Terms of use

INTRODUCTION

The following terms and conditions are for the use of Site (defined hereinafter) and Services (defined hereinafter), together with any documents referred hereto ( “Terms of Use”) constitute a legally binding agreement between  Tyrolit India Superabrasive Tools Private Limited (Tyrolit), a company incorporated under the laws of India (referred to as “Tyrolit”) and whether personally or on behalf of an entity or any person (referred to as “the Client”), concerning the access to and use of www.tyrolit.com  website/application as well as any other media form, media channel, mobile website related links, or otherwise connected thereto (collectively the “Site”)  for usage of services or information provided herein (“Services”).

 

Terms of Use the Site

1. These Terms and Conditions (“Terms of Use”) constitute a legally binding agreement between the Client and Tyrolit regarding the use of the Site. The Client shall be required to read and accept these Terms and Conditions for availing the above Services from the Site. Therefore, it is clarified that use of the Site by the Client constitutes an acknowledgement and acceptance by the Client of these Terms.

2. BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, SO PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE SITE. IF AT ANY TIME YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR SERVICES OFFERED HEREIN AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.

3. The Client will not (a) sell, rent, lend, lease, or distribute the license granted to use the Site herein or any Intellectual Property of Tyrolit to any entity or third party; or (b) reverse engineer, de-compile or disassemble the software installed for the functioning of the Site.

4. Tyrolit retains ownership of the (i) Site, (ii) software and (iii) any and all Intellectual Property rights, title and interests related to the Site, including without limitation any copyrights, trademarks, patents, trade secrets or any other rights in respect to the Site.

 

5. ELIGIBILITY TO USE

5.1 For availing the facilities provided from Site, the Client shall comply with the eligibility criteria before using the facilities provided by the Site. The use of the Site is available to an individual/person who can form legally binding contracts as per local laws or under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of respective local laws including minors, un-discharged insolvents etc. are not eligible to register on the Site or use the Services. As a minor if the person wishes to use the Site, the person shall be registered by a legal guardian or parents on the Site. Generally, a person who has attained the age of (18) eighteen years is not considered a minor. However, we advise to check your local laws to comply with the provisions. If brought to the attention of Tyrolit that the Client registered on the Site is incompetent to contract, the Client’s access to the Site shall be disabled by Tyrolit.

5.2 Tyrolit reserves rights to reject or grant access to a new user or terminate the access of existing users, at any time without prior intimation and without cause.

 

6. REGISTRATION (if applicable)

6.1 The Client may be required to register on Site to avail Services, the option of registration is available exclusively to the person who meets or fulfills the eligibility criteria as specified herein.

6.2 The registration process enables the Client to access the Services or use the Services. The Client shall be required to register on the Site by providing username, email address, name, cellphone number, password, et al. The Client shall be requested to upload or provide an identify proof at the time of registration or thereafter in order to comply with the legal provisions of the respective jurisdiction. 

6.3 The Client shall be responsible for maintaining the confidentiality of its username/ display name and password and for all activities that occur under/ from the Client’s account. The Client agrees and acknowledges that it will provide accurate, complete and updated information in order to register on the Site to use the Services.

6.4 The Client further covenants that if any information is found untrue, inaccurate or incomplete or Tyrolit identifies reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in line with the Terms of Use, Tyrolit shall have the right to forthwith suspend or terminate or block access of the Client to its account and refuse to provide the access to the Site.

 

7. REPRESENTATIONS AND WARRANTIES

7.1 Tyrolit hereby represents and warrants that:

7.1.1 It is duly incorporated under the laws of India, and it has the full power, right and authority to execute this agreement and perform its obligations.

7.1.2 It has obtained all necessary approvals, consents, sanctions or authorizations required to enter into and perform these Terms of Use and no other approvals, consents, sanctions or authorizations of any regulatory authority or any other person are required to be obtained by it for the execution, delivery and performance of these Terms of Use.

7.1.3 The Site and all Services made available to the Client through this Site are provided on "as is" basis without any representations or warranties except otherwise provided in writing.

7.1.4 Notwithstanding anything contained herein to the contrary, Tyrolit does not represent and warrant to the safety, effectiveness, adequacy, accuracy, availability, or legality of any of the information contained or displayed on the Site or offered through the Site.

7.1.5 The execution, delivery and performance of this arrangement does not constitute a breach of applicable laws, its charter documents or any agreement, arrangement or understanding, oral or written, entered into by it with any third party.

7.1.6 The Client understands and agrees that the content of the Site does not contain or constitute representations to be reasonably relied upon and agrees not to hold Tyrolit liable from any errors, omissions, or misrepresentations contained within the Site’s content.

 

7.2 The Client hereby represents and warrants that:

7.2.1 it shall not use the Site in a manner that (i) infringes or violates the intellectual property rights or any other rights of any third party (ii) violates any law or regulation, (iii) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, (iv) attempts, in any manner, to obtain the password, account, or other security information from any other client, (v) violates the security of any computer network, or cracks any passwords, or security encryption codes;

7.2.2 all registration information submitted herein will be true, accurate, current, and complete;

7.2.3 it will maintain the accuracy of such information and promptly update such registration information as necessary;

7.2.4 it has the legal capacity and agrees to comply with these Terms of Use;

7.2.5 it will not access the Site through automated or non-human means, whether through a script or otherwise.

 

8. THIRD PARTY SOFTWARE

8.1 Tyrolit makes no warranty of any kind to Client or any third party with respect to any third-party software used by the Client in conjunction with the Services. The Client shall solely and exclusively be responsible for all licenses and costs for all third-party software. All integration and use of and problems caused by or resulting from the Client’s use of any third-party software in conjunction with the Services is the sole and exclusive responsibility of the Client, and Tyrolit shall have no responsibility or liability with respect thereto.

 

9. DISCLAIMER OF WARRANTIES

9.1 Except as expressly set forth herein, the Services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind. The Client agrees that the use of the Services is at its own risk. TYROLIT MAKES NO WARRANTIES OF ANY KIND TO THE CLIENT OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NONINFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY TYROLIT AND WAIVED BY THE CLIENT. FOR EXAMPLE, DIGITALKITE DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES, OR THE RESULTS FROM THE SERVICES.

 

10. SITE MANAGEMENT

Tyrolit hold and reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in its sole discretion, violates or intend to violate these Terms of Use;
  3. in Tyrolit’s sole discretion, without limitation notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  4. manage the Site in a manner designed to protect its rights and property and facilitate the proper functioning of the Site.

 

11. Customer Care

The Client can contact Tyrolit Customer Care for any information or help on devika.singh@Tyrolit.com. Tyrolit will attempt to resolve your query (ies).