in pursuance thereof. Any and all decisions taken by Users and/or transactions entered into by Users in connection with or in reliance on such information displayed on the Website will be taken by them at their sole risk and the Company is not and will not be liable in any manner whatsoever.

8.4 The Company does not guarantee, represent or warrant that:

(a) the Website will be constantly available, or available at all. The Website may be down for maintenance or for launching in other geographies or there may be a network problem, or the Website may be experiencing excessive load in which case, the Website may not be accessible by You;

(b) the Website shall generally meet Your requirements;

(d) any error/flaw in the technology will be corrected;

(e) the results that may be obtained from the use of the Website will be accurate or reliable;

(f) the quality of any facilities, products, services, information, or other material purchased or obtained by You will meet Your expectations, and that any third party making decisions based on information about You received via the Website will be accurate, in Your favour or otherwise meet Your expectations.

8.5 You further acknowledge that on account of any technical error, loss of connectivity or network issues, certain features on the Website may not function properly or at all. You acknowledge that the Company will not be liable for any losses or damages suffered by You on account of such technical errors, interconnectivity or network issues.

8.6 This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

9. LIMITATION OF LIABILITY

You expressly understand and agree that in no event the Indemnified Parties (as defined herein below), shall be liable to You or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, expenses, costs, losses, damages, claims or liabilities (whether such liability is under contract, tort or otherwise), which You may have incurred, suffered and/or sustained arising from or related to these Terms of Use and/or the arrangements contemplated herein including but not limited to damages for loss of profits, revenue, earnings, business opportunity, goodwill, use, data or other intangible losses (hereinafter collectively referred to as “Losses”), even if the Company has been advised of the possibility of such Losses, arising out of or resulting indirectly or directly from:

(a) any failure or delay (including without limitation the use of or inability to use the Website or any part thereof); or

(b) Your use of this Website or any content, material or information thereof (including, but not limited to, Losses resulting from or arising out of Your reliance on the Website); or

(c) the performance or non-performance by the Company, even if we have been advised of the possibility of damages to such parties or any other party, or any damages to or viruses that may infect Your computer equipment or other property as the result of Your browsing, access or use of the Website or Your downloading of any content from the Website; or

(d) mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or computer failure or malfunction, or damage to computer, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss or any failure of performance of the Website; or

(e) the termination or suspension of Your username and password by the Company pursuant to these Terms of Use, if any; or

(f) applicable laws, government restrictions, lockdowns, strikes, riots, wars, or sabotage, explosions, any natural disaster, plague, epidemic, pandemic or other outbreak of diseases or illnesses or health hazards or extreme natural events or any other force majeure event, or other condition beyond the Company’s reasonable control; or

(g) any subsequent offline activities arising from or relating to the online activities pursued by You under and / or pursuant to these Terms of Use.

10. INDEMNIFICATION

10.1 Without limiting the generality or effect of the other provisions of these Terms of Use, as a condition of use, You hereby agree to defend, indemnify in full and hold harmless to the fullest extent the Company, its subsidiaries, its affiliates and their respective promoters, shareholders, employees, directors, officers, agents, and/or their successors and assigns (“Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, losses, costs demands, causes of action, damages and expenses (including attorney’s fees) (hereinafter referred to as “Claims”) of whatsoever nature and/or wherever made, which may be claimed, incurred, suffered and/or sustained by any of the Indemnified Parties or any third party, in connection with any Claims arising out of or in any way relating to (i) Your actions or inactions, including but not limited to, (a) the non-fulfillment of any of Your obligations under these Terms of Use or (b) arising out of Your violation of any applicable laws, rules, regulations, ordinances, guidelines, orders and judgments including but not limited to intellectual property rights, (c) payment of statutory dues and taxes, (d) claims relating to libel, defamation, violation of rights of privacy or publicity, (e) loss of use and/or accessibility of the Website, (ii) Your browsing, access and usage of the Website, and/or engagement in transactions on the Website, including, but not limited to, breach of warranty (iii) any passing off or alleged passing off or infringement or alleged infringement of the Company’s, its affiliates’ and any third party’s intellectual and/or informational property; (iv) breach by the Users, its employees, its authorized representatives’ or by any person acting on behalf of the User of any representations, warranties, confirmations, undertakings, covenants, obligations or terms contained in these Terms of Use and/or the Privacy Policy or any other policy referred to on the Website; and (v) any and all actions, suits, proceeding or claims, relating to the foregoing sub – paras (i) to (iv).

