PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE YOUINDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESETERMS YOU MAY NOT ACCESS THIS WEBSITE. THESE TERMS HAVE BEEN CREATED BY NKB TECHNOVATIONS INDIA PRIVATE LIMITED.
“Company”; “NKB Technovations”; “us”; “we”; “our” shall mean NKB Technovations India Private Limited, a company registered under the Companies Act, 1956 having its registered office at 5/3 NKB House, Survey No.98, Plot No, 14, Bhusari Colony, Kothrud, Pune – 411004, India.
“Website” shall mean www.[●].com.
“Viewer” shall mean any person who views, accesses, uses the Website.
2. ACCEPTANCE OF TERMS:
NKB Technovations provides the Website to you, subject to the following Terms. These Terms form a legal agreement between NKB Technovations and you.
3. DESCRIPTION OF WEBSITE:
NKB Technovations in engaged in the business of providing a comprehensive range of intelligent automation, conveying, intra-logistics and materials handling solutions.
5. VIEWER CONDUCT:
You agree not to:
• to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
• upload, post, email, transmit or otherwise make available any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
• upload, post, email, transmit or otherwise make available any data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
NKB Technovations may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, without notice to you. Further, you agree that NKB Technovations shall not be liable to you or any third-party for any termination of the Website.
7. LINKS AND THIRD PARTY ADVERTISERS:
The Website may provide, links to other World Wide Web sites or third party websites, advertisers or resources. You understand and acknowledge thatNKB Technovations has no control over such sites, advertises and resources, and agree that NKB Technovations is not responsible for the availability or non-availability of such external sites, advertises or resources, and does not endorse and is not responsible or liable for any data, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NKB Technovations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such data, goods or services available on or through any such site, advertises or resource. You shall be solely responsible to access such third party links and advertises.
8. PROPRIETARY RIGHTS OF NKB TECHNOVATIONS:
You understand, acknowledge and agree that NKB Technovations is the sole owner of all rights, title and interest, including all Intellectual Property Rights for the images, audios, graphics, designs, information, content collectively called as Content, Website, and any necessary software used in connection with the Website.
9. DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
• your use, access of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. NKB Technovations expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• no advice or information, whether oral or written, obtained by you from NKB Technovations or through or from the Website shall create any warranty not expressly stated in the Terms.
You agree to indemnify and hold NKB Technovations, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) Personal Information you submit, post, transmit or make available through the Website, (ii) your violation of these Terms, (iii) your violation of any rights of another Viewer; (iv) infringement of third party intellectual property rights; (v) violation of any applicable law.
11. LIMITATION OF LIABILITY:
You expressly understand and agree that NKB Technovations shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if NKB Technovations has been advised of the possibility of such damages.
Notwithstanding anything contained herein or elsewhere, the maximum liability of NKB Technovations shall not exceed Rs.100/- (Rupees Hundred Only).
12. GOVERNING LAWS AND DISPUTES:
This Agreement shall be construed and governed by the laws of India and the courts at Pune shall have the exclusive jurisdiction over such disputes.
Waiver: The failure of NKB Technovations to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
14. CHANGES TO THIS POLICY:
We may update the Terms without notice to you. You are encouraged to check the Terms on a regular basis to be aware of the changes made to it.
The Terms were last modified in [●], 2015.
20. CONTACT US:
Please report any violations or grievances with relation to the Terms to NKB Technovations at [●].