TERMS OF SERVICE
Last
updated
September 01, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Crudex Controls Private
Limited
(
'Company',
'we', 'us', or 'our'
)
, a company registered in
India
at Design Centre, 10 Desai Apartment, Opp.
Dev
Commercial Centre, Gotri Road, Vadodara - 390021, Gujarat, India.
, Vadodara
, Gujarat
390021
.
We operate the
website
http://www.crudexcontrols.com
(the 'Site'
),
the mobile application Crudex
(the
'App'), as well as any other related products and
services
that refer or link to these legal terms (the 'Legal
Terms') (collectively, the
'Services').
You can contact us by phone at +91 8000 11 8085, email
at
crudexcontrols@gmail.com
, or by mail to
Design Centre, 10 Desai Apartment, Opp. Dev Commercial Centre, Gotri Road,
Vadodara - 390021, Gujarat, India.
, Vadodara
, Gujarat
390021
,
India
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ('you'
), and Crudex Controls Private Limited, concerning your access
to
and use of the Services. You agree that by accessing the Services, you have read, understood,
and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to
these
Legal Terms at any time and for any reason. We will alert you about any changes by updating
the
'Last updated' date of these
Legal
Terms, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes in
any
revised Legal Terms by your continued use of the Services after the date such revised Legal
Terms
are posted.
All users who
are
minors in the jurisdiction in which they reside (generally under the
age
of 18) must have the permission of, and be directly supervised by,
their
parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms
prior
to you using the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose
to access the Services from other locations do so on their own initiative and are solely
responsible
for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'),
as
well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright
and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through
the Services 'AS IS' for your
internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES
' section below, we grant you a
non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your
internal business purpose.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: crudexcontrols@gmail.com. If we ever grant
you
the permission to post, reproduce, or publicly display any part of our Services or Content, you
must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the '
PROHIBITED ACTIVITIES
' section carefully prior to
using
our Services to understand the (a) rights you give us and (b) obligations you have when you post
or
upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to
its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as
a
Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a licence (including use of
your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and licence
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and
exploit
your Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This licence
includes our use of your name, company name, and franchise name, as applicable, and any
of
the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES
' and will not post, send,
publish, upload, or transmit through the Services any Submission
nor post any Contribution that is
illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral
rights to any such Submission and/or Contribution;
- warrant that any such Submission
and/or Contributions are original to you or
that
you have the necessary rights and licences to submit such Submissions
and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions
; and
- warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely
responsible
for your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual
property rights, or (c) applicable law.
We may remove or
edit
your Content: Although we have no obligation to monitor any Contributions, we shall
have
the right to remove or edit any Contributions at any time without notice if in our reasonable
opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the
intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
'
section below.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree to
comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal
or unauthorised purpose;
and
(7) your use of the Services will not violate
any
applicable law or regulation.
If you
provide
any information that is untrue, inaccurate, not current, or incomplete, we have the
right to
suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
You may
be
required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene,
or
otherwise objectionable.
5.
PRODUCTS
We make every effort to display as accurately as possible the colours, features,
specifications, and details of the products available on the Services. However, we do not
guarantee that the colours,
features, specifications, and details of the products will be accurate, complete, reliable,
current, or free of other errors, and your electronic display may not accurately reflect the
actual colours and details
of
the products. All products are subject to
availability, and we cannot guarantee that items will be
in
stock. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Rupay
- UPI
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the Services. You further
agree
to promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as
needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices
at
any time. All payments shall be in Indian Rupees.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any
such
amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders placed by or under
the
same customer account, the same payment method, and/or orders that use the same billing or
shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed
by
dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
__________
Cancellation
You can cancel your subscription at any time by contacting us
using
the contact information provided below. Your cancellation will take
effect
at the end of the current paid term. If you have any questions or are unsatisfied with our Services,
please email us at crudexcontrols@gmail.com.
Fee Changes
We may, from time to time, make changes
to
the subscription fee and will communicate any price changes to you in accordance with applicable
law.
8. RETURN POLICY
All sales are final and no refund will be issued.
You may not
access or
use the Services for any purpose other than that for which we make the Services available.
The
Services may not be used in connection with any commercial
endeavours except those that are specifically endorsed or
approved
by us.
As a
user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly
or indirectly, a collection, compilation, database, or directory without
written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of
the Services, including features that prevent or restrict the
use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws
or
regulations.
- Engage
in unauthorised framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text),
that
interferes with any party’s uninterrupted use and enjoyment of
the
Services or modifies, impairs, disrupts, alters, or interferes
with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, clear graphics
interchange
formats ('gifs'), 1×1 pixels, web bugs, cookies,
or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection
mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to
Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in any way
making
up a part of the Services.
- Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorised script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by
electronic
or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretences
.
- Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any revenue-generating
endeavour
or commercial enterprise.
-
Sell or otherwise transfer your profile.
10. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate
in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit,
perform, publish, distribute, or broadcast content and materials to us
or on
the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively,
'Contributions'). Contributions may be
viewable by other users of the Services and through third-party
websites. As
such, any Contributions you transmit may be treated as non-confidential
and
non-proprietary. When you create or make available any Contributions,
you
thereby represent and warrant that:
- The creation, distribution, transmission,
public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but
not limited to the copyright, patent, trademark, trade secret, or moral
rights
of any third party.
- You are the creator and owner of or have the
necessary licences
, rights, consents, releases, and permissions to use and to authorise
us,
the Services, and other users of the Services to use your Contributions in
any
manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false, inaccurate,
or
misleading.
- Your Contributions are not unsolicited or unauthorised
advertising, promotional materials, pyramid schemes, chain letters, spam,
mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise
objectionable
(as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any
applicable
law, regulation, or rule.
- Your Contributions do not violate the privacy
or
publicity rights of any third party.
- Your Contributions do not violate any
applicable
law concerning child pornography, or otherwise intended to protect the
health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference,
or physical handicap.
- Your Contributions do not otherwise violate,
or
link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use
of
the Services in violation of the foregoing violates these Legal Terms and may
result
in, among other things, termination or suspension of your rights to use the
Services.
By
posting
your Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have
the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
licence to
host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat,
translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or
incorporate into other works, such Contributions, and grant and authorise sublicences
of the foregoing. The use and distribution may occur in any media
formats
and through any media channels.
This
licence will
apply
to any form, media, or technology now known or hereafter developed, and includes
our
use of your name, company name, and franchise name, as applicable, and any of
the
trademarks, service marks, trade names, logos, and personal and commercial
images
you provide. You waive all moral rights in your Contributions, and you warrant
that
moral rights have not otherwise been asserted in your Contributions.
We do
not
assert any ownership over your Contributions. You retain full ownership of all
of
your Contributions and any intellectual property rights or other proprietary
rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services.
You are solely responsible for your Contributions to the Services and you
expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal
action against us regarding your Contributions.
We have
the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change
any Contributions; (2) to re-categorise any Contributions to place them in more
appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at
any
time and for any reason, without notice. We have no obligation to monitor your
Contributions.
12. MOBILE
APPLICATION LICENCE
Use Licence
If you access the
Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by you, and to access
and
use the App on such devices strictly in accordance with the terms and conditions of this mobile
application licence contained
in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
App;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of
the
App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating
endeavour, commercial
enterprise, or
other purpose for which it is not designed or intended; (6) make the App available over a
network or
other environment permitting access or use by multiple devices or users at the same time; (7)
use
the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any
website or to send any unsolicited commercial email; or (9) use any proprietary information or
any
of our interfaces or our other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
App.
Apple and
Android
Devices
The following terms
apply
when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence
granted
to you for our App is limited to a non-transferable licence
to use the application on a device that
utilises the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal
Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor
has no obligation whatsoever to furnish any maintenance and support services with respect to the
App; (3) in the event of any failure of the App to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a country
that is subject to a US government embargo, or that has been designated by the US government as
a
'terrorist supporting' country
and
(ii) you are not listed on any US government list of prohibited or restricted parties; (5) you
must
comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in
violation
of their wireless data service agreement when using the App; and (6) you acknowledge and agree
that
the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application licence contained
in
these Legal Terms, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal
Terms against you as a third-party beneficiary thereof.
13. ADVERTISERS
We allow advertisers to
display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such advertisements,
and
we have no other relationship with advertisers.
14. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
15. PRIVACY
POLICY
We care about data privacy
and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
India
and United States
. If you access the Services from any other region of
the
world with laws or other requirements governing personal data collection, use, or disclosure that
differ
from applicable laws in
India
and United States
, then through your continued use of the Services, you
are
transferring your data to
India
and United States
, and you expressly consent to have your data
transferred
to and processed in
India
and United States
.
16. COPYRIGHT
INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a 'Notification'
). A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable law you may be held
liable
for damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that
material located on or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
17. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
18. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services
at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
19. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
India
. Crudex Controls Private Limited and yourself irrevocably
consent
that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
20. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us
(individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided
below) informally for at least ninety (90) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this
clause.
The number of arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be
Vadodara,
India
. The language of the proceedings shall be English. The governing law
of
these Legal Terms shall be substantive law of
India
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or
authority
for any Dispute to be brought in a purported representative capacity on behalf of the general public or
any
other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will
elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
22.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
23. LIMITATIONS
OF LIABILITY
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD
PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth
in these Legal Terms; (5) your violation of the rights of
a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your
expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you agree to
cooperate,
at your expense, with our defence
of
such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which
is subject to this indemnification upon becoming aware of it.
25. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
27. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, please disable
the
SMS feature from your settings section using web app or mobile app.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages
sent
or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications,
please email us at crudexcontrols@gmail.com
or call at +91 8000 11 8085
.
28. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
29. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact us
at:
Crudex Controls Private Limited
Design Centre, 10 Desai Apartment, Opp. Dev Commercial Centre,
Gotri
Road, Vadodara - 390021, Gujarat, India.
Vadodara
, Gujarat
390021
India
Phone: +91 8000 11 8085
crudexcontrols@gmail.com