Acceptance
of Terms
Excel Ceramic Pvt. Ltd. ("Excel")
makes this website ("the Site")
including all information, documents,
communications, files, text, graphics,
software, and products available
through the Site (collectively,
the "Materials") and all services
operated by Excel and third parties
through the Site (collectively,
the "Services")', available for
your use subject to the terms and
conditions set forth in this document
and any changes to this document
that Excel may publish from time
to time (collectively, the "Terms
of Use").
By
accessing or using this Site in
any way, including, without limitation,
use of any of the services, downloading
of any Materials, or merely browsing
the Site, you agree to and are bound
by the Terms of Use.
Excel
reserves the right to change the
Terms of Use and other guidelines
or rules posted on the Site from
time to time at its sole discretion,
and will provide notice of material
changes on the home page of the
Site. Your continued use of the
Site, or any Materials or Services
accessible through it, after such
notice has been posted constitutes
your acceptance of the changes.
Personal
and Non-Commerical Use Limitation
Unless
otherwise specified, the Materials
and Services are for your personal
and non-commercial use. You may
not modify, copy, distribute, transmit,
display, perform, reproduce, publish,
license, create derivative works
from, transfer, or sell any information,
software, products or services obtained
from the Services.
Intellectual
Property Rights
The
Materials and Services on this Site,
and any software used in connection
with these Services contain proprietary
and confidential information that
is protected by applicable intellectual
property and laws like copyright,
trademark and other laws, and any
unauthorized use of the Materials
or Services at this Site may violate
such laws and the Terms of Use.
You agree not to modify, rent, lease,
loan, sell, distribute or create
derivative works based on the Site,
its Materials, or its Services,
in whole or in part.
You
may use the Materials and the Services
and the related software only subject
to the agreement or the license
that accompanies such software or
Services. You may use the Services
only during their specified term,
for the enumerated number of times,
for the specified number of individuals,
or as otherwise limited in the applicable
license agreement or license. Services
involving an update, version release,
product release, maintenance release,
patch or derivative work of a licensed
Software or Service may be used
only: (a) on systems for which such
Software or Service were specifically
licensed ; and (b) subject to the
license and warranty term governing
the original product or Service.
You
must not modify, recompile, or reverse
engineer any Software Excel discloses
to you, and must not remove, overprint,
or deface any notice of copyright,
trademark, logo, legend, or other
notice of ownership from any originals
or copies of Software or Information
from the Materials or Services.
The
software and the accompanying documentation
that is made available to download
from this Site is the copyrighted
and/or patented work of Excel and
/or its suppliers. Use of the software
is governed by the terms of the
end user license agreement, if any,
which accompanies or is included
with such software. You will not
be able to download or install any
software that is accompanied by
or includes a license agreement
unless you agree to the terms of
such end user license agreement.
If you do not agree to such terms,
you will not be able to use the
software.
Use
of the documents available on the
site
Excel will occasionally update this
privacy statement. For material
changes to this Statement, Excel
will notify you by placing prominent
notices on the Web site. Excel
and/or its respective suppliers
make no representations about the
suitability of the information contained
in the documents and related graphics
published as part of the services
for any purpose. All such documents
and related graphics are provided
"as is" without warranty of any
kind. Excel and/or its respective
suppliers hereby disclaim all warranties
and conditions with regard to this
information, including all warranties
and conditions of merchantability,
whether express, implied or statutory,
fitness for a particular purpose,
title and non-infringement. In no
event shall Excel and/or its respective
suppliers be liable for any special,
indirect or consequential damages
or any damages whatsoever resulting
from loss of use, data or profits,
whether in an action of contract,
negligence or other tortuous action,
arising out of or in connection
with the use or performance of information
available from the services.
The
documents and related graphics published
on the services could include technical
inaccuracies or typographical errors.
Changes are periodically added to
the information herein. Excel and/or
its respective suppliers may make
improvements and/or changes in the
product(s) and/or the program(s)
described herein at any time.
Trademark
Information
The trademarks, logos, and service
marks ("Marks") displayed on this
Site are the property of Excel or
other third parties. You are not
permitted to use the Marks without
the prior written consent of Excel
or such third party that may own
the Marks. Excel and the Excel logo
are trademarks of Excel Ceramic
Private Limited.
This
site could include technical or
other mistakes, inaccuracies, or
typographical errors. Excel may
make changes to the materials and
services at this site, including
the prices and descriptions of any
products listed herein, at any time
without notice. The materials or
services at this site may be out
of date, and Excel makes no commitment
to update such materials or services.
