| Disclaimer
Clause
1. Web Site
The Web site provided by CAVINKARE PRIVATE
LIMITED (CKPL) is a "free" service.
Whilst reasonable care has been taken to
ensure that the information being displayed
is correct and accurate, "CKPL"
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. CKPL 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, "CKPL" 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. CKPL 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.
2. Disclaimer
In no event shall "CKPL" 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 "CKPL" has been advised of the possibility of damages. "CKPL" 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.
3. This website is maintained to endeavour
to provide information relating to the products
dealt with by "CKPL" and other
general information relevant for business.
This Site also affords interaction between
a customer and "CKPL". 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. "CKPL" 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.
4. 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.
5. Right to restrict the use of the Site
"CKPL" 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.
6. 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. "CKPL". will
not be bound to give any permission or consent
contemplated in these Terms and Conditions.
7. 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 "CKPL". 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 "CKPL's"
prior written consent. You will also abide
by all the terms and conditions of user
which may have been prescribed.
8. Termination
"CKPL" 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 "CKPL" provided
in these Terms and Conditions or by law.
9. Alterations/Changes to the Site
"CKPL" 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.
10. 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.
11. Privacy Policy
You agree to "CKPL" using, in
accordance with the Privacy Policy Statement,
the information that you provide about yourself
to them.
12. Change / Alterations of these Terms
and Conditions
"CKPL" 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).
13. 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.
14. Assignment of Agreement
This agreement may be assigned to a third
party by CKPL. 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.
15. 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.
16. GOVERNING LAW AND JURISDICTION
These 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, CKPL
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.
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