TERMS OF USE

Last Updated: November 24, 2023

About the Company

Devashish Polymers Private Limited (the “Company”, “we” or “us”) is engaged in the business of manufacturing rubber compounds which are used in producing rubber products, rings, gaskets, oil seals, sealings, hoses, tubes, strips, cords, chlorinated polyethylene and hydrogenated nitrile rubber products (“Products and Services”) in various sectors globally to our customers, including individuals, juristic entities, corporations and individuals engaging on behalf of such entities (collectively referred to as “Users” or “you”) through the web platform (collectively “Portal”) which will enable Users to contact the Company regarding the Products manufactured and marketed by the Company.

These Terms of Use (“Terms”) apply to you while using the Portal and during your visit to the Portal whether through a computer, mobile phone or other devices as well as to all information and recommendations provided to you on or through the Portal. These Terms also apply to Users to whom you have given access to use the Products and Services.

The Terms are an electronic record and is published in accordance with the provisions of the Information Technology Act, 2000 and rules thereunder, that require publishing the rules and regulations, privacy policy and Terms for access or usage of the Portal.

The Company will be entitled to process and transfer personal information of Users, as and when it deems fit, and may collect, process, store, share or transfer your personal data or information, including sensitive personal data or information, to a third-party, server or data storage location, including a location or third-party within or outside India in order to perform its obligations under these Terms, in accordance with the terms of the Privacy Policy (“Privacy Policy”). Any capitalized terms which are not expressly defined under the Privacy Policy shall have the meaning ascribed to such terms under these Terms of Use.

Conditions for Use

By using the Portal or the Products and Services through the Portal, you agree that: (i) you will only use the Portal for business or specified use and will not resell or assign your use to a third party; (ii) you will not use an account that is subject to any rights of a person other than you without appropriate authorization; (iii) you will not use the Portal for unlawful purposes and/or use an phishing/illegal/unauthorized version of the Portal; (iv) you will not try to do any activity which will cause reduction in the value of the Portal, Service or our network in any way whatsoever; (v) you will provide the Company with such information and documents which the Company may reasonably request; (vi) you will only use an authorized network to access the Portal and order/avail Products and Services; (vii) you are aware that when requesting Products and Services, whether by message, via the Portal, standard messaging charges, data charges, voice charges, as applicable, of your and our phone, internet or network service providers, may apply; (viii) you will comply with all applicable law from your country of domicile and residence and the country, state and/or city in which you are present while using the Portal; and (ix) you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder and other applicable laws.

The Company reserves the right to immediately terminate the Portal and its use thereof in the event of non-compliance with any of the above requirements. Further, the Company will store the information provided by you or collected through your interaction on the Portal. You must promptly inform the Company on any change in the information provided by you.

Intellectual Property: License to Portal

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to: (i) the Portal, websites, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by you or any other party relating to the Portal, websites or the Service. Third party trademarks, including trademarks relating to the Products and Services, if any, may appear on the Portal and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.

These Terms do not convey to you any rights of ownership in or related to the Portal, websites, Products and Services, any intellectual property rights owned by the Company or any third parties. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Products and Services or the Portal.

You may use information on the Portal purposely made available by the Company provided that you do not remove any proprietary notice language in all copies of such documents and make no modifications to the information, use such information only for specified informational purposes and do not copy or post such information on any networked computer or broadcast it in any media and do not make any additional representations or warranties relating to such information.

Content posted by you

The Company may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Portal (“Posted Content”) by you, including content that you may transmit to us through the contact form(s). You represent that you have obtained all permissions and consents required to post the Posted Content. The Company shall not in any manner be responsible for or endorse the Posted Content. You agree that when posting Posted Content, you will not:

1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, patently false, disparaging, relating or encouraging money laundering, gambling, online gaming for stakes, or otherwise unlawful material or information.
2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy, publicity or ownership) unless you own or control the rights thereto or have received all necessary consents.
3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
4. Conduct or forward surveys, contests, pyramid schemes or chain letters.
5. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
7. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature or impersonate another person.
8. Restrict or inhibit any other user from using and enjoying the Portal.
9. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
10. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
11. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
12. Violate any applicable laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

Indemnification

By accepting these Terms and using the Portal, you agree that you shall defend, indemnify and hold the Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; and/or (c) your use or misuse of the Portal.

License to use Portal

Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to use the Portal on the computer or use the Portal for the specified use.

You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Portal in any way, except as provided in these Terms; (ii) modify or make derivative works based upon the Service or Portal; (iii) create Internet “links” to the Service or “frame” or “mirror” the Portal on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Portal in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Portal, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service and/or Portal.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Portal or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Portal or Service or its related systems or networks.

The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. This includes actions to removing your access to the Portal as well as involving and cooperating with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has the right to monitor your access to or use of the Portal for ordering Products and Services, including by use of technology-based automatic tools or other mechanisms for proactive identification and removal of unlawful content, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any content that the Company, at its sole discretion or on orders of an appropriate authority, considers to be in violation of these Terms, harmful to the Portal or otherwise unlawful.

