USE OF THIS SITE IS SUBJECT TO
THE BELOW TERMS OF SERVICE.
This Web site (the "Site")
is owned and operated by Moser Baer India Limited
(“MBIL”). These Terms of Service (the
"Terms of Service" or "TOS")
act as a binding contract between MBIL and You,
the user and shall thus apply to and govern your
use, and any use by another person, of your User
Account, as well as your use of this Site and the
Services (as defined below). Your use of the Site
and/or any Service signifies your agreement to be
bound by these Terms of Service and the MBIL
Privacy Policy (the “Privacy Policy”),
which is hereby incorporated by reference.
For purposes of the TOS, the
following defined terms shall have these meanings:
(A) “Affiliates”
shall mean MBIL’s authorised distributors and
agents;
(B) “Products” shall
mean the blank optical media, IT peripherals and
consumer electronics (including but not limited to
CDRs/ DVDRs, USB drives, Headphones, Keyboards,
DVD Players) and any other such products available
for sale through MBIL’s Services on this Site;
(C) "Service(s)"
shall mean any and all services on, or provided
by, the Site, whether or not such services are
also provided or delivered by other means or media
such as software or wireless devices;
(D) "Site"
shall mean this site;
(E) "Site Content"
shall mean any and all human readable audio,
visual or audiovisual elements of this Site,
created or owned by MBIL, or third parties,
including, without limitation, any text, graphics,
images, illustrations, photographs, animations,
video, audio or audiovisual works (including, for
example, without limitation, movie trailers or
episodic works), designs, logos, information, and
other content made available through the Site;
(F) "Site Code"
means any and all underlying elements of the Site,
including without limitation, source code, script,
object code, software, computer programs, and
other sets of statements and instructions
contained in the underlying Site; and
(G) "User Account"
means any account created by you, through a
registration process for the purpose of accessing
or using certain Services on this Site.
USER(S) ELIGIBILITY
User(s) means any individual or
business entity/organization that legally operates
in India, uses and has the right to use the
services provided by MBIL or its Affiliates. Our
services are available only to those individuals
or companies who can form legally binding
contracts under the applicable law. Therefore,
user(s) must not be a minor as per Indian Law i.e.
user(s) must be at least 18 years of age to be
eligible to use our services.
MBIL and its Affiliates advise
its users that while accessing the web site, they
must follow/abide by the related laws. MBIL or its
Affiliates is not responsible for the possible
consequences caused by your behavior during use of
web site. MBIL may, in its sole discretion, refuse
the service to anyone at any time.
LICENSE TO USE THE SITE
MBIL grants you a
non-exclusive, non-transferable, limited right and
license to access, use and privately display the
Site and the Site Content as described herein for
your personal use only, by way of one (1) computer
connected to the Site over the Internet, provided
that you comply fully with these TOS. You may
"cache" pages of the Site for the sole
purpose of increasing the speed and efficiency at
which you access the Site. Any other copy or use
of a portion of the Site is not authorized, and
will be a violation of these TOS and will
constitute a violation of copyright and other such
rights which MBIL and/or its Affiliates may have
in and with respect to this Site and the Contents
on this Site. You shall not interfere, or attempt
to interfere, with the operation of the Site in
any way through any means or device, including,
but not limited to, spamming, hacking, uploading
computer viruses or time bombs, or any other means
expressly prohibited by any provision of these TOS
or by law.
USE OF INFORMATION
Anything you transmit or
post may be used by MBIL or its Affiliates for any
purpose, including, but not limited to,
reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore,
MBIL is free to use any ideas, concepts, know-how,
or techniques contained in any communication you
send to the Site for any purpose whatsoever
including, but not limited to, developing,
manufacturing and marketing products using such
information.
