These Terms and Conditions govern the use of the website that is made available by Usha International Ltd. These Terms and Conditions represent the whole agreement and understanding between Usha International Ltd. and the individual or entity who subscribes to website and services
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting user use of the website and services user agree to comply with all of the terms and conditions set out in this Agreement.
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
"User" means and includes any person or an entity or any legal entity using or accessing the services, means and includes any goods/ merchandise/ products/ services/ offers/ display items that are uploaded/shown, the related description, information, procedure, processes, warranties, delivery schedule, etc.
"Section 2(v) of the Information Technology Act 2000", "Information" includes data, text, images, sounds, codes, computer programs, software and databases or micro film or computer generated micro fiche.
The user represents and warrants that the user is competent and eligible to enter into a legally binding Agreement that the user shall not use this website if the user is not competent to contract under the applicable, rules and regulations.
Intellectual Property Rights
USHA, SHRIRAM, MAWANA, ZENTRA, UIL, USHA CARE, INFINITY, USHA NANO etc. Trademark/ logo, any prefix or suffix placed in juxtaposition to these marks, or combination thereof, any sub marks displayed in conjunction to the aforesaid marks or otherwise, slogans, literary information, technical specification or any other information as defined in the terms of usage and displayed on the website of the Usha international limited (“UIL”) or otherwise is the Intellectual Property Right owned by and vested in UIL. The above stated IPRs are registered under the provisions of Trademarks and or Copyrights Act in favour of UIL. UIL is the owner of all content (including but not limited to design, logos, colour schemes, graphics style, text, images and videos) displayed on this website, unless otherwise stated. Any unauthorized use of UIL trademarks, /domain name, logos, slogans, graphic style, design, copyright, source code or computer program and materials or any branded features without the prior written permission of UIL is strictly prohibited. If the user infringes upon UIL rights with respect to any UIL Proprietary Property, the user will be strictly liable to UIL for any and all damages, including recovery of attorney's fees, which may be suffered and/or incurred as a result of such infringement.
The user acknowledges that all the intellectual property rights (whether registered or unregistered) in the website and/or its content are vested in UIL or its licensee. Any goodwill and intellectual property rights arising out of the use of such intellectual property rights vested in UIL shall inure only to UIL.
Links to Non- Usha International Ltd. Sites
UIL does not undertake to monitor or review third party site content nor is UIL responsible for the accuracy of any such third party websites. Furthermore, UIL may provide on the site links to websites operated by non UIL entities. If the user visits any linked site, the user shall do so at his/her own risk and it shall be the responsibility of the user to take all protective guard against viruses or other destructive elements. UIL makes no warranty or representation regarding any link or web information appearing thereon or any of the products or services described thereon. Links do not imply that UIL endorses or is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol of UIL or any of its affiliates or subsidiaries.
The user can upload photographs / images / recipes / videos that are original and have been created with the skill and effort of the user and user must be the sole author and owner of the intellectual property rights therein. In no event the uploaded images/recipes/videos should be a slavish reproduction or imitation of the original work of any third party amounting to violation of the Intellectual property Rights vested in the said party. The recipes which will be uploaded on the UIL website should have mentioned that it was prepared by using one or more of UIL Appliances. It is mandatory condition which user has to follow and no recipe should be uploaded with this.
The user must hold valid legal rights in the copyright of the content i.e images, videos & recipes that users are uploading. The content that is considered to infringe the copyright or trademarks of other individuals, organizations or any third party will immediately will be removed from the web page of UILand the user will also liable to indemnify UIL for any loss/damages or attorney fees incurred or suffered by UIL thereupon...
The user must not upload photographs/videos that contain objectionable content, including but not limited to nudity, violence, and other offensive, illegal or inappropriate images.
The user understands that UIL do not monitor all user’s photograph(s)/ image(s)/ videos/ content on the UIL site and are under no obligation to do so. However, UIL reserve the right to monitor all photographs(s)/ image(s) / content and without notice, to edit, delete or remove any photographs(s)/ image(s)/content which deem to be inappropriate.
By uploading images, videos and content, user permit UIL , a royalty-free, non-exclusive rights to copy, crop, edit, publish, display, distribute, sublicense or otherwise use the image for the full term of copyright thereof, in connection with the publication or display of the images in all media including without limitation on the Internet, on mobile platforms and/or devices, in printed materials, and in the advertising, publicity and promotion thereof with due credit given to you. User also understands and agrees that nothing in this agreement obligates UIL to display or use user image/photograph/video/content.
Users are permitted to use 1GB space for uploading photographs(s)/image(s)/video(s)/content.
UIL at all times shall be responsible for the safe custody of any/all personal information (hereafter "Data") that has been collected from you during the registration process. UIL at all times, shall be responsible for the data to be secured, conserved and protected in such secure manner consistent with the extant security standards and corresponding measures that may be required.
