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Please read these terms and conditions carefully before using this Website.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.jains.com
Welcome to Jain Irrigation Systems Ltd., India ("Company”) website www.jains.com (“Website”) Terms and Conditions of Use. Jain Irrigation Systems Ltd, India operates this Website as a service. By using this Website owned, operated or maintained by Jain Irrigation Systems Ltd, India or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the “Terms”) and is a legally binding agreement between you and Jain Irrigation Systems Ltd., India . These Terms govern your use of the Website, Materials, Your Content and the services offered through Website. For the purpose of these Terms, wherever the context so requires “you” or “your” or “user” shall mean any natural or legal person who has agreed to become a member of the Website by registering on the Website as a registered user or browses the Website.
COMPANY INFORMATION
This page sets forth the Terms and Conditions under which (i) Owner i.e. Jain Irrigation Systems Limited provides the information on this Website, as well as the terms and conditions governing your use of this site; and (ii) the terms and conditions for use of our Services.
Jain Irrigation Systems Limited (hereinafter referred to as ‘Jain’ or ‘Company’ or ‘we’ or ‘us’) is a company registered under the Companies Act, 2013. JAIN is a registered trademark of Jain Irrigation Systems Limited. The registered office of Jain is at Jain Plastic Park (HO), NH No. 6, P.O. Box : 72, Jalgaon - 425 001 (Maharashtra)., India. The company registration number is CIN : L29120MH1986PLC042028.
Jain offers a technology platform on www.jains.com and Mobile Application Jain Irrigation MIS Catalogue Application available on Android platforms. COPYRIGHT
The operations, businesses, and properties described in this publication are owned or operated by Jain Irrigation Systems Ltd, India or by various affiliates and subsidiaries of Jain Irrigation Systems Ltd, India. The terms "Jain Irrigation Systems Ltd, India" "company," "we," "our," and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
As between Jain Irrigation Systems Ltd, India and you, Jain Irrigation Systems Ltd, India is the sole owner of all content on the Website including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. The copyright in the contents of the Web Site and the Application is owned by Jain Irrigation Systems Ltd, India.
You are permitted to access the Website in accordance with the following terms and conditions:
No part of the contents of this Website may be modified, transmitted, or otherwise used without the express permission of Jain Irrigation Systems Ltd, India except as provided herein.
Unless specifically requested, Jain Irrigation Systems Ltd, India does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to Jain Irrigation Systems Ltd, India you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Jain Irrigation Systems Ltd, India you grant Jain Irrigation Systems Ltd, India the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Jain Irrigation Systems Ltd, India and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.
References on the Website to services and products or supplied information or data are provided by Jain Irrigation Systems Ltd, India on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Jain Irrigation Systems Ltd, India specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the mobile application; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Jain Irrigation Systems Ltd, India does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.
Under no circumstances, including, but not limited to, negligence, shall Jain Irrigation Systems Ltd, India be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Application or any other Jain Irrigation Systems Ltd, India web site, even if Jain Irrigation Systems Ltd, India or a Jain Irrigation Systems Ltd, India authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall Jain Irrigation Systems Ltd, India’s total liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this mobile application. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Jain Irrigation Systems Ltd, India’s liability shall be limited to the fullest extent permitted by law. TRADEMARKS
Jain Irrigation Systems Ltd, India and the Jain Irrigation Systems Ltd, India logo are registered trademarks and/or service marks of Jain Irrigation Systems Ltd, India or various affiliates and subsidiaries of Jain Irrigation Systems Ltd, India. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Jain Irrigation Systems Ltd, India.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use. USER REGISTRATION
You may use the Website without registration however, to participate in certain activities of the Website you may be requested to create an account or you can login any other third party service account permitted by the Website.s In the event you wish to create an account with us you may do so by completing the registration process. You agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and user name. You are solely responsible for maintaining the confidentiality of your password and account.
If at any time Company believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete the Company reserves the right to cancel your account and block your access to Website.
You are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section. TERMS OF USE OF THE WEBSITE
All materials herein are proprietary to Company and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.
Company hereby grants you the right to access and use the Website only for your personal and non-commercial use. You may not use the Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may post/share links/images/text content on the Website on social platforms like Facebook, Twitter, Google+, Pinterest, with appropriate link back to the original source.
When the Website provides for the download of particular Material including a software, you may download such Material or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modification to, and do not rent, lease, loan, sell, distribute, copy(except to create a single copy for your own backup purposes), or create any derivative works based on the Website or the Material including the software, in whole or in part, and (c) transfer any Material or software or any part thereof to any other computer or mobile device. Any commercial or business use of the Website or any Material including the Software is expressly prohibited.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estopped or otherwise, any license or right under any patent, trademark or copyright of the Company.
You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or Material or any part thereof to you or any third party.
We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Website by you and all information provided by you in any manner consistent with our Privacy Policy. PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms or by any domestic or international laws, statues, ordinances and regulations. Your use of Website is your responsibility.
You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that –
Belongs to another person and to which you do not have any right; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner; Involves the transmission of “junk mail”, ”chain letters”, or unsolicited mass mailing or “spamming” or unsolicited commercial advertisement; Harm minors in any way; Infringes any patent, trademark, copyright or other proprietary rights; Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
LINKED SITES
Linked sites are not under the control of Jain Irrigation Systems Ltd, India and Jain Irrigation Systems Ltd, India is not responsible for the contents of any linked site or any link contained in a linked site. Jain Irrigation Systems Ltd, India provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jain Irrigation Systems Ltd, India of the site. Company has no control over such third party website or any offsite dealings with such third parties is at your own risk.
