Website Standard Terms and Conditions
WEBSITE STANDARD TERMS AND CONDITIONS
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).
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.
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
3.4 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.
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;
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
6.2 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;
(c) is harmful to children or minors in any way;
(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.
7. THIRD PARTY SITES
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.
8.4 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;
(c) the information provided is accurate or up-to-date;
(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
(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
(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
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.
10.5 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.
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.
13. VARIATION OF TERMS
15. GOVERNING LAW & 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
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
2. Grievance Redressal Officer for Commercial Issues
Name: Gaurav Ray
Designation: Deputy General Manager – Small Pump Business – Customer Sales and Support
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.
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
21.2 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
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