10.2 You shall forthwith on demand make payment to the concerned Indemnified Party, within seven days of receipt of a written demand from the Indemnified Party, without any dispute or delay.

10.3 You shall not settle any such claim without the written consent of the applicable Indemnified Party.

10.4 For the avoidance of doubt, You confirm and warrant that the aforementioned rights and remedies of the Indemnified Parties as mentioned in this para 10 are without prejudice to the Indemnified Parties’ other rights and remedies as stipulated in these Terms of Use and also without prejudice to all other rights and remedies, which the Indemnified Parties may have, including against You, in law or equity or otherwise.

10.5 You hereby agree to expressly, absolutely and unconditionally (i) release and discharge the Indemnified Parties from any and all costs, damages, liabilities or other consequences as a result of any actions/inactions of the Company’s authorized representatives or other personnel and (ii) waive any claims or demands (whether known or unknown) against the Indemnified Parties that the User may have in this behalf, including under any statute, contract or otherwise.

11. SECURITY

You are prohibited from violating or attempting to violate the security of the Website. You are prohibited from doing any of the following:

(a) Accessing data not intended for You or logging onto a server or an account which You are not authorized to access; or

(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

(c) Attempting to interfere with service of any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;' or

(d) Sending or transmitting junk email, unsolicited email, including promotions and/or advertising of products or services; or

(e) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

(f) Violations of system or network security, which may result in civil or criminal liability; or

(g) Any other action which, at our discretion, constitutes or is likely to constitute a threat to the security of the Website.

12. SEVERABILITY

If any particular provision of these Terms of Use is held to be unenforceable or invalid under any applicable law, rules, regulations, ordinances, guidelines, orders or judgments such unenforceability or invalidity shall not affect any other provision of these Terms of Use which shall remain in full force and effect. In addition, if any provision contained in these Terms of Use shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law, rules, regulations, ordinances, guidelines, orders or judgments.

13. VARIATION OF TERMS

The Company solely reserves the right to revise and/or modify and/or amend and/or substitute these Terms of Use as well as the Privacy Policy (which is incorporated herein by reference) at any time without any prior notification to You. If we decide to change the Terms of Use and Privacy Policy of the Company, we will post those changes to this Terms of Use on the home page, and other places, as we deem appropriate, along with a change notice where we feel that it is necessary and/or possible. By accessing and using this Website, You, acknowledge to have read and understood any such revised, modified, amended and substituted Terms of Use and You confirm to be bound by any and all such revisions, modifications, amendments and substitutions thereto. All such revisions, modifications, amendments and substitutions shall be effective immediately upon posting of the same by the Company and You, the User, will be deemed to have absolutely, unconditionally and irrevocably accepted all such revisions, modifications, amendments and/or substitutions. While the Company shall endeavor to notify You on the Website in the event of any updates to these Terms of Use including Privacy Policy, You shall be solely responsible for keeping Yourself informed of any revisions or updates to these Terms of Use and Privacy Policy on a regular basis to ensure You understand all terms and conditions governing use of this Website.

14. ASSIGNMENT

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required from any User or third party. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms of Use.

15. GOVERNING LAW & JURISDICTION

15.1 These Terms of Use shall in all respects be construed in accordance with and governed by the laws of India, including all matters of construction, validity and performance.

15.2 Any and all disputes arising out of or in connection with these Terms of Use will be subject to the jurisdiction of the Courts of Pune.

