This Agreement is entered between TERRAPORTIER LLP, (hereinafter referred to as “TERRAPORTIER”),and ‘You’ (hereinafter referred to as “You/User”) as the user of the website “www.terraportier.com”(“Website”)
The terms and conditions set out in this Agreement shall be valid and enforceable from the date of its acceptance by the User. The terms and conditions of sale are available here.
NOW, THEREFORE, in consideration of covenants set forth herein, the Parties, out of their free will and consent, have entered into this Agreement and the Parties intending to be legally bound, hereby agree as follows:
Agreement Documents: This Agreement is the entire agreement between TERRAPORTIER and the User with respect to the use of the and / or access to the Website. User’s access to or use or navigation or surfing or the like of the Website for any of the offered goods and services or otherwise shall mean User’s acceptance of these terms and conditions (including Exhibits).
Confidentiality: TERRAPORTIER is not collecting personal information of any User except for generic information to analyse customer shopping patterns and website usage etc. This data will be retained only for internal analysis.
Ownership of Materials and Restrictions: All content on this Website, including site layout, screen designs, software, images (including fictional characters and story-line depiction), photographs, text, logos, data, graphics, audio, video clips, icons, services and other similar materials (collectively, “Materials”) are the Properties of TERRAPORTIER or licensed to TERRAPORTIER for limited use and are protected under the patent, copyright, trademark and all other intellectual property laws. The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of services and /or materials obtained from our site in any medium or manner to anyone. No part of the site may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of TERRAPORTIER. The User cannot use the contents of the Website to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. TERRAPORTIER reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its Website The User cannot use the Website to download and re-distribute or share public information for personal gain or use the Website and/or services to distribute multiple copies of public domain information. All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of (or licensed to) TERRAPORTIER. All rights are reserved, worldwide.
All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of (or licensed to) TERRAPORTIER.
Third party links or links to other websites: This Website may contain links to other Internet Websites or resources only for the convenience of the User. TERRAPORTIER is not responsible for the availability or content of these external Website, nor does it endorse, warrant or guarantee the products, services or information described or offered at these other Websites/Mobile application. TERRAPORTIER shall not be responsible for the contents, privacy practices or policies of such third party Websites/Mobile application and the privacy policies of this Website shall not apply to those Websites or to any information collected otherwise by any third party, nor shall be liable for any loss, damage or claim in relation to the same.
Disclaimer of Warranty: TERRAPORTIER expressly disclaims warranties of any kind for any use of or any access to the Website and/or for any material, information, links, or content presented on this Website, to any external Website linked thereto, and to any external material, information, links, or content linked thereto. Neither TERRAPORTIER or its affiliates, gives any warranty whatsoever, including without limitation, that the operation of the Website will be uninterrupted or error-free; including the server that makes it available, is free from viruses or other harmful components; as to the results that may be obtained from the use of the content or other materials on the Website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the Website. This Website and all Indications, content, products and services included in or accessible from this Website (including but not limited to any third-party information) are provided “as is” basis and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which TERRAPORTIER disclaims to the fullest extent permitted by law. The use of the Website is at the User’s own risk. TERRAPORTIER will put in best efforts to ensure the best quality of the Goods are delivered to the User. However, TERRAPORTIER will not be responsible for the quality of Goods offered on this Website.
Limitation of Liability: Only for breach or default by TERRAPORTIER of any of the provisions of these terms and conditions, TERRAPORTIER’s entire liability, regardless of the form of action, whether based on contract or tort or otherwise (including negligence), will in no event exceed the cost of Goods paid to TERRAPORTIER by the User, under this agreement during last 12 months from date of cause of action. To the fullest extent permitted by law, in no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall TERRAPORTIER and/or its Officers, Partners, Employees be liable, for special, incidental, indirect, or consequential losses or damages of any kind (including but not limited to, loss of business, loss of revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind) arising out of any access to or any use of or any inability to access or use of this Website.
