“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.
Usha International may terminate the authorization, rights and licence given at any time and, upon such termination, the user agrees to immediately destroy all materials.
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 site if the user is not competent to contract under the applicable, rules and regulations.
Governing Law and Jurisdiction
This agreement is governed and construed in accordance with the laws of the Union 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 Usha International site/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 this paragraph.
Intellectual Property Rights
USHA , SHRIRAM, LEXUS, 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 or otherwise is the Intellectual Property Right owned by and vested in Usha International Limited. The above stated IPRs are registered under the provisions of Trade marks and or Copyrights Act in favour of Usha International. Usha International 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 Usha International’s patents, trademarks, trade/domain name, logos, slogans, graphic style, design, copyright, source code or computer programme and materials or any branded features without the prior written permission of Usha International is strictly prohibited. If the user infringes upon Usha International’s rights with respect to any Usha International Proprietary Property, the user will be strictly liable to Usha International 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 site and/or its content are vested in Usha International or its licensee. Any goodwill and intellectual property rights arising out of the use of such intellectual property rights vested in Usha International shall inure only to Usha International.
Links to Non-Usha International Sites
Usha International does not undertake to monitor or review third party site content nor is Usha International responsible for the accuracy of any such third party websites. Furthermore, Usha International may provide on the site links to websites operated by non Usha International 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. Usha International 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 Usha International endorses or is affiliated or associated with or is legally authorised to use any trademark, trade name, logo or copyright symbol of Usha International or any of its affiliates or subsidiaries.
Usha International has made its site/services available to use as a matter of convenience. Usha International holds no responsibility, and shall not be liable for any damages to the computer equipment and/or other property of the user that may ensue on account of access to/use of the site or your downloading of, including but not limited to, any data, material, text, images, etc. from the site.
Usha International makes no warranties or representation as to its accuracy and Usha International specifically does not assume any liability or responsibility for any errors or omission in the content on the site. In no event, shall Usha International nor any other party involved in creating, producing or delivering the site shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation damages for loss of use, data or profits, arising out of, in any way, connected with the use or performance of the Usha International site/services.
This clause shall survive even after discontinuance of the said website.
Usha International strictly prohibits the (i) use of any device or software that may interfere with the operations of the site; or (ii) do any act that may impose unnecessary or unreasonable hindrance upon the infrastructure of the site (such as sending mass e-mails ‘ie’ “spamming”); or (iii) tamper with the software of the site or the functionality thereof. This may include, however, not limited to putting material on the site, which may be carrying any virus(s) or other elements that may damage, interfere or obstruct the programming structure of the site.
The user hereby agrees to indemnify and hold Usha International, its subsidiaries, affiliates, directors, officers and employees harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of the of or conduct on the Usha International site/services by the user.
Without prejudice to the limitation of liability set forth herein, the user agrees to take all reasonable steps to mitigate the user’s loss that may arise on account of any action or inaction on the part of the user, including but not limited to negligence, libel, defamation, violation of rights of privacy or publicity, intellectual property rights, breach of contract or otherwise, which the user may bring against Usha International.
Usha International 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;
- An IP address, assigned from the user’s computer;
- The domain server through which the user access Usha International’s 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 Usha International’s website;
- About the pages that the user visits;
- The links the user clicks on Usha International’s site; etc.
The user further agrees that by providing any material or information to Usha International, the user shall fully assign and transfer to Usha International all intellectual property rights in the material or information and that Usha International is thereby free to use the same whether before or after any modification thereof. The user also agrees that Usha International shall be free to use any ideas, concepts or know-how that the user may provide to Usha International.
Usha International 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. However, changes in this agreement shall be effective when the same is notified on the site. The user agrees that the continued use of the site after such change or alteration to this agreement will be presumed as acceptance of such change or alteration.
Usha International further reserves the right to impose limits on certain features or suspend the user’s access to parts or the entire site without any notice or liability.
Usha International expressly disclaims any warranties whether expressed or implied about the suitability, reliability, availability, truthfulness, quantity, continuity, performance lach of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained in the site for any purpose. Usha International does not warrant the absolute completeness of the material or the reliability of any other information displayed or distribution through the site. The user acknowledges that any reliance on any such information shall be at his/her sole risk and liability.
Usha International 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.
In no event, shall Usha International 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 site or in connection with this agreement.