15.3 User confirms and undertakes that this Clause 15 is solely for the benefit of the Company and notwithstanding para15.2 above, it does not prevent the Company from taking any legal action or proceedings arising out of these Terms of Use (“Proceedings”) against the User in any other Courts of competent jurisdiction or concurrently in more than one jurisdiction.

15.4 User also irrevocably confirms and irrevocably undertakes to waive (i) any objection which it may at any time have to the laying of the venue of any Proceeding in any Court referred to in this Clause 15 and any claims that any such Proceedings have been brought in an inconvenient forum and (ii) any and all immunities (including from suit, attachment, execution or other legal process), if any, to the fullest extent permitted by applicable law.

15.5 You acknowledge that this Website is operated, controlled and administered solely in India. While the Company makes every effort to ensure that the Website operates in a legally compliant manner, You, the User expressly acknowledge and agree that the Company shall not be responsible for complying with the laws of different jurisdictions (other than India) where You are based out of. You specifically waive any rights which are granted to You under any foreign laws and further acknowledge the adequacy and sufficiency of the laws of India to protect inter alia Your privacy rights. The Company makes no representation that the Website is appropriate or available for use outside the Republic of India.

16. CONTACT US

In case You require any clarifications or in case of any issues arising pursuant to the Terms of Use (or any other related policies), You may contact us using details provided in the “Contact Us” Tab provided on the Website.

17. GRIEVANCE REDRESSAL

17.1 In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, as may be amended, modified or supplemented from time to time, the name, designation and contact details of the respective Grievance Redressal Officers are provided below:

1. Grievance Redressal Officer for Technical Issues

Name: Gaurav Ray

Designation: Deputy General Manager – Small Pump Business – Customer Sales and Support

Email: TechnicalGrievanceOfficer@kbl.co.in.

2. Grievance Redressal Officer for Commercial Issues

Name: Gaurav Ray

Designation: Deputy General Manager – Small Pump Business – Customer Sales and Support

Email: CommercialGrievanceOfficer@kbl.co.in.

For any issues, complaints, queries, comments or feedback as provided by You in relation to the Website, You may reach out to the respective Grievance Redressal Officers.

17.2 On the raising of a complaint, You will be issued a ticket number, through which the status of the complaint can be tracked. The respective Grievance Redressal Officer shall endeavour to acknowledge Your complaints, within forty- eight (48) hours of the receipt of such complaint, and shall seek to address and/or resolve the same within a period of one month of the receipt of such complaint. You further understand and agree that the decision of the respective Grievance Redressal Officer shall be final and binding in this regard.

18. Comments / Posts

18.1 By browsing, accessing and/or using the Website, You specifically acknowledge and understand that the Company has invested and continues to invest significant amounts towards the development and maintenance of the Website. The Company strongly encourages and values feedback and suggestions from its Users. However, You specifically acknowledge and understand that in the event You use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content, the Company may suffer severe losses. Hence, in order to prevent such wrongful loss, the Company would encourage You, the User to not post any negative / false/ misleading information, feedback, comment, or review on the Website or on any public domain without first bringing the same to the notice of the Grievance Redressal Officer specifying Your feedback and further permitting the Company through its Grievance Redressal Officer to address any issues/queries or feedback as provided by You.

18.2 You further understand and acknowledge that failure on Your part to consult with the Grievance Redressal Officer and posting /uploading or otherwise disseminating any negative/ false/ misleading information, comments, feedback or reviews without providing any opportunity to the Company to address Your grievances/issues, shall entitle the Company to proceed against You, the User for damages for any losses suffered by the Company. Any claim for damages shall be in addition to the rights for injunctive reliefs since claim for damages may not be a sufficient remedy. The Company shall further be entitled to treat any such negative/ false/ misleading information, feedback/comment/ review to be defamatory / libelous or malicious in nature and take appropriate action against the User as it may deem fit.

18.3 In the event, a User posts any review, feedback, content or submits material on the Website, the User agrees to:

(i) grant the Company and/or its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User information that User make available, in any media or medium, and in any form, format, or forum now known or hereafter developed; and

(ii) grant the Company and its affiliates and sub-licensees the right to use the non-sensitive personal data or information (including the name and address that the User submits in connection with such User information).