Disclaimer

The Products and Services and/or Portal and all content displayed therein are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability, fitness for a particular purpose, including for any industrial purpose, title, accuracy, timelines, performance, safety, completeness, suitability, non-infringement, legality of the products listed or displayed or the content (including product information and/or specifications). You acknowledge, by your access to the Portal, that your access of the Portal and availing of Products and Services is at your sole risk, that you assume full responsibility for your access and use of the Portal, and that the Company shall not be liable for any damages of any kind related to your access and use of the Portal. It is further clarified that the Company shall not be responsible for your use of any unauthorized and/or illegal versions of the Portal that may be unlawfully created by a third party including but not limited to attempts of phishing or defacement of website or portal or unauthorized versions of the Portal.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us. The Company and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Products and Services or the Portal, or your reliance upon the Products and Services or the information contained in the Portal (whether arising from the Company, Institution or any other person's negligence or otherwise).

All images, audio, video and text on the Portal are only for illustrative purposes. None of the models, actors, audio/voice recordings or products in the images, if any is endorsing the Products and Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

Eligibility to use the Portal

You will be eligible to use the Portal or our Products and Services only when you fulfil all of the following conditions: (i) you have attained at least 18 (eighteen) years of age; (ii) you are competent to enter into a contract under the applicable laws, including the Indian Contract Act, 1872. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our Portal or any of our Products and Services that may occur by virtue of any person including a minor registering for the Portal and/or Products and Services.

Registration and Account

You need not create an account to use the Portal. However:

1. you may be required to create an account on our Portal or provide us with some additional information to use or access certain parts of the Portal, such as for the purpose of availing chemical resistance guides, documents or certain other features.
2. you need to provide us with certain details in order to order our Products and Services or to contact us for providing you more details about our Products and Services.

For the purposes of the same, you may need to provide us with certain personal data such as accurate and valid name, phone number, email address, company details (if any), industry and such other information required by the Company (“Data”).

1. You shall ensure that the Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Data provided by you;
2. You are solely responsible for maintaining the confidentiality of your Data and will be liable for all activities and transactions that occur; and
3. Such Data will be processed in accordance with the terms of the Privacy Policy.

Modification to Terms

The Company reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Portal at any time.

The Company may shall not be required to notify you of any changes made to these Terms except as is legally required. The revised/updated Terms shall be made available on the Portal. You are requested to regularly visit the Portal to view the most current Terms and Privacy Policy. You can determine when the Company last modified the Terms by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms and Privacy Policy periodically for changes. The Company may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Portal and the Products and Services. If no such separate consent is sought, your continued use of the Portal and/or Service, following the changes to the Terms, will constitute your acceptance of those changes. Your use of the Portal and the Products and Services is subject to the most current version of the Terms made available on the Portal at the time of such use.

General

1. Notice: All notices served by the Company shall be provided via email to your account or as an SMS to your registered phone number or as a general notification on the Portal. Any notice to be provided to the Company should be sent to the following address:

   Devashish Polymers Private Limited
   Survey No 272/1/3, Dadra Demni Road,
   Village Dadra, Silvassa, 396193
   Dadra & Nagar Haveli

2. Entire Agreement: This Terms, along with the Privacy Policy, and any other guidelines made applicable to the Portal from time to time, constitute the entire agreement between the Company and you with respect to your access to or use of the Portal thereof.
3. Conflict: In the event of any contradiction or inconsistency between these Terms and any other agreement executed between you and the Company, the Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Terms.
4. Force Majeure: We shall not be liable for any failure to perform any obligations under this Terms, if the performance is prevented, hindered or delayed by any event arising due to any cause beyond the reasonable control of the Company (“Force Majeure Event”) and in such case our obligations under this Terms shall be suspended for so long as the Force Majeure Event continues.
5. Dispute Resolution: In the event of disputes, differences, claims and questions whatsoever arising out of or in connection with these Terms, the Parties shall amicably resolve the said issue within a reasonable time. Without prejudice to the same, each Party shall have a right to elect to resolve and settle the said dispute, difference, claim or question by way of arbitration of a single-bench arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The Parties agree that the aforesaid proceedings shall be carried out by a sole arbitrator who shall be appointed from the Approved List of Arbitrators maintained by the Company. The juridical seat of the arbitration shall be at Mumbai, India.
6. Assignment: You cannot assign or otherwise transfer your obligations under these Terms, or any right granted hereunder to any third-party. The Company's rights under these Terms are freely transferable by the Company to any third-party without the requirement of seeking your consent.
7. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms shall continue in full force and effect.
8. Waiver: Any failure by the Company to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
9. Relationship: You acknowledge that your participation on the Portal, does not make you an employee or agency or partnership or joint venture or franchise of the Company.
10. Governing Law and Jurisdiction: These Terms shall be governed by the laws of India and the Courts at Mumbai shall have exclusive jurisdiction to try any disputes arising herein.

Feedback

Any feedback you provide with respect to the Portal shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that: (i) your feedback does not contain confidential or proprietary information of you or of third-parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Portal may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.

Contact & Customer Care:

We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at the details provided below. In case you have any grievances, you can reach out to our Grievance Officer at the below mentioned coordinates –