1. Permitted Use of The Site.
- You may use the Site, and the information, writings, images, designs, illustrations, videos, and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Ekofanatik, its products, services, media, content, company information, legal documents.
- By accessing the Site, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sub-license, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the products, services or content in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to Ekofanatik’s server in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs the Ekofanatik’s website or interferes with any other party’s use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page;
- Attempt to gain unauthorised access to the Site;
- Access the Site by any means other than through the interface that is provided by Ekofanatik for use in accessing the Site;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms;
- Any unauthorised use of any Content or the Site that may violate any applicable laws.
- The Site is based upon Ekofanatik’s intellectual properties and includes its Content.
- The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Ekofanatik or its licencors (if any). Ekofanatik owns and retains all copyrights in the Content.
- Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Ekofanatik’s wordmarks, logos and other marks used by Ekofanatik from time to time are trademarks and the property of Ekofanatik.
- You represent that you have all right, title, and interest to materials you post on the Site or provide to Ekofanatik’s(“Materials”), including but not limited to any consent, authorisation, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognised by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
- You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorised to submit, and that the posted Materials do not contain any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
- You agree that you will not knowingly and with intent to defraud provide material and misleading information.
- You represent and warrant that the Materials you supply do not violate these Terms.
- Links on the Site to third party web sites or information are provided solely as a convenience to you.
- If you use these links, you may leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Ekofanatik, of third party, the third-party web site, or the information there. Eofanatik is not responsible for the availability of any such web sites.
- Ekofanatik cannot guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
- Ekofanatik and its service providers, licencors and suppliers make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the Site or the Content for any purpose.
- To the maximum extent permitted by applicable law, all such information, software, products, service and related graphics are provided “as is” without warranty or condition of any kind.
- Ekofanatik and its service providers, licencors and suppliers hereby disclaim all warranties and conditions of any kind with regard to the site and the content, including all implied warranties or conditions of merchant-ability, fitness for a particular purpose, title and non-infringement.
- No statement or information, whether oral or written, obtained from Ekofanatik by any means or fashion shall create any warranty not expressly and explicitly set forth in this agreement. The content may include inaccuracies or typographical errors.
- To the maximum extent permitted by applicable law, in no event shall Ekofanatik and its service providers, licencors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other type of damages, including without limitation damages for cover or loss of use, data, revenue or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, or for any content, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, the failure of any limited remedy to achieve its essential purpose, or otherwise, even if Ekofanatik or any of Ekofanatik’s suppliers has been advised of the possibility of damages.
- If, notwithstanding the other terms of this agreement, Ekofanatik is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of Ekofanatik and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licencors or suppliers shall in all cases be limited to INR 5000.
- You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless Ekofanatik, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licencors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms.
- If you are a customer of Ekofanatik or an employee, representative or agent of Ekofanatik’s customer, your use of Ekofanatik’s product or services is subject to additional terms and conditions.
- Entire Agreement/No Waiver
- Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Ekofanatik, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Ekofanatik does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/ Choice of Law/ Choice of Forum
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All rights reserved.