Content – Liability
The user must read these TOU carefully before using the Sites. By accessing, browsing or using the Sites and/or the Content, you agree to these TOU in their then current version. If you disagree with these TOU or any part of them, you are not authorized to use or continue using the Sites and the Content.
Some areas of the Sites or Content provided on or through the Sites may be subject to the terms of a separate agreement between you and KAPPA BUILDING MACHINES PVT LTD (each, an “Other Agreement”). If there is a conflict or inconsistency between the TOU and an Other Agreement, the latter shall have precedence with respect to your access and use of that area of the Sites or Content.
KAPPA BUILDING MACHINES PVT LTD reserves the right, at its discretion, without notice to you, to change, modify, add or remove portions of these TOU at any time by updating this posting. It is your responsibility to familiarize yourself with the TOU regularly to ensure that you are aware of any changes. If you continue to use the Sites after we post changes to these TOU, you are signifying your acceptance of the new terms.
The Sites and the content are provided to you "AS IS" and the entire risk as to the quality and performance of them is with you. To the fullest extent permitted by applicable law, KAPPA BUILDING MACHINES PVT LTD expressly disclaims all warranties and representations of any kind, whether express, implied, statutory, or other, with respect to the sites and the content (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, we make no warranty that the sites and the content will meet your expectations and requirements or that their operation will be uninterrupted, timely, secure, or error free or that any defects will be corrected. KAPPA BUILDING MACHINES PVT LTD does not promise that the use of the sites or content will provide specific results. KAPPA BUILDING MACHINES PVT LTD does not make any warranty as to the accuracy or reliability of any information obtained through the sites and the content. You assume all risk and responsibility for any loss or damage whatsoever to your system, data and business arising out of your use of the sites and the content. Your sole remedy against KAPPA BUILDING MACHINES PVT LTD for dissatisfaction with the Sites and/or any content is to stop using the Sites or any such content. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
All legal rights, titles and interests in and to the Sites and the Content, including, without limitation, trademarks, service marks, design marks, patents, copyrights, database rights, and all other intellectual property appearing on or contained within the Sites, whether registered or unregistered, are owned by KAPPA BUILDING MACHINES PVT LTD and our licensors or partners. Except for the rights of use and other rights expressly granted herein, no other rights are granted to you, nor shall any obligation be implied requiring the grant of further rights.
The Sites and the Content are for your personal/internal non-commercial use. The Sites and the Content may not be copied, reproduced, republished, modified, adapted, uploaded, transmitted, distributed or otherwise used except as expressly set forth in the TOU.
In accessing and using any part of the Sites and/or any Content, you agree:
not to violate any applicable laws or regulations, or to solicit the performance of any illegal activity or other activity that infringes the rights of KAPPA BUILDING MACHINES PVT LTD or others;
not to cause damage to the Sites and/or the Content or impairment of the availability or accessibility of the Sites and/or Content;
not to violate, or attempt to violate, the security of the Sites and/or Content;
not to harm other persons or infringe upon their legal rights;
not to misrepresent your identity or affiliation in any way;
not to violate any intellectual property right or any other proprietary right;
not to upload or attempt to upload files that contain viruses, worms, Trojan horses, time bombs or any other contaminating or destructive features;
not to harvest or otherwise collect information about others, including email addresses; and
not to include links to the Sites in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on the Sites other than the home page at www.kappamachines.com without our prior written consent.
Links to Third-party websites
The Sites may contain hyperlinks to web pages of third parties. These web pages are not under the control of KAPPA BUILDING MACHINES PVT LTD , we cannot guarantee their availability and we have no liability for their content. KAPPA BUILDING MACHINES PVT LTD is not liable for any damage occurring from your visit to these web sites, regardless how you ended up there.
Certain areas of the Site and/or the Content may be password protected. You are solely responsible for maintaining your access credentials secure and confidential and you are solely liable for any and all activity that occurs under your access credentials. You agree to notify KAPPA BUILDING MACHINES PVT LTD immediately of any unauthorized use of your access credentials.
KAPPA BUILDING MACHINES PVT LTD does not want to receive confidential or proprietary information from you through the Sites. Any information or material (including feedback and suggestions) sent to us or transmitted to or through the Sites by you will be deemed not to be confidential and you give KAPPA BUILDING MACHINES PVT LTD a permanent worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, create derivatives of, reproduce, display, publicly perform, transmit and distribute such information and material. You also agree that we have the right to use, without any attribution or compensation to you or others, any concepts, know-how, techniques or ideas that you transmit to or through the Sites.
To the fullest extent permitted by applicable law, under no circumstances shall KAPPA BUILDING MACHINES PVT LTD be liable for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from your access to, or use of, the Sites and/or any Content, including, without limitation, any loss of profits, business interruption, lost savings or loss of programs or other data, even if KAPPA BUILDING MACHINES PVT LTD or a KAPPA BUILDING MACHINES PVT LTD authorized representative had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
You agree to defend, indemnify, and hold KAPPA BUILDING MACHINES PVT LTD and any of its directors, employees, agents and contractors harmless from and against any and all liabilities, claims, losses, costs (including without limitation reasonable attorney’s fees) or other expenses that arise directly or indirectly out of or from (i) your breach of the TOU; and/or (ii) your use or misuse of the Sites and/or Content.
If any provision of these TOU shall be unlawful, void, or for any reason unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not affect the validity and enforceability of any remaining provisions.
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You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block cookies you may not be able to access all or parts of our Sites.
Law and Jurisdiction