Terms and Conditions of Use
Introduction
Thank you for visiting the BSH Household Appliances Manufacturing Private Limited (referred to as “BSH”, “we”, “our” or “us”) website (the “website”). For your own benefit, please read the terms and conditions of the website (“Terms”) before accessing and/or using any part of the website.
You should discontinue to use the website if you do not agree with the Terms. The website is owned and operated by BSH.
1. Intellectual Property rights
1.1.
The contents and materials contained in the website including but not limited to the information, text, graphics, designs, animation, audio files, video files, trademarks, trade names, domain names, emblems, taglines, corporate logos, logos, images, software programs and/or other intellectual property rights (“Intellectual Property”) are protected by laws of copyright, trademark, other commercial protective, and other forms of intellectual property rights to which BSH, BSH group of companies or its related companies and/or third parties shall have all rights, interests and title at all times.
1.2.
By accessing our website, you expressly agree that no permission and/or license to use any Intellectual Property shall be deemed to have been granted to you by BSH, BSH group of companies or its related companies in any manner whatsoever, directly or indirectly. You shall not infringe any intellectual property and proprietary rights of BSH, BSH group of companies or its related companies. Further, you shall not copy, paste, distribute, download, reproduce, re-advertised, modify, publish, alter, disseminate, amend, change, and/or otherwise deal with any part of the Intellectual Property rights and/or content of the website in any manner howsoever without our prior consent in writing.
2. License to use website
2.1.
You may:
(a)
View the materials in this website;
(b)
Access the materials in this website;
(c)
Use this website strictly in accordance with the provisions of the Terms. If you wish to download and/or use any materials contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading materials and/or any Intellectual Property contained in this website for reproduction and/or for any other purpose whatsoever shall be done with our prior consent in writing.
2.2.
You must not establish links on any other websites to this website without our prior consent in writing.
3. Prohibited actions
3.1.
You shall, without limiting the generality of the foregoing, be prohibited from any of the following actions while using the website:
(a)
sending, posting, promoting and/or transmitting on any part of the website any material/message which is unlawful, harassing, libellous, defamatory, disruptive, immoral, abusive, threatening, harmful, hateful, vulgar, obscene, racially or religiously or ethnically offensive and/or otherwise as determined by us in our absolute discretion to be objectionable;
(b)
sending, posting, promoting and/or transmitting on any part of the website any material/message which:
•
promotes cruelty and/or violence of any nature against any person;
•
depicts explicit sexual activity by any person (whether under-aged or otherwise) or any person in a sexually provocative or offensive manner;
•
incites and/or endorses racial, religious and/or ethnic hatred, strife and/or intolerance;
•
violates the rights of any person or which constitutes a criminal offence under local or international laws;
(c)
uploading and/or reproducing any information which shall be in breach of the intellectual property rights of third parties;
(d)
uploading files which contain viruses or other disruptive programs;
(e)
creating and/or partaking in circumstances whereby other users may be affected in their access to and/or use of the website;
(f)
conducting and/or furthering activities which shall be unlawful and/ or immoral (such as lotteries) and/or which shall otherwise be determined by us in our absolute discretion to be inappropriate to be conducted and/or furthered in the website;
(g)
modifying the contents and materials contained in the website and /or the use of the same which shall amount to a breach of our intellectual properties and/ or those of third parties.
3.2.
We reserve the right to delete/remove any objectionable and/inappropriate material / message from the website which is not endorsed and/or approved by BSH, without notice to you. In such event, we shall not be held responsible and liable to you for any damages and/or loss arising from this provision, directly or indirectly.
4. Products and services
4.1.
The model, features and specifications of products made available on the website may be subject to change at any time without notice.
4.2.
Measurements and colors of the products as seen on the website shall be estimates only.
4.3.
Orders for products and/or services shall be valid and binding and constitute a legal contract between you and us only where accepted by us in writing and shall be subject to separate terms and conditions.
4.4.
The processing of orders for the purchase of products, services and delivery and after-sales services shall be subject to separate terms and conditions.
4.5.
We shall not be liable in any manner howsoever for the non-receipt of any order or error made by you when you place order with us, if applicable.
5. As a User
5.1.
As a user of our Website, BSH will provide you with helpful tips and tricks and the latest information about your registered product. We will also provide you with marketing and advertisement news on BSH’s products and services, offers and promotions. In connection with these offers and promotions, any user that receives any prizes, gift cards, vouchers, coupons and/or other benefits (“Rewards”) from BSH through the use of multiple and/or suspicious accounts, email addresses, falsified information or fraudulent conduct, shall forfeit any Rewards gained through such activity and BSH reserves the right to take any legal action against such user.
5.2.
By using our website, you acknowledge that you are of legal age to form a binding contract under the laws of India. You agree to provide true and accurate information when registering yourself with us through the website.
5.3.
You agree to notify BSH immediately of any unauthorized use of your account or any breach of security regulations. We shall not be held responsible and liable to you for any damages and/or loss arising from this provision.
6. Disclaimer
6.1.
We make no guarantee, representation and/or warranty, expressly and/or implied, that the products and services made available on the website are of good title, correspond with description, merchantable, of satisfactory fitness or quality for any general or particular purpose. We shall not be under any liability to provide any technical assistance and/or support and/or backup facility.
6.2.