USE OF GOOGLE ANALYTICS
The Site uses Google Analytics, a web and mobile analytics service provided by Google, Inc.(“Google”). Google Analytics uses “cookies”, which are text files placed on your device, to help analyze how users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for operators and providing other services relating to Website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
ADVERTISING MATERIAL
Some part of the Website may contain advertising information or promotion material or other material submitted to Company by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
TIMELINESS & ACCURACY
While Jain Irrigation Systems Ltd, India uses reasonable efforts to include accurate and up-to-date information on the Website, Jain Irrigation Systems Ltd, India makes no warranties or representations as to its accuracy. Jain Irrigation Systems Ltd, India assumes no liability or responsibility for any typographical or other errors or omissions in the content. Using the Website indicates that you accept these Terms.
TYPOGRAPHICAL OR OTHER ERRORS
While Jain Irrigation Systems Ltd, India takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. Jain Irrigation Systems Ltd, India does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to you. While Jain Irrigation Systems Ltd, India makes reasonable efforts to prevent unauthorized tampering with the Website, Jain Irrigation Systems Ltd, India does not guarantee that its efforts will always be successful. Therefore, as set below, Jain Irrigation Systems Ltd, India does not warranty that the Website materials will be error-free, and disclaims any liability for such errors.
DATA PRIVACY
This Website’s Privacy Policy [Add Hyperlink to Privacy Policy] governs our collection, use, and disclosure of your personal information and is incorporated into these Terms and Conditions. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is an important information. By providing your personal details and by using our Website, you consent to our Privacy Policy.
CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
By clicking the ‘I Agree’ button, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.
GEOGRAPHY
Jain Irrigation Systems Ltd, India makes no representation that the Website or its contents are appropriate for use in every country of the world. Your use of this Website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
APPLICABLE LAW
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at <LOCATION>, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms and Conditions.
DISCLAIMER OF WARRANTIES
JAIN IRRIGATION SYSTEMS LTD, INDIA MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS. JAIN IRRIGATION SYSTEMS LTD, INDIA PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE, AT THE WEBSITE WITHOUT NOTICE. FURTHER, JAIN IRRIGATION SYSTEMS LTD, INDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. JAIN IRRIGATION SYSTEMS LTD, INDIA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE APPLICATION. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS APPLICATION.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
ENTIRE AGREEMENT
The Terms and privacy Policy, as amended from time to time, constitute the entire agreement between you and Company. If any provision of these Terms is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO TERMS OF USE
Jain Irrigation Systems Ltd, India reserves the right to modify them at any time, and without actual notice to you. All such changes to these Terms will appear on the Website.
By using this Website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. Our current privacy policy, which addresses our use and release of information collected from your use of the Website and receipt of the Services is available here. If any changes to these terms are unacceptable to you, you must discontinue use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Terms. We also reserve the right to change the Website without notice to you, at any time.
LIMITATION OF LIABILITY
Use of the Jain Irrigation Systems Ltd, India www.jains.com Website is at your sole risk. While Jain Irrigation Systems Ltd, India makes reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL JAIN IRRIGATION SYSTEMS LTD, INDIA OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY WEBSITE RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. JAIN IRRIGATION SYSTEMS LTD, INDIA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF JAIN IRRIGATION SYSTEMS LTD, INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JAIN IRRIGATION SYSTEMS LTD, INDIA’s LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO JAIN IRRIGATION SYSTEMS LTD, INDIA FOR ACCESSING THIS WEBSITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Jain Irrigation Systems Ltd, India and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Website, without limitation, any actual or threatened suit, demand, or claim made against Owner arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party.
TERMINATION
Jain Irrigation Systems Ltd, India shall have the right immediately to terminate this agreement with you and your use of the Website if it determines in it’s sole discretion that you have breached any of these Terms or otherwise been engaged in conduct which Jain Irrigation Systems Ltd, India determines in its sole discretion to be unacceptable. Upon termination or expiration of the Terms of Use, your obligations and Company’s rights and disclaimers survive, but your right to use the Website immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
GENERAL TERMS
Force Majeure: In no event shall Jain Irrigation Systems Ltd., India be liable for any acts beyond its control or for any acts of god. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right. No Waiver: The Owner’s failure to exercise or enforce any right or provision of these Terms and Conditions will not be deemed to be a waiver of such right or provision. No Third-Party Beneficiaries or Rights: These Terms and Conditions do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these Terms. Complaints: In the event you have any complaint(s) pertaining to our services provided through this Website, please feel free to email us at [jisl@jains.com] and kindly provide your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints. Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions without any such assignment being considered a change to the Term of Use and without any notice to you. Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office [Client to provide for the same in the ‘Contact Us’ hyperlink]. Dispute Resolution: Any dispute relating in any way to your visit to Website or to services through Website shall be submitted to arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, Company may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. The Arbitration under this agreement shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. We reserve the right to make changes to our App, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at [jisl@jains.com]. Contact Information: If you have any questions or suggestions regarding our Terms and Conditions, please contact us at [jisl@jains.com].
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