GENERAL TERMS AND CONDITIONS
- Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
- By using any of our services or subscribing you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound/accept by the Terms, you must not subscribe to or use our services.
- In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third-party service providers, and “we”, “us” and “our” shall mean Cavin International Private Limited / CIPL.
- We reserve the right to refuse any order at any time. Special orders will be accepted on discretionary bases and may also be refused.
- We will not claim any responsibility for Product related issues/allergies resulting from ordered Products.
- Special orders will be accepted on a discretionary basis and may also be refused without assigning any reason.
- By mere use of the Website, You shall be contracting with CIPL and these terms and conditions including the policies constitute your binding obligations, with CIPL.
- You shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. You shall not create a hypertext link to the Website or “frame” the Website, except with the express advance written permission of CIPL.
- When you use any CIPL Service or send e-mails to us, you are communicating with us electronically. You approve and accept to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other CIPL Services.
- You agree and acknowledge that CIPL is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that CIPL Products is entitled to provide services to you through subsidiaries or affiliated entities. Our content may not be sold, reproduced, or distributed without our written permission.
PRICING
- All prices listed on the Sites are subject to change. Pricing/information displayed is for reference purposes only and may be subject to change without notice.
DISCLAIMER OF WARRANTIES
- CIPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall CIPL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use or the inability to use the Services.
SEVERABILITY
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
LIMITATION OF LIABILITY
- We shall not be liable to you save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise arising out of the use of the service or connection to the web site. To the maximum extent permitted by law, CIPL and/or its respective suppliers hereby disclaims all warranties, terms and conditions with regard to this information, products and services including all implied warranties, terms and conditions, by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title and non-infringement in no event, shall CIPL and/or its suppliers be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of this Website or with the delay or inability to use this Web site or for any information, products and services obtained through this Website or otherwise arising out of the use of this website whether based on contract, tort, strict liability or otherwise, even if CIPL or any of its suppliers has been advised of the possibility of damages. Notwithstanding anything to the contrary, the maximum liability of CIPL and/or its respective suppliers shall not, in any case, exceed in aggregate, the value of the order in respect of which such claim arises.
FORCE MAJEURE
- We shall not be liable to you in respect of any delay in the performance of these terms and conditions or delay in performance or breach of the terms and conditions due to any event or circumstances beyond our reasonable control.
- Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, Pandemic, epidemic any strike or labour disturbance, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party’s failure or delay in performance due to force majeure must be given to the unaffected Party promptly thereafter but no later than five (5) days after its occurrence which notices shall describe the force majeure event and the actions are taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labour disturbance or dispute. Notwithstanding the foregoing, should the event(s) of force majeure suffered by a Party extend beyond a Two month period, the other Party may then terminate this order by written notice to the non-performing Party.
GOVERNING LAW
- These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.
TRUTHSOME DISCLAIMER
Web Site
The Web site provided by CAVIN INTERNATIONAL PRIVATE LIMITED (CIPL) is a “free” service. Whilst reasonable care has been taken to ensure that the information being displayed is correct and accurate, “CIPL” does not give any guarantee or representation or warranty of any kind, whether actual or implied, to the users/visitors or accept responsibility or liability of any nature whatsoever for the improper operation of the service or the Site (including any associated software) or reliance by any person on the Site content. The information, material and the services included in or available on this Site may include inaccuracies or typographical or other errors. CIPL does not accept any responsibility for any error or omission or inaccuracy or mistake of any nature or any consequences of the use of the material/information displayed on the site. Without affecting the generality of the foregoing, “CIPL” does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or bugs or other harmful components. CIPL does not warrant or represent that the use of the service or the information or materials made available, as part of the service will result in any particular benefit or assure any gains or will not result in any loss.
Disclaimer
In no event shall “CIPL” be liable for any direct, indirect, punitive, incidental, special, Consequential damages or any other damages whatsoever including, with limitation, damages For loss of site access, data or profits, arising out of or in any way connected with the use or Performance of web sites, with the delay or inability to use the service or related web sites, the provision or of failure to provide services or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if “CIPL” has been advised of the possibility of damages. “CIPL” shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. Some states/jurisdiction do not allow the exclusion or limitation of liability as provided in this clause. If you are based in any such state/jurisdiction please do not use this site. This site is not to be used and is not intended to be used in any such state/jurisdiction. If you are dissatisfied with any portion of the services offered under this site, or with any of the “OTHER TERMS AND CONDITIONS OF USER”, your sole and exclusive remedy is to discontinue using this Web Site.