We make no guarantee, representation and/or warranty, expressly and/or implied, in relation to the website, its operation and contents and materials contained and/ or referred to in any part of the same. The website and its contents and materials are provided on an “as-is” and “as available” basis. We make no guarantee, representation and/or warranty, expressly and/or implied, in respect of any accuracy, quality, reliability, completeness, timeliness, merchantability, fitness for a general and particular purpose, non-infringement and title.
6.3.
We make no guarantee, representation and/or warranty, expressly and/or implied, that the contents and materials available through the website or functions associated therewith shall be uninterrupted or error-free or that defects shall be rectified or that the website and the server is and shall be free from all viruses and/ or other harmful elements.
6.4.
We shall not be liable howsoever for any damage and/or loss arising directly, indirectly or otherwise (including special, incidental or consequential damage and/or loss) from your use of the website, including but not limited to any damage and/or loss incurred as a result of defect, error, imperfection, mistake, inaccuracy in the website and reliance on its contents and materials or due to the unavailability of any part of the website.
6.5.
When using the website, please complete your details and personal information for the relevant registration process. Further you must set up your own password by yourself, and are responsible for maintaining the confidentiality of your account and password, if applicable.
6.6.
Any order placing for products and services on the website by you, your representative or the unauthorized third parties who use your password in order to buy products and services with your consent or by your improvident/negligence action, you, as the owner of the password, agree to accept responsibility for all activities in all respects that occur under your account and password without any dispute or claim, if applicable.
6.7.
If you make a payment for products and services by using credit card/debit card that belongs to others without their authorization, including any payment on products and services that does not correspond with the credit card/debit card owner’s intention, and we are disclaimed by the owner or the bank/issuer of the credit card/debit card resulting in goods and services unpaid, you must take full responsibility for the products or services and other damages that may occur and the BSH reserves the right to take any legal action in connection thereof, if applicable.
6.8.
Model of products in the website may vary from country to country and discrepancies might occur in varying product lines. Please contact us, your local seller, dealers or retailers of the products to check and confirm the models and the exact range of fixtures available.
6.9.
To the extent permitted, BSH excludes all liability, including negligence, for any loss and damages in reliance on the contents of the website. Further BSH does not make any warranty or representation that the information on the website is appropriate for the use in any other jurisdiction.
7. Indemnities
You shall indemnify us and/or otherwise hold us indemnified at all times against all actions, claims, expenses (including legal costs on a full indemnity basis), liabilities, damages and losses howsoever arising directly or indirectly, including but not limited to claims made by third parties, claims for the infringement of Intellectual Property rights, unauthorized or illegal access to computers or any activity related to the user of Unserhaus portal, and other pecuniary losses which we may incur as a result of your access to and/or use of the website.
8. Privacy Policy and use of information
8.1.
You agree to be bound by the terms and conditions of our Privacy Policy and as amended from time to time.
8.2.
If you upload or otherwise provide any information or content for the purpose of, or in the course of accessing or using the website, you agree that such content will be used subject to BSH Privacy Policy which may be accessed at the relevant link on the website.
9. External Link and Hyperlinks
9.1.
The website may contains link to the other sites operated by third parties and/or hyperlinks to websites which are not maintained by us and/or under our control (“Third Party Websites”). The conditions of use and privacy policy may differ substantially from our Terms and Privacy Policy that apply to your use of the website. We are not responsible for the contents of the Third Party Websites and shall not be liable to you for any damages and/or loss arising from access to and/or use of Third Party Websites.
9.2.
Use of the Third Party Websites shall be entirely at your own risks. We recommend you to carefully review the Third Party Website conditions of use, privacy policy and other terms and conditions.
9.3.
We shall in no circumstance be considered to be associated or affiliated in whatever manner with the trade or service marks, logos, insignia and/or other devices used or appearing on websites to which the website is linked.
10. Suspension and termination
We may at our absolute discretion suspend, block or terminate your access to and/or use of the website at any time without notice and assigning any reason whatsoever. In such event we shall not be held liable to you for any damages and/or loss arising thereof, directly or indirectly.
11. Right to variation and modification
11.1.
We reserve the right to vary the Terms from time to time. Further, we also reserve the right to modify the contents and materials contained in the website and/or cancel an order at any time, including but not limited to revisions, amendments, and alteration of prices, withdrawals and/or discontinuation of any product and/or service at any time and at our absolute discretion.
11.2.
Your continued access to and/or use of the website after the said variation and modification shall be deemed to constitute an affirmative acknowledgment by you of the said variation and modification and agreement to abide by the same.
12. Severance
If any clause of the Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the terms.
13. Waiver
Failure or neglect by BSH to enforce at any time of any of the provisions of the Terms will not be construed or deemed to be a waiver of the rights of BSH under the Terms.
14. Conflict
In the event of any conflict or inconsistency appears between the provisions of the Terms and any other relevant terms and conditions, notices, policies or documents, the other relevant terms and conditions, notices, policies or documents shall prevail in respect of your use of the relevant section or module of the website.
15. Language
The Terms and the website is drawn up in the English language. The Terms and the website may be translated into other language and in the event of any conflict, the English version shall in any event prevail.
16. Governing Law
The abovementioned Terms of use shall be governed by the laws of India without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the courts of Mumbai, India in respect of any dispute arising in connection with the website or BSH.