The
use of the services or the downloading
or other use of any materials through
the site is done at your own discretion
and risk and with your agreement
that you will be solely responsible
for any damage to your computer
system, loss of data, or other harm
that results from such activities.
Excel assumes no liability for any
computer virus or other similar
software code that is downloaded
to your computer from the site or
in connection with any services
or materials offered through the
site. No advice or information,
whether oral or written, obtained
by you from Excel or through or
from the site shall create any warranty
not expressly stated in the terms
of use.
International
Users
This Site can be accessed from countries
around the world and may contain
references to Excel products, services,
and programs that are not available
in your country. These references
do not imply that Excel intends
to announce such products, services,
or programs in your country.
The
Site is controlled, operated, and
administered by Excel from its offices
within India. Excel makes no representation
that the Site, or the Services or
Materials available through it,
are appropriate or available for
use at other locations outside India,
and access to the Site from territories
where the Site or any of its Services
or Materials are illegal is prohibited.
If you access the Site from a location
outside India, you are responsible
for compliance with all local laws.
See section on Export Control Laws,
below, for further information.
Personal
Information and Privacy
To learn about how Excel protects
your personal information, such
as your name and address, refer
to the Excel online privacy policy.
Except as set forth in the privacy
policy or in the terms of use, your
personal information will be deemed
to be confidential. You understand
and agree that we may disclose information
about you if we have a good faith
belief that we are required to do
so by law or legal process, to respond
to claims, or to protect the rights,
property, or safety of Excel or
others, or as stated in our privacy
policy.
Limitation
of Liability
In no event, including, without
limitation, negligence, shall Excel,
its subsidiaries, affiliates, agents,
officers, directors, employees,
partners, or suppliers be liable
to you or any third party for any
special, punitive, incidental, indirect,
or consequential damages of any
kind, or any damages whatsoever,
including, without limitation, those
resulting from loss of use, data,
or profits, whether or not Excel
has been advised of the possibility
of such damages, and on any theory
of liability, arising out of or
in connection with the use of or
the inability to use this site,
its services, or materials, the
statements or actions of any third
party on or through the site, any
dealings with vendors or other third
parties, any unauthorized access
to or alteration of your transmissions
or data, any information that is
sent or received or not sent or
received, any failure to store or
loss of data, files, or other content,
any services available through the
site that are delayed or interrupted,
or any web site referenced or linked
to from this site.
Some
jurisdictions prohibit the exclusion
or limitation of liability for consequential
or incidental damages. Accordingly,
the limitations and exclusions set
forth above may not apply to you.
Governing
Law and Jurisdiction
This site (excluding linked sites)
is controlled by Excel from its
offices within the State of Gujarat.
By accessing this site, you and
Excel agree that all matters relating
to your access to, or use of, this
site shall be governed by the statutes
and laws of the State of Gujarat,
without regard to the conflicts
of laws principles thereof. You
and Excel also agree and hereby
submit to the exclusive personal
jurisdiction and venue of the High
Court of Gujarat and the United
States district court for the northern
district of California with respect
to such matters.
Language
It is the express wish of the parties
that the Terms of Use and all related
documents have been drawn up in
English.
General
You represent and warrant that you
are at least 18 years of age and
that you possess the legal right
to use Excelceramic.com in accordance
with the stated terms and usage
policies. You hereby agree to supervise
usage by, and be responsible for
the actions of, any minors who use
your computer to access Excelceramic.com.
You warrant that you are at least
18 years of age and possess the
legal authority to enter into this
agreement and in accordance with
all terms and conditions herein.
All
dates and times are 0000 hrs IST
of the said date unless otherwise
stated.
The
Terms of Use and the other rules,
guidelines, licenses and disclaimers
posted on the Site constitute the
entire agreement between Excel and
you with respect to your use of
the Site. If for any reason a court
of competent jurisdiction finds
any provision of the Terms of Use,
or portion thereof, to be unenforceable,
that provision shall be enforced
to the maximum extent permissible
so as to effect the intent of the
parties as reflected by that provision,
and the remainder of the Terms of
Use shall continue in full force
and effect. Any failure by Excel
to enforce or exercise any provision
of the Terms of Use or related right
shall not constitute a waiver of
that right or provision. The section
titles used in the Terms of Use
are purely for convenience and carry
with them no legal or contractual
effect.