UIL site is being provided on an "as is" basis. At times, site may not be available or may be affected by faults or maintenance work, or by circumstances outside our control. No warranty is given about the quality, functionality, availability or performance of our site or any content on the site. UIL reserve the right to change, suspend or withdraw content from our site, to suspend user registration or access to our site, or to discontinue site feature at any time without notice. User is responsible for Internet Service Provider fees and any other fees related to your use of our site.
UIL strictly prohibits the (i) use of any device or software that may interfere with the operations of the website; or (ii) do any act that may impose unnecessary or unreasonable hindrance upon the infrastructure of the website (such as sending mass e-mails 'i.e.' "spamming"); (iii) tamper with the software of the website or the functionality thereof. This may include (not limited to) putting material on the website, which may be carrying any virus(s) or other elements that may damage, interfere or obstruct the programming structure of the website.
Reservation of Rights
UIL reserves the right and sole discretion to:
- Terminate any account for providing fraudulent and misleading information.
- Terminate user account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that UIL believes is harmful to its business.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against UIL or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that UIL determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to UIL.
User agrees that it may be necessary for UIL to temporarily suspend the website use/ service for technical reasons or to maintain network equipment or facilities.
UIL may receive and collect certain information in standard usage logs through identification information obtained from "cookies", sent to the user's browser from a:
- Web server cookie stored on the user's hard drive;
- IP address, assigned from the user's computer;
- The domain server through which the user access UIL services;
- The type of computer used by the user;
- The type of web browser used by the user;
- Name including first and last name;
- Alternate e-mail address;
- Mobile phone number and contact details;
- Zip/Postal code;
- Opinions of features on UIL's website;
- About the pages that the user visits;
- The links the user clicks on UIL's site; etc.
The user further agrees that by providing any material or information to UIL, the user shall fully assign and transfer to UIL all intellectual property rights in the material or information and that UIL is thereby free to use the same whether before or after any modification thereof. The user also agrees that UIL shall be free to use any ideas, concepts or know-how that the user may provide to UIL.
UIL assumes all the rights, at its sole discretion, to change, alter, add or remove any portion of this Agreement in whole or in part at any time without any notice. Such changes or modifications shall be made effective upon posting of the modified Agreement on the website
The user agrees that the continued use of the website after such change or alteration to this Agreement will be presumed as acceptance of such change or alteration. UIL further reserves the right to impose limits on certain features or suspend the user's access to parts or the entire website without any notice or liability.
UIL expressly disclaims any warranties whether expressed or implied about the suitability, reliability, availability, truthfulness, quantity, continuity, performance viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained in the website for any purpose. UIL does not warrant the absolute completeness of the material or the reliability of any other information displayed or distributed through the website. The user acknowledges that any reliance on any such information shall be at his/her sole risk and liability. UIL expressly disclaims any representations or warranties of any kind and conditions with regard to their service, software, products and related graphics including all implied warranties and conditions of merchantability.
The user hereby agrees to indemnify and hold UIL its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse UIL with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to user breach of this Agreement or use of UIL website/services by the user for unauthorized and unwarranted purpose.
The user agree to indemnify and hold UIL harmless from any loss, liability, claims, damages and expenses, including attorney’s fees, arising from or related to the user contents which is in violation or infringement of proprietary rights or copyrights and/or when any defamatory or unlawful material is uploaded on the UIL website.
Limitation of Liability
UIL has made its website and services available for use. UIL holds no responsibility and shall not be liable for any damages to the computer equipment and/or other property of the user and/or any other damage that may occur on account of access /use of the site or user downloading nay content including but not limited to, any data, material, text, images, etc. from the website. UIL makes no warranties or representation as to accuracy of information and UIL specifically does not assume any liability or responsibility for any errors or omissions in the content on the website.
In no event, shall UIL be liable for any direct, indirect, consequential, punitive, special or interim damages resulting from or arising out of or in connection with the use of the website or in connection with the Agreement or any other services or products provided to the user.
In no event, shall UIL nor any other party involved in creating, producing or delivering the website shall be liable for any direct, indirect, punitive, incidental, special or consequential loss or damages or for any damages whatsoever including, without limitation damages for loss of use, loss of data, loss of profit, loss of revenues arising out of, in any way, connected with the use or performance of the UIL website/services. This clause shall survive even after discontinuance of the said website.
Governing Law and Jurisdiction
This Agreement is governed and construed in accordance with the laws of India. The user hereby irrevocably consents to the exclusive jurisdiction and venue of Courts in New Delhi, India with respect to all disputes relating to or arising out of the use of the UIL website and/o services. Use of the site/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation the present clause relating to Governing Law and Jurisdiction.