You will be deemed to have
consented to the disclosure to, and use by, a
subsequent owner or operator of the Site, of any
information about you contained in the applicable
MBIL database, to the extent MBIL assigns its
rights and obligations regarding such information
in connection with a merger, acquisition, or sale
of all or substantially all of MBIL’s assets, or
in connection with a merger, acquisition or sale
of all or substantially all of the assets related
to this particular Site to a subsequent owner or
operator. In the event of such a merger,
acquisition, or sale, your continued use of the
Site signifies your agreement to be bound by the
Terms of Service and Privacy Policy of the Site's
subsequent owner or operator.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS
AND OTHER INTELLECTUAL PROPERTY
The Site, Site Content,
Site Code, content available through this site and
all copyrights, site design, graphics, text
selections, arrangements, software, photographs,
illustrations, artwork, names, logos, trademarks,
service marks, trade names and all other
intellectual property or property rights therein
are proprietary to MBIL and are owned by MBIL
and/or its Affiliates and are protected by
applicable copyright, trademark and other
intellectual property laws. This site is the
property of MBIL. Unless expressly permitted in
writing by MBIL, you shall not copy, capture,
reproduce, perform, transfer, sell, license or
otherwise redistribute for any commercial purpose,
or modify, manipulate, create derivative works
from or based upon, republish, upload, edit, post,
transmit, publicly display, frame, link,
distribute, or exploit in whole or in part the
Site, the Site Content or Site Code, or otherwise
use the Site, Site Content or Site Code on any
other web site, other networked computer
environment, or in any medium now known or
hereafter developed (each, an "Unauthorized
Use").
Any Unauthorized Use
constitutes an infringement of the copyrights and
other proprietary rights of MBIL and/or its
licensors and content providers and constitutes a
violation of these TOS. Breach of contract and
violation of copyright and other intellectual
Property laws are subject to severe civil and
criminal penalties.
SOFTWARE
From time to time, and at its
sole discretion, MBIL may make available to users
certain software that may be accessible or
downloaded from this Site. In the event that you
access or download software from this Site, the
software, including any files, images incorporated
in or generated by the software, and data
accompanying the software (collectively, the
"Software") are licensed to you by MBIL
or a MBIL -approved third party software provider
("Third Party Provider"). MBIL
does not transfer title to the Software to you.
You own/operate the medium on which the Software
is recorded, but MBIL and/or the Third Party
Provider retain full and complete title to their
respective Software, and all intellectual property
rights therein. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a
human-perceivable form. Furthermore, your use of
any Software of a Third Party Provider shall be
subject to the terms and conditions set forth by
such Third Party Provider and any applicable
license agreement for its Software.
MBIL SERVICES AND RULES FOR USE
As a convenience to its
visitors, MBIL may provide, from time to time and
at its sole discretion, its Products through one
or more Services, such as Online Purchase, message
boards, and other services. These Products/
Services are provided by MBIL to you and others
subject to the TOS, the Guidelines set forth
below, the Privacy Policy and other rules that may
be published from time to time (collectively, the
"Rules") by MBIL. MBIL currently
provides the Services free of charge to users who
agree to be bound and abide by the Rules.
In the event a MBIL product or
service is listed at an incorrect price due to
typographical error or error in pricing
information received from our suppliers, MBIL
shall have the right to refuse or cancel any
orders placed for product or service listed at the
incorrect price. MBIL shall also have the right to
refuse or cancel any such orders whether or not
the order has been confirmed and credit card
charged.
TERMINATION
These terms and conditions are
applicable to you upon your accessing the Site
and/or completing the registration or shopping
process. These TOS, or any of them, may be
modified or terminated by MBIL without notice at
any time for any reason. The provisions relating
to Ownership of IPR, Disclaimer, Claims,
Limitation of Liability, Indemnification,
Applicable Laws, Arbitration and General, shall
survive any termination.
