Last Updated: 15th February, 2017
1. THE TERMS
- 1.1 The terms and conditions of use of the website www.sahyadriconstructions.com and instances thereof (“Website”) between Sahyadri Constructions, a company incorporated under the Companies Act, 1956 and the users of the Website describe the terms on which the Company offers you access to the Website.
- 1.2. PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
- 2.1.a. This Website is an Internet based portal owned and operated by Sahyadri Constructions. Use of the Website is offered, subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company. Amendments shall be at the sole discretion of the Company and posted on the Website. It may include by way of imposing any charge for access to or use of a Service (defined below).
- 3.1. Sahyadri Constructions offers a platform that facilitates complete Civil Engineering solutions by its expertise team.
- 3.2. Providing online consultation services stands out to be its specific service.
4. ELIGIBILITY TO USE
- 4.1. Services are not available to minors (persons under 18 years of age In India). One shall ensure about the eligibility to enter into a contract (in case of a non resident of India) failing which the services shall not be availed. It is also expected that the user shall not be a person barred from receiving Services under the laws as applicable in India.
- 4.2. The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD, AND SECURITY
- 5.2. The user shall maintain the confidentiality of the Account Information, and all activities that occur under given Account. Any unauthorized use of the Account Information or any other breach of security shall be immediately brought to the notice of Sahyadri Constructions. Kindly ensure exit from the Account at the end of each session. The Company shall not be responsible for any loss / damage arising from failure to comply with these conditions. The user shall be liable for losses incurred by Company or any other user or visitor to the Website due to authorized or unauthorized use of the Account not keeping the Account Information secured and confidential.
- 5.3. The User shall ensure that the Account Information provided to the Website registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- 5.4. The rights to suspend or terminate an Account and refuse any and all current or future use of the Website vests with the Company (Sahyadri Constructions) in any cases of untrue, inaccurate, not current or incomplete .
6. PRICING INFORMATION
- 6.1. Sahyadri Constructions is committed to provide and render services at the best possible prices and terms. The pricing details for purchase of services are detailed under the Terms of Offer for Sale.
- 6.2. One shall agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services of the Company. Use of credit / debit card which is not lawfully owned, in any transaction, shall not be entertained. The Company also deems to maintain confidentiality of the information provided by the User. As such it is ensured not to be shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The User shall be solely responsible for the security and confidentiality of credit / debit card details. Sahyadri Constructions expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of credit / debit card.
7. USER OBLIGATIONS
- 7.2. Usage of Services, Website and the materials shall be provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
- 7.3. The User shall adhere to all limitations, on dissemination, use and reproduction of any materials (such as the product catalogues) that shall be accessed from the Website in accordance with the Terms and particularly Section 8.
- 7.4. The User shall not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided the Company. Usage of any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- 7.5. By accessing or using the Website or Services, there may be an exposure to content from other users that may be considered offensive, indecent or otherwise objectionable. Sahyadri Constructions disclaims all liabilities arising in relation to such offensive content on the Website. Further, such offensive content may be reported in the manner prescribed below.
- 7.6. Further, the User shall undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website by any illegitimate means (including such as hacking and password mining).
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Use any device or software 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;
- Violate any code of conduct which may be applicable to the Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms including but not limited to any applicable Additional Terms; and
- Reverse, engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
8. USE OF MATERIALS
- 8.1. Except as expressly indicated in any applicable Terms, the Company hereby grants a non-exclusive, freely revocable (upon notice from Sahyadri Constructions), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
- You may not modify or alter product catalogues or any other materials available on the Website; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
- 8.2. The rights granted as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by the Company.
9. USAGE CONDUCT
- 9.1. The User shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
- 9.2. This Website shall be used for reasonable and lawful purposes only, and the User shall not indulge in any activity that is not envisaged through the Website.
10. INTELLECTUAL PROPERTY RIGHTS
- 10.1. The Website and the processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Sahyadri Constructions. The design, structure, selection, coordination, expression, look, feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- 10.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Sahyadri Constructions and shall not be permitted to use the Marks without the prior consent of the Company.
- 10.3. Sahyadri Constructions owns all intellectual property rights to the trademark " Sahyadri Constructions " and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
11. DISCLAIMER OF WARRANTIES & LIABILITY
- 11.1. Sahyadri Constructions WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
- Sahyadri Constructions ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Sahyadri Constructions DOES NOT PROVIDE ANY WARRANTIES RELATING TO ANY DATA, INFORMATION, PRODUCT OR SERVICE.
- Sahyadri Constructions SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
- Sahyadri Constructions SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- 11.2. Sahyadri Constructions SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
- 11.3. NOTWITHSTANDING ANYTHING TO CONTRARY, Sahyadri Constructions’ ENTIRE LIABILITY TO THE USER SHALL BE THE REFUND OF THE MONEY CHARGED FOR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.
- 11.4. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- 12.1. Sahyadri Constructions may, in its sole discretion and without prior notice, terminate the access to the Website if Company determines that violation of the Terms or Additional Terms or any other duty owed to company is observed. Any violation of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sahyadri Constructions, for which monetary damages is likely to be inadequate, the company may obtain any equitable relief that deems necessary or appropriate. These remedies are in addition to any other remedies Sahyadri Constructions may have at law or in equity.
- 13.1. The Terms will continue to apply until terminated by either the User or Sahyadri Constructions as set forth below. Agreement with the Company tends to be terminated, by (i) not accessing the Website; or (ii) closing one’s accounts (if any).
- 13.2. Further, Sahyadri Constructions may, at its discretion and at any time with or without notice, terminate or suspend the Terms without cause or with cause if:
- 13.2.2. Urban Ladder is required to do so by law (for example, where the provision of the Services becomes, unlawful or pursuant to a request by a regulatory authority);
- 13.2.3. The provision of the Services to the end User by Sahyadri Constructions is no longer commercially viable;
- 13.2.4. The Company has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or in specific;
- 13.2.5. For technical or any other reason.
- Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of one’s materials and / or Account Information, including personal information, log-in ID and password, and all related information, files and materials associated with the user; and (iii) barring of further use of the Website or Services.
- 13.3. Urban Ladder shall not be liable to the user or any third party for any such termination.
- 13.4. Termination or suspension shall not affect the liability or obligation arising prior to such termination or suspension.
14. GOVERNING LAW
- 14.1. The Terms and all transactions entered and the relationship between the user and Sahyadri Constructions and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
- 14.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and the user shall accede to and accept the jurisdiction of such courts.
15. REPORT ABUSE
- In the event of any abuse or violation of the Terms or if there appears any objectionable content on the Website, please report to firstname.lastname@example.org
17. NEWSLETTERS AND COMMUNICATIONS
- The user, hereby expressly agrees to receive communications and newsletters from the Company by SMS and e-mails. It can be unsubscribed / opt-out from receiving communications and newsletters from Sahyadri Constructions at anytime by following the procedure set forth in the Website.
18. GENERAL PROVISIONS
- 18.1. Notice: All notices from Sahyadri Constructions will be served by email to the account designated every user or by general notification on the Website. Any notice to be provided to Urban Ladder pursuant to the Terms should be sent to email@example.com
- 18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
- 18.4. Waiver: Any failure by Sahyadri Constructions to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
- 18.5. Feedback and Information. Any feedback to this Website shall be deemed to be non-confidential. Sahyadri Constructions shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, it is represented and warranted that (i) the feedback does not contain confidential or proprietary information of the parties and third parties; (ii) Sahyadri Constructions is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) the user is not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.