PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS THIS WEBSITE. THESE TERMS HAVE BEEN CREATED BY AVIANS INNOVATIONS TECHNOLOGY PRIVATE LIMITED.
“Company”; “us”; “we”; “our” shall mean Avians Innovations Technology Private Limited, a company registered under the Companies Act, 1956 having its registered office at Plot No.615, Sector-25, Pradhikaran, Nigdi, Pune- 411044. >“Website” shall mean User (“you”; “your”) shall mean any person who views, accesses and uses the Website.
The Company provides the Website to you, subject to the following Terms. These Terms form a legal agreement between the Company and you.
The Company is engaged in the business of providing variations in high speed doors, sectional overhead doors, motorized rolling shutters, fire rated shutters/doors, dock levelers, dock shelters, sliding doors, folding doors, motorized entrance gates (“Products”) etc.
The Website provides description and technical details of the Products we manufacture. Users may submit enquiries with respect to the Products through our Website.
You understand and acknowledge that the description of the Products provided on the Website is for informational purpose only, and it may be subject to change or alterations from time-to-time, as per industry standards, Product demands, and variations in the Products etc.
You agree not to:
The Company 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 the Company shall not be liable to you or any third-party for any termination of the Website.
You understand, acknowledge and agree that the Company is the sole owner of all rights, title and interest, including all Intellectual Property Rights for the Company logos, graphics, designs, collectively called as “Content” and in the Website, and any necessary software used in connection with the Website.
You understand and acknowledge that the Website is not error free, and the images, information, descriptions (“Data”) with regards to the Products, provided through it is not meant to misguide Users.
The images and photographs displayed on the Website may be our own, or may be third party content licensed to us, and is used only for marketing and representational purposes. Users shall contact the Company before relying or using the photographs, images displayed on the Website. The logos, trademarks, trade names displayed on the Website are solely owned by the respective companies. By using our Products, you hereby grant us a limited, non-transferable, irrevocable license and right to use and display your company’s name, trademarks, service marks, and logo solely for the purpose of displaying on the Website as our existing user or customer on our Website.
You may get access to testimonials (“Ancillary Services”) that are offered from time to time on the Website that may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
You expressly understand and agree that:
Your use, access of the Website is based on your independent judgment. The Website is provided on an "as available" basis. The Company 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 that the Company shall not be 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 the Company or through or from the Website shall create any warranty not expressly stated in the Terms.
You agree to indemnify and hold the Company, 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 User; (iv) infringement of third party intellectual property rights; (v) violation of any applicable laws.
You expressly understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses even if the Company has been advised of the possibility of such damages.
Notwithstanding anything contained herein or elsewhere, the maximum liability of the Company shall not exceed Rs.100/- (Rupees Hundred Only).
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 the Company 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.
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 on 15/09/2017.
Please report any violations or grievances with relation to the Terms to the Company at firstname.lastname@example.org