Intellectual Property: TERRAPORTIER has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; models (including, without limitation, function, process, system and data models); templates; the generalized features of the structure sequence and organization of software, user interfaces and screen designs; consulting and software tools and utilities and routines (collectively, the “TERRAPORTIER Intellectual Property”). TERRAPORTIER shall continue to own all right, title and interest in all patents, trademarks, copyrights, confidential information, trade secrets, and other intellectual property rights as it owned on the effective date of this agreement. No license under any patents, trademarks, copyrights, confidential information, trade secrets, or other intellectual property rights is granted or implied by either party. The User shall acquire no right or interest in such intellectual property. Nothing in this agreement shall be construed as precluding or limiting in any way the right of TERRAPORTIER to sale or supply or provide Goods of any kind or nature whatsoever to any person or entity. In addition, and notwithstanding anything herein to the contrary, the User acknowledges and agrees that (a) TERRAPORTIER will own all right, title, and interest, including, without limitation, all rights under all patents ,trademarks, copyright, and other intellectual property laws, in and to TERRAPORTIER Intellectual Property, and (b) TERRAPORTIER may employ, modify, disclose, and otherwise exploit the TERRAPORTIER Intellectual Property (including, without limitation, providing Services or creating programming or Systems for other customers / clients/users) as it may deem fit from time to time.
Unintended Disruption: TERRAPORTIER will not be liable for any loss, damage, claim or delay arising out of its failure (or that of its consultants or subcontractors or licensors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of Users, any error, interruption, deletion, defect, or delay in operation or transmission, communication, line failure, data theft or destruction, or unauthorized access to, or alteration of the User communications whether caused by Act of God or deliberate attempts of third parties to gain unauthorized access or otherwise. TERRAPORTIER shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, cloud services, computers equipment, software; failure of email or SMS services, on account of technical problems or traffic congestion, including injury or damage to its User and/or Registered members or to any other person’s computer or other instruments or equipment related to or resulting from participating with the Website and/or in connection with this Website.
Indemnification: To the fullest extent permitted by applicable law, the User indemnifies TERRAPORTIER, its group companies, affiliates, subsidiaries, shareholders, directors, employees, representatives, agents, suppliers, subcontractors, consultants, advisors, channel partners and advertisers harmless from any claim or demand by third parties and resulting liabilities, losses, damages, compensation, costs and expenses (including reasonable legal costs and attorney’s fees) which may arise out of or resulting from any default, negligence or breach of any of his / her obligations or covenants contained in this Agreement or Terms and Conditions of use of the Website from any direct, indirect, incidental, special, consequential, punitive damages and shall settle all claims with respect thereto at its own costs. The User indemnifies TERRAPORTIER for all the liabilities under this subparagraph.
Dispute resolution: TERRAPORTIER will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations. If unsuccessful, TERRAPORTIER will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to the sole Arbitrator to be appointed by the TERRAPORTIER and the Act and Rules of The Arbitration and Conciliation Act, 1996 (as amended) shall apply and the award made in pursuance thereof shall be binding on the Parties. The venue of the Arbitration shall be Mumbai only and the proceedings of the Arbitration shall be conducted in English. These procedures are the exclusive procedures for the resolution of all disputes between the Parties.
Governing Law and Jurisdiction: All disputes arising under this agreement will be governed by and interpreted in accordance with the Laws of India and the User agree that all the disputes will be subject to the exclusive jurisdiction of the Courts at Mumbai.
Applicable for all: I hereby, as a User of the Website, have carefully read and agree to all the above said terms and conditions before using the Website. By using this Website, I am accepting to be bound by the provisions of these terms & conditions.
Applicable for persons under the age of 18 yrs.: I hereby as a User declare that my parents / legal guardians are aware of my visiting / using the Website and the permission has been granted by them to use the Website under their active surveillance. I affirm to abide by and comply with terms and conditions, obligations, affirmations, representations, and warranties set forth herein. All monetary transactions will be made by my parents / legal guardians themselves. IF YOU DON’T HAVE THE SAID REQUISITE PERMISSION, YOU MUST PLEASE STOP USING THIS WEBSITE
User agrees to befinancially responsible for all of User’s access of the Website and use of the Websiteand its services [as well as for use of User’s account by others, includingwithout limitation children (minors)].