This website is maintained to endeavour to provide information relating to the products dealt with by “CIPL” and other general information relevant for business. This Site also affords interaction between a customer and “CIPL”. Each User is advised to be prudent and use independent judgment in all dealings on the Site or whilst using any information posted on the Site. “CIPL” shall not be responsible/liable for any damages or delays as a result of the products which are out of stock or otherwise unavailable. All products offered shall be subject to availability of product /stock unless any product is required to be custom made. Further no responsibility or liability is accepted whatsoever with regard to material on site. The details contained in the site is only informative and of a general nature.
Admissibility
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Right to restrict the use of the Site
“CIPL” has the right (i) to exercise sole discretion to impose limits on the usage of this service; and/or ii) to refuse to process transactions with specific users without assigning any reason; and/or iii) to terminate the user’s service and refuse all future or current use of this service without assigning any reason.
Use of the Site Content
You may download, retrieve and display the Site Content on a computer screen or (if expressly authorised) other electronic devices including a mobile telephone, or print individual pages and store such pages or other form in any form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Site Content. “CIPL”. will not be bound to give any permission or consent contemplated in these Terms and Conditions.
Intellectual Property Protection
All rights in Designs, Copyright, Trademarks (whether registered or not) and all other intellectual property rights including the contents and design of the Site and any material e-mailed to you or otherwise obtained by you from the use of or access to the Site appearing in this website are owned by “CIPL”. You are permitted to retrieve and display pages from this website on a computer screen and may print individual pages and store pages in electronic form for information purposes only. You may not copy (otherwise than as permitted by this clause), reproduce, modify, distribute, republish, display, post or transmit any part of this website without “CIPL’s” prior written consent. You will also abide by all the terms and conditions of user which may have been prescribed.
Termination
“CIPL” may, in its sole discretion, without prior intimation, terminate or suspend your access to all or part of the Site (including any right to access) with or without cause by delivering notice to you. This right of termination is in addition to all other rights or remedies of “CIPL” provided in these Terms and Conditions or by law.
Alterations/Changes to the Site
“CIPL” reserves the right, at any time and from time to time, in its sole discretion, without any prior notice or intimation, to alter, change, modify, add or remove, or suspend portions of the Site Content available on the Site and/or to otherwise restrict the use and/or accessibility of the Site or the Site Content. All such amended terms shall be effective from the date of posting on the Site and any subsequent use of the Site shall be subject to and governed by the amended terms. Users are therefore advised to regularly check these terms and conditions for any amendments or updates.
Registration
For accessing certain areas of the Site you may be required to register/subscribe for the same. This will involve you being required to create your own user name/log-in identity and password. You are solely responsible for the confidentiality and use of and access to the Site Content and the Site using your user name, sign-on password, and/or I.D.
Privacy Policy
You agree to “CIPL” using, in accordance with the Privacy Policy Statement, the information that you provide about yourself to them.
Change / Alterations of these Terms and Conditions
“CIPL” may, in its discretion, at any time and from time to time, change these Terms and Conditions (including those relating to your use of Site and its Content).
Non -Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations or in taking any legal or other action will operate as a waiver of any right.
Assignment of Agreement
This agreement may be assigned to a third party by CIPL. This agreement is personal to you. Your rights and/or obligations under these Terms and conditions can not be assigned, sub-licensed or otherwise transferred.
Severability
If any provision or part of these Terms and Conditions is invalid or unenforceable, such provision or part will not render the other provisions of these Terms and Conditions unenforceable or invalid. These Terms and Conditions will be read and construed as if the invalid or unenforceable provision(s) / part(s) are not contained therein.
Governing Law and JurisdictionThese Terms and Conditions shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the civil courts at Chennai, India shall alone (subject to the paragraph below) have exclusive jurisdiction to deal with all matters in connection with these Terms and Conditions. Notwithstanding the above, CIPL shall have a right (but shall be under no obligation to do so) to bring any proceedings relating any matters arising out of, under, or in connection with these Terms and Conditions or use of the Site in the courts of the country of your residence or, the country of your principal place of business.