DISCLAIMER OF WARRANTY;
LIMITATION OF LIABILITY
While MBIL uses reasonable
efforts to include accurate and up to date
information in the Site, MBIL makes no warranties
or representations as to its accuracy. By
accessing this site, you agree that the use of
this site is at your sole risk. Neither MBIL, its
Affiliates, nor any of their respective
associates, agents, third party content providers,
or licensors warrant that this site will be
un-interrupted, virus-free, or error-free; nor do
they make any warranty as to the accuracy,
reliability, copyright compliance, results of the
use of this site, or content of any information
(including those posted by any user/affiliate of
MBIL), service, or merchandise provided through
MBIL. This site is provided on an "as is"
and "as available" basis without
warranties of any kind, either express or implied,
including (but not limited to) warranties of
merchantability or fitness for a particular
purpose.
This site may contain links to
other web sites, including to various payment
enabling sites (such as those of banks/ credit
card companies, etc.). You hereby agree that MBIL
shall not be held responsible for the accuracy,
copyright compliance, legality, or decency of
material contained in such sites, and you hereby
irrevocably waive any claim against MBIL with
respect to such sites.
This disclaimer and limitation
of liability applies to any damages or injury
caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in
operation or transmission, computer virus,
communication line failure, theft, 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. By accessing this site, you agree that in
no event shall MBIL, or any Affiliates thereof, be
liable for any damages (including without
limitation) direct, indirect, incidental, special,
consequential, or punitive damages arising out of
the use of, or inability to use, this site. You
specifically acknowledge and agree that MBIL is
not liable for the defamatory, offensive, or
illegal conduct of its visitors or customers, and
the liability and risk of injury for the foregoing
rests entirely with the visitor or customer.
SEVERABILITY
If any provision of this TOS
shall be held unlawful, void, or for any reason
unenforceable, then that provision shall be deemed
severable from these Terms of Service and shall
not affect the validity and enforceability of any
remaining provisions.
VARIATION IN SPECIFICATION
The specification and the product may vary in all cases. In such a case the company will either refund the amount or replace the bought product with new equivalent product/value
ARBITRATION
You agree that any and all
disputes or controversies of any nature between
them arising at any time shall be determined by
binding arbitration in accordance with the
Arbitration & Conciliation Act, 1996. The
arbitration panel shall comprise three
arbitrators, one appointed by each party and the
third appointed by the two so appointed
arbitrators.
GOVERNING LAW &
JURISDICTION
Any claim relating to this
site, the use thereof and/or the materials
contained herein is governed by the laws of India.
By accessing or using this site, you hereby
consent to the exclusive jurisdiction of the
courts located in New Delhi, India for resolution
of any dispute you have with or relating to this
site, or the goods and services offered and/or
purchased herein.
CHANGES TO SITE AND/OR TERMS
OF SERVICE
MBIL reserves the right, at its
sole discretion, to change, modify, add or remove
any portion of the Site, the Site Content, the TOS,
and/or the Privacy Policy, in whole or in part, at
any time. Changes to the TOS and Privacy Policy
will be effective when posted. You agree to review
the TOS and Privacy Policy periodically to become
aware of any changes. Your use of the Site after
any changes to the TOS and/or Privacy Policy are
posted will be considered acceptance of those
changes and will constitute your agreement to be
bound thereby.
NOTICES
All notices or demands to or
upon web site shall be effective if in writing and
shall be duly made when sent to MBIL in the
following manner: to Moser Baer India Limited, 43
– B, Okhla Industrial Estate Phase – III, New
Delhi – 110 020.
All notices or demands to or
upon a User(s) shall be effective if either
delivered personally, sent by courier, certified
mail, or email to the last-known correspondence,
email address provided by the User(s) to web site,
or by posting such notice or demand on an area of
the web site that is publicly accessible without a
charge.
Notice to a User(s) shall be
deemed to be received by such User(s) if and when
web site is able to demonstrate that
communication, whether in physical or electronic
form, has been sent to such User(s), or
immediately upon web site's posting such notice on
an area of the web site that is publicly
accessible without charge.
The above mentioned terms and
conditions of use and the Privacy Policy
constitute the entire agreement between the User(s)
and MBIL with respect to access to and use of the
web site, superseding any prior written or oral
agreements in relation to the same subject matter
herein.
|
