Please read the following Terms and Conditions which are applicable to your use of Enduratiles.com
Endura Tiles s an Internet based content and e-commerce portal operated by H & R Johnson (India) - A Division of Prism Johnson Limited (Formerly Prism Cement Limited), a company incorporated under the Companies Act 1956 and having its Corporate Office at Mumbai.
In these Terms, references to "you", "your", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean H & R Johnson(India) - A Division of Prism Johnson Limited (Formerly Prism Cement Limited), its franchisor, affiliates and partners.
User Account, Password And Security
At the time of registration the User agrees and undertakes at all times to be responsible for maintaining and keeping the confidentiality of the password and user id, and shall be entirely responsible security of User's password and for all the transaction/activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user ID and Password for any purpose whatsoever without prior and proper authorization from such party. H & R Johnson (India) shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
The User Also Agrees To
Provide true, accurate and complete information about him at the time of registration or filling up of registration form on the Site maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If the User provides any information that is untrue, inaccurate, not current or incomplete or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Site.
You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorized purpose.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinance and regulations concerning your participation in Enduratiles.com services.
Rights To Terminate
- H & R Johnson (India) reserves its right to refuse, suspend or terminate any service or your use of the website.
- May move or remove any product or service that is available on the website without any prior notice.
- May delete any content or other materials relating to your use of the Service and H & R Johnson (India) will have no liability to you or any third party for doing so and shall not be obliged to provide you the same for any reason whatsoever.
- Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you in case of such termination.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Enduratiles.com and any user of the service.
If at any point of time information provided by you in registration or web mail is false Enduratiles.com reserves the right to terminate your account.
These terms and conditions and the relationship between the user and H & R Johnson (India) service shall be governed by the laws of the Mumbai Region without regards to its conflict of law provisions. The User and H & R Johnson (India) agree to submit to the personal and exclusive jurisdiction of the courts located within the Mumbai region, India
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Enduratiles.com service or these terms and conditions must be filed within one (1) Year after such claim or cause of action shall arise or be forever barred.
User Conduct And Rules
You Agree And Undertake That When Using The Site You Will Not
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
- Violate any applicable laws or regulations for the time being in force in or outside India.
- Edit or otherwise modify any material on the website.
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Enduratiles.com's express written consent.
User Warranty And Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Enduratiles.com
Access to certain areas of this website is restricted. Enduratiles.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Enduratiles.com may change or modify this policy without notice. Enduratiles.com may disable your user ID and password at Enduratiles.com's sole discretion without notice or explanation.
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Enduratiles.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Enduratiles.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Enduratiles.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Enduratiles.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of Enduratiles.com, or hosted or published upon this website.
Enduratiles.com's rights under these terms and conditions in relation to user content, Enduratiles.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided "as is" without any representations or warranties, express or implied. Enduratiles.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Enduratiles.com does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations Of Liability
Enduratiles.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (a) to the extent that the website is provided free-of-charge, for any direct loss; (b) for any indirect, special or consequential loss; ( c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Enduratiles.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of H & R Johnson (India) in respect of any (a) death or personal injury caused by the negligence of Enduratiles.com or its agents, employees or shareholders/owners; (b) fraud or fraudulent misrepresentation on the part of Enduratiles.com; or (c) matter which it would be illegal or unlawful for Enduratiles.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Enduratiles.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Enduratiles.com's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Enduratiles.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Enduratiles.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Enduratiles.com and undertake to keep Enduratiles.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Enduratiles.com to a third party in settlement of a claim or dispute on the advice of Enduratiles.com's legal advisers) incurred or suffered by Enduratiles.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches Of These Terms And Conditions
Without prejudice to Enduratiles.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, Enduratiles.com may take such action as Enduratiles.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Enduratiles.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Enduratiles.com may transfer, sub-contract or otherwise deal with Enduratiles.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You can contact Enduratiles.com by email at firstname.lastname@example.org