Copyright © 2020 Esaar India. This site is protected by copyright and trademark laws. All rights reserved.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE – PLEASE NOTE THAT THIS IS NOT THE DOCUMENT THAT GOVERNS THE RIGHTS AND RESPONSIBILITIES OF ESAAR INDIARETAILER AND DISTRIBUTOR SUBSCRIBERS FOR USING OUR ELECTRONIC SERVICES. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE ANY OF ESAAR INDIA’S WEBSITES. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!
Section 2. Use of Content - Copyright
Upon acceptance of these Terms and Conditions, Esaar India authorizes you, to view or download a single copy of, the material on this website solely for your personal, informational use, provided that you retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of Esaar India’s websites. Elements of Esaar India’s websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from Esaar India’s websites may be copied or retransmitted unless expressly permitted by Esaar India. Special rules or license terms may apply to the use of certain software and other items provided to you via Esaar India’s websites. Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Software.
The contents of Esaar India’s websites ("Content"), such as text, graphics, data, images, Software and other material are protected by copyright and other laws in both the United States and other countries, and title to the Content shall not pass to you or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Esaar India. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by Esaar India, use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Esaar India. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content
Section 3. Access to Esaar India Systems and Information through Esaar India’s website
Esaar India’s websites provide access to certain Esaar India computer and network services ("Esaar India") for the purpose of retrieving information and data regarding invoices processed through Esaar India("Information"). Subject to compliance with each of the terms of this Agreement, Esaar India agrees to permit you to access the Esaar India via Esaar India’s websites for the sole purpose of obtaining Information. Following are certain requirements regarding such access:
Esaar India and the Information are to be used solely by you in connection with Esaar India related business conducted by you. Without limitation, the invoice and payment information may be used only in connection with invoices or payments applicable to you, or on your behalf to Esaar India for processing and for no other purpose.
You may not use or access the Esaar India of any way which, in Esaar India’s judgment, adversely affects the performance or function of Esaar India or Esaar India’s websites or interferes with the ability of authorized parties to access the Esaar India or Esaar India’s websites. Without limitation of the foregoing, you may not use automatic inquiry engines to interact with Esaar India or obtain Information.
You may not mask or misrepresent your identity when using Esaar India’s websites or Systems. You may not gain access, or attempt to gain access, by any means, to any Esaar India computer system or database, other than Esaar India to which you are expressly permitted access via Esaar India’s websites. You shall use or disclose the Information only in connection with invoices or payments applicable to you or on your behalf.
Esaar India may terminate, update, alter or supplement any or all of Esaar India Systems and services and Information available from the Esaar India Systems. While Esaar India does not at this time charge for use of Esaar India Systems or the Information via Esaar India’s websites, Esaar India may assess charges for any or all of such items in the future, in its sole discretion, by providing notice of such charges to you and restricting access to Esaar India Systems and Information absent your agreement to pay such charges. By permitting limited usage of Esaar India Systems via Esaar India’s websites and as permitted herein, Esaar India does not convey any interest in or to Esaar India Systems or any other Esaar India property or services. All right, title and interest in and to Esaar India Systems and the Information is and shall remain in Esaar India.
If Esaar India in its sole judgment believes either (i) that Esaar India Systems or Information are being used for a purpose not approved by Esaar India or in violation of any law, regulation or ruling, (ii) that Esaar India’s or any third party's rights or interests are jeopardized or potentially exposed to liability or damage, or (iii) that you are in default under this Agreement, Esaar India may immediately terminate your access to Esaar India Systems.
Section 4. Limitation of Esaar India’s Liability-
Disclaimer of Responsibility for Damages Esaar India makes no representations about the results to be obtained from using Esaar India’s websites, Esaar India Systems, the Information or the Content. The use of same is at your own risk.
WHEN USING ESAAR INDIA’S WEBSITES AND ESAAR INDIASYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF ESAAR INDIAAND ITS SUPPLIERS. ACCORDINGLY, ESAAR INDIAASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.
ESAAR INDIA’S WEBSITES, ESAAR INDIASYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ESAAR INDIA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ESAAR INDIA, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF ESAAR INDIA’S WEBSITES OR ESAAR INDIA.
IN NO EVENT SHALL ESAAR INDIA, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT ESAAR INDIA’S WEBSITES BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ESAAR INDIA’S WEBSITES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESAAR INDIAIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Section 5. Links
Esaar India’s websites contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Esaar India of the content on such third-party websites. Esaar India is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to any applicable terms and conditions of use for such sites. Linking to any page of any of Esaar India’s websites other than http://esaar.in/ through a plain text link is strictly prohibited in the absence of a separate linking Agreement with Esaar India. Any website or other device that links to http://esaar.in/ is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Esaar India is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Esaar India, (e) presenting false information about Esaar India products or services, and (f) using any Esaar India logo or mark without permission from Esaar India.
Section 6. Indemnity
You agree to defend, indemnify and hold Esaar India, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software) in a manner that violates or is alleged to violate these Terms and Conditions.
Section 7. Compliance With Law Including Export Control
You agree in utilizing Esaar India’s websites, Esaar IndiaSystems, Information and Content. You will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.
The United States and certain other jurisdictions control the export of products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. By downloading the Content (including Software), you are representing that you are not in a country where such export is prohibited nor are you a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).
Section 8. General
Esaar India is based in Mumbai, India. Esaar India makes no claims the Content is appropriate or may be downloaded outside of India. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access Esaar India’s websites from outside India, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
Section 9. Jurisdiction
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF ESAAR INDIA’S WEBSITES, ESAAR INDIASYSTEMS, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY STATE OR FEDERAL COURT SITTING IN THE COUNTY OF HILLSBOROUGH, STATE OF FLORIDA, UNITED STATES OF AMERICA AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVICED FOR UNDER THE APPLICABLE LAWS IN EFFECT IN THE STATE OF FLORIDA. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Section 10. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND ESAAR INDIATHESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ESAAR INDIAWITH RESPECT TO THE USE OF THE ESAAR INDIA’S WEBSITES, ESAAR INDIAAND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.