Welcome to www.vachhani.com The Website is owned and controlled by Vachhani Impex, a company incorporated under the laws of India and under the provisions of the Companies Act, 2013 having its registered office at [Address]. Your use of the Website shall be governed in accordance with the Terms and Conditions as set out herein along with the Privacy Policy, as modified and amended from time to time. These Terms and Conditions are applicable to all visitors alike (visitors shall collectively be referred to as “You/Your/Users”)
1. APPLICABILITY OF THESE TERMS AND CONDITIONS:
1.1 THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU AND Vachhani Impex. BY USING THE WEBSITE AND IT’S FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT;
1.2 These Terms and Conditions also include the Privacy Policy available at www.vachhani.com/terms-conditions and you are requested to carefully read both these documents;
1.3 These Terms and Conditions are subject to revision by Vachhani Impex at any time. The revised Terms and Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.
2. ELIGIBILITY TO USE:
2.1 You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through these Terms and Conditions with your parent or legal guardian, and in such a case these Terms and Conditions shall be deemed to be a contract between Vachhani Impex and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
2.2 Vachhani Impex Reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without any reasons for doing so.
3. USER OBLIGATIONS
3.1 Vachhani Impex grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the information provided herein.
3.2 You agree to use the information, Website and the Content (as defined herein) provided herein only for purposes that are permitted by: (a) the Agreement(s); and (b) any applicable law.
3.3 You agree not to access (or attempt to access) the Website or information by any means other than through the interfaces that are provided by Vachhani Impex. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
3.4 You agree that You are solely responsible to Vachhani Impex and to any third party for any breach of Your obligations under these Terms and Conditions or other Agreements and for the consequences (including any loss or damage which Vachhani Impex or its affiliates or its vendors may suffer) for any such breach.
3.5 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
3.6 You shall not indulge in any such activities that interferes with or disrupts access to the Website. You shall not upload any files that contain viruses, corrupted files, or any other similar software or programme that may damage the operation of the Website or another’s computer.
3.7 Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Vachhani Impex server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
3.8 Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
3.9 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
3.10 Use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Vachhani Impex or other third parties;
3.11 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
3.12 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
3.13 Violate any applicable laws or regulations for the time being in force within or outside India;
3.14 Violate the terms of the Agreement.
4. USE OF CONTENT:
Except as expressly indicated to the contrary herein, Vachhani Impex hereby grants you a non-exclusive, revocable and non-transferable right to view the Content available on the Website, subject to the following conditions:
A. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
B. You may not modify or alter Content available on the Website;
C. You may not distribute or sell, license or otherwise make the Content available on the Website available to others; and
D. The design, layout or look and feel of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
5. INTELLECTUAL PROPERTY RIGHTS:
5.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Vachhani Impex and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. Vachhani Impex reserves the right to change or modify the Content from time to time at its sole discretion;
5.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Vachhani Impex. You are not permitted to use the Marks without the prior consent of Vachhani Impex;
5.3 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Vachhani Impex.
6. LIMITATION WARRANTIES AND LIABILITIES:
6.1 The Website and the Content, are provided by Vachhani Impex on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise;
6.2 You expressly understand and agree that, to the maximum extent permitted by applicable law, Vachhani Impex will not be liable for any loss that you may incur as a consequence of unauthorized use of the Website, either with or without your knowledge;
6.3 Vachhani Impex has endeavored to ensure that all the information on the website is correct, but Vachhani Impex neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Vachhani Impex shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Vachhani Impex shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Vachhani Impex control. Vachhani Impex accepts no liability for any errors or omissions, with respect to any information provided to you on the Website;
7. INDEMNIFICATION:
7.1 You agree to indemnify, defend and hold harmless Vachhani Impex, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website;
7.2 Vachhani Impex may notify you of any claims which you shall be liable to indemnify Vachhani Impex against. You will then be required to consult with Vachhani Impex regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Vachhani Impex without the express prior written consent of Vachhani Impex which can be withheld or denied or conditioned by Vachhani Impex in its sole discretion;
7.3 Notwithstanding anything to contrary in the Agreement(s), in no event shall Vachhani Impex, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Vachhani Impex has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website or Content.
8. GOVERNING LAW AND JURISDICTION:
8.1 These Terms and Conditions and all transactions entered into on or through the Website and the relationship between you and Vachhani Impex shall be governed in accordance with the laws of India without reference to conflict of laws principles;
8.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms and Conditions, or any transactions entered into on or through the Website or the relationship between You and Vachhani Impex shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
9. REPORT ABUSE AND TAKE DOWN POLICY:
In the event you come across any abuse or violation of these Terms and Conditions or if you become aware of any objectionable content on the Website, or if you believe your intellectual property rights have been violated in any manner through the Website, please inform Vachhani Impex on the contact details available on the Website.