18.4 The User absolutely and unconditionally agrees that the rights as granted in this Clause 18 are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such User information and material on the Website. The User also agrees to perform all such further acts necessary to perfect any of the rights granted to the Company and/or affiliates, including the execution of deeds and documents, at its request and furthermore waives its right to be identified as the author of such content and Your right to object to derogatory treatment of such User information.

18.5 In the event the User posts negative/ false/ misleading information, feedback, comment, or review, the Company shall have the right to remove or delete a review or comment or feedback posted by the User at its sole discretion, if it is of the opinion that such review or comment or feedback (i) contains offensive language; or (ii) causes disadvantage to the Company or (iii) is false and misleading. The Company shall also, at its sole discretion have the right to refrain the User from accessing or using the Website or posting any further reviews or comments or feedback on the Website.

19. DURATION

19.1 You agree that these Terms of Use shall govern Your usage of the Website for the above mentioned purpose and shall be effective on and from You browsing, accessing and using the Website.

19.2 You agree that the Company, in its sole discretion, may terminate Your username and password, or Your participation in any event under the Website, and remove and discard any of Your information within the Website, for any reason, without notice, including, without limitation, for lack of use or if the Company believes that You have violated or breached these Terms of Use. The Company may also in its sole discretion and at any time discontinue the Website, or any part thereof, with or without notice. Furthermore, You agree that the Company shall not be liable to You or any third party for the Company’s decision to suspend, discontinue or refrain Your browsing, accessing or using to the Website.

19.3 Unless expressly stated under these Terms of Use, any termination of use shall not relieve You of any obligation accrued hereunder before such termination, or affect the Company’s rights hereunder.

20. MODIFICATION OF SOFTWARE

The Company solely reserves the right to revise, modify, add, delete and/or change the contents and classification and presentation of the information on the Website at any time as it may in its absolute discretion find necessary and/or expedient and without having to give any notice to You. It is each User's sole responsibility to refer to the terms and conditions and in addition thereto, to be mindful of all such modifications, additions, deletions and/or changes or addition to the same while browsing, accessing or using the Website.

21. MISCELLANEOUS PROVISIONS

21.1 The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between User and the Company nor trade practice shall act to modify any provision of these Terms of Use.

21.2 If You do not wish to receive unsolicited information from us, then you may opt out of receiving these unsolicited information by clicking the “UNSUBSCRIBE” link at the bottom of emails you receive or on the unsubscribe page on the Platform.

21.3 Please take full responsibility for Your own security and do not under any circumstances disclose Your bank details, credit card details, Your personal username or password or other such information to any other person unless You are confident that the information will not be misused and all such disclosures by You will be entirely at Your own risk and cost.

21.4 Please also ensure that You do not leave Your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining Personal Information about You.

22. COMPLIANCE WITH LAWS

Notwithstanding anything stated hereinabove and for the avoidance of doubt, all obligations of the Company and the User, are and will be subject to compliance with all applicable laws, rules, regulations, ordinances, guidelines, orders and judgments including those of India (including in particular the Information Technology Act, 2000, and the rules framed thereunder, and the Consumer Protection (E-Commerce) Rules, 2020) as may be amended, modified, consolidated, substituted and re-enacted from time to time.

23. ADHERANCE TO TERMS AND CONDITIONS

By clicking “Agree and Continue” You hereby confirm that You have read, reviewed and understood the terms and conditions contained in these “Terms of Use”, the “Privacy Policy” and other “Policies”, if any, which may be displayed on the Website, from time to time, and You absolutely and unconditionally agree to abide by the same.

I I HAVE READ, UNDERSTOOD, AND HEREBY ABSOLUTELY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE TO ABIDE BY THESE TERMS OF USE, PRIVACY POLICY AND OTHER POLICIES, AS MAY BE DISPLAYED *

*Mandatory Field.

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