GENERAL
- Thank you for visiting www.yourprimeproducts.com. By accessing or using this website or any other media (“Website”), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User” or “you” or “Buyer”)agree to be bound by these Terms and Conditions (“Terms”).
- By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our policies (including but not limited to privacy policy), as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website and prior to making a purchase on the Website.
- In these Terms, references to “you”, “User” and/ or “Buyer” shall mean the end user/customer accessing the Website, its contents and using the services offered through the Website and references to the “Website”, “Aquarius Shipping and Transport Pvt. Ltd.”, “www.yourprimeproducts.com”, “we”, “us” and “our” shall mean the website. “Product” shall mean and include Spare parts for ISO Tanks, PTFE Valves, Gaskets, Gloves, corner protectors, warehouse safety products, liquid dispensers, flexi tanks etc. “Seller” shall mean the persons selling their products on the Website, which may or may not be Aquarius Shipping and Transport Pvt. Ltd. There could be other third-party vendors selling their Products on the Website and by using the Website you agree to purchase the Products from Aquarius Shipping and Transport Pvt. Ltd. or any third-party vendor on the Website.
- The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
- The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
- The Website is operated by Aquarius Shipping and Transport Pvt. Ltd., a private limited company, having its place of business at Mumbai. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
- This Website may also contain links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
- We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
- You shall use the Website in good faith and for the essential purposes for which the Website is intended. Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the Website.
- As a condition of your use of the Website, you warrant to Aquarius Shipping and Transport Pvt. Ltd. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
- The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
- We may make improvements and/or changes on the Website at any time. Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
ELIGIBILITY TO USE AND REGISTRATION:
- Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
- You warrant that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Aquarius Shipping and Transport Pvt. Ltd.us at the time of purchase or earlier. Aquarius Shipping and Transport Pvt. Ltd. is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration.
- Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
- The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
- By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
- Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
- If you wish to register yourself with the Website, you shall be required to create an account by registering your email account. You are responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
- The Website may be inaccessible for such purposes as Aquarius Shipping and Transport Pvt. Ltd. may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will Aquarius Shipping and Transport Pvt. Ltd. be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Aquarius Shipping and Transport Pvt. Ltd. in this regard.
- Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy.
PLACING AN ORDER:
- Once you have placed an order on this Website, it would constitute an irrevocable acceptance of the purchase and is an enforceable contract of sale between You and Aquarius Shipping and Transport Pvt. Ltd.
- Aquarius Shipping and Transport Pvt. Ltd. shall have the right to cancel any order placed on its Website, at any time prior to the delivery of the Product, without assigning any reason whatsoever. Aquarius Shipping and Transport Pvt. Ltd. shall assume no responsibility for any errors or omissions that may occur in the description, pricing or other content related to the Product. In the event of such an error, Aquarius Shipping and Transport Pvt. Ltd. reserves the right to cancel the order placed by the Buyer by informing the Buyer of the same.
- If you wish to cancel the order placed, please contact Aquarius Shipping and Transport Pvt. Ltd. within 2 hours of placing the order. Aquarius Shipping and Transport Pvt. Ltd. shall endeavor to cancel the order.
PAYMENT TERMS:
- Prices for Products are specified with respective listings. Price mentioned with respective Product excludes applicable Taxes and shipping and other charges.
- You agree that you are liable and will make payment in respect of any duties and taxes that might be applicable on the purchase of Products and such charges shall be payable in addition to the price of the Product.
- Once an order is placed on the Website, you are required to make payment for the total price of the Product including duties, taxes as well as packing and shipping charges immediately on placing the order. In the event we do not receive payment, we reserve the right to cancel the order without prior notice to you.
- We prefer that the payment is made from your own bank account. However, in case you arrange for the payment to be made from another bank account, you have to provide a declaration carrying the signature of that account holder along with yours. We will provide you with the declaration format.
- Buyers with Indian billing addresses are invoiced in INR and buyers with non-Indian billing addresses are invoiced at the prevailing Indian Rupee equivalent amount at the time of billing, either in the currency of that country or in USD, as may be convenient to us.
- Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wished listed by a Buyer. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
- We may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment for purchase, sale and return of Product on the Website. The Website shall initiate the remittance of the payments made by the Buyer and the date of completion of transaction shall be after the Product are delivered to the User and such other additional time as may be agreed
- While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by and between the User and relevant banks of the Buyer, or
- Any payment issues arising out of the transaction, or
- Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Buyer;
- Decline of transaction for any other reason(s).
- The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
- Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s).
- You release and indemnify Aquarius Shipping and Transport Pvt. Ltd. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on its behalf, Aquarius Shipping and Transport Pvt. Ltd. cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Platform for Transaction and Communication
- The Website is a website that Users utilize to meet and interact with one another for their transactions. Aquarius Shipping and Transport Pvt. Ltd. is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Aquarius Shipping and Transport Pvt. Ltd. does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Aquarius Shipping and Transport Pvt. Ltd.
- Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
- Aquarius Shipping and Transport Pvt. Ltd. does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Aquarius Shipping and Transport Pvt. Ltd. does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Aquarius Shipping and Transport Pvt. Ltd. accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Aquarius Shipping and Transport Pvt. Ltd. is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Aquarius Shipping and Transport Pvt. Ltd. cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Aquarius Shipping and Transport Pvt. Ltd. shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- Aquarius Shipping and Transport Pvt. Ltd. does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment on that behalf.
- Aquarius Shipping and Transport Pvt. Ltd. does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall Aquarius Shipping and Transport Pvt. Ltd. hold any right, title or interest over the products nor shall Aquarius Shipping and Transport Pvt. Ltd. have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Aquarius Shipping and Transport Pvt. Ltd. is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a Website that can be utilized by Users to reach a larger base to buy and sell products or services. Aquarius Shipping and Transport Pvt. Ltd. is only providing a Website for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
- At no time shall Aquarius Shipping and Transport Pvt. Ltd. hold any right, title or interest over the products nor shall Aquarius Shipping and Transport Pvt. Ltd. have any obligations or liabilities in respect of such contract.
- Aquarius Shipping and Transport Pvt. Ltd. is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
PACKING AND SHIPPING
- The Product will be delivered/shipped to the Buyer once all necessary documentation relating to transportation, tax, etc. as may be reasonably requested for by us are completed and payment has been realized in full including any additional charges. Shipping within India will be calculated at the time of check out and will be displayed for your confirmation.
- It is our endeavor that all Product purchased from the Website shall be delivered to the Buyer by our shipping collaborators. All deliveries where applicable shall be made on a best effort basis, and while the Website will endeavor to deliver the Products within the time frame, the Website disclaims any claims or liabilities arising from any delay in this regard.
- The Website Shall not be responsible for any delay in the delivery of the Product. The Website shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner/courier.
- While the Seller will take utmost care while packing the Product, the Seller may use third party service providers to pack the Product and accordingly does not guarantee the quality and condition of packing.
- In case the User is not reachable or does not accept delivery of Products, the Seller reserves the right to cancel the order(s) at its discretion.
- On placing your order, you will receive an email containing a summary of the order.
- Sometimes, delivery may take longer due to inter alia:
- bad weather;
- flight delays;
- political disruptions;
- transport strike/lockout; and
- other unforeseen circumstances.
- Where there is a likelihood of delay in delivery of the Products, the Buyer may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay or failure in delivery of the Products, which was caused due to reasons beyond the reasonable control of Aquarius Shipping and Transport Pvt. Ltd.
- In case a User purchases multiple Products in one transaction, we may combine the same and deliver them together. However, this may not always be possible and will be subject to shipping and packaging requirements and limitations.
- If a User wishes to get delivery to different addresses, then the Buyer shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the Buyer.
- Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Tracking Information – You will receive an email notification from us as soon as your order is shipped. The email notification will include your Order Number and Tracking Number. You can use either of these numbers to check the status of your order on our website, [https://yourprimeproducts.com].
- If you have not received your order within 7 business days or are unable to track your order, please get in touch with us at [help@yourprimeproducts.com].
- If your shipment is heavy or service based then it will take 15-20 working days.
GST
- Select products offered by sellers may be eligible for business purchases on the Website.
- Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.
- The GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you.
- Entity name of your registered business, as provided by you.
- Not all products are eligible for business purchases on the Website and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Website.
- Purchases on the Website must only be for end consumption. Users must not use products purchased on the Website for any commercial, promotional, resale or further distribution purposes.
- For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
- The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by the GST authority if the delivery address and GSTIN in the GST invoice are of different states.
- If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
- Aquarius Shipping and Transport Pvt. Ltd. is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
- Aquarius Shipping and Transport Pvt. Ltd. and Seller shall not entertain any request for any revision in the GST Invoice. Aquarius Shipping and Transport Pvt. Ltd. and Seller shall not be liable for Your default including for reasons associated with details provided by You.
- Aquarius Shipping and Transport Pvt. Ltd. will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
- You shall be solely liable for all compliances required under applicable laws.
- You agree to indemnify and hold Aquarius Shipping and Transport Pvt. Ltd. and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
- The Website has the right to not allow business purchases on the Website to You if a fraudulent activity is identified.
- Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Compliance with laws
- As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 200,000.00, the Buyer will be required to upload a scanned copy of his/her PAN card on the Website, within 4 days of making the purchase, failing which, the purchase made by the Buyer will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Buyer, it need not be submitted again. The order of the Buyer shall stand canceled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.
- Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them.
RETURNS
- All sales are final and all Products shall be paid for by the Buyer. Any return of any Products shall be subject to the prior written approval of the Seller. Claims that a Product is not as warranted based upon any defects which are discoverable upon inspection of the Products and claims for shortages in delivery shall be deemed waived and released by the Buyer unless made in writing and delivered to the Seller within five (5) business days of the Buyer’s receipt of the shipment giving rise to such claim(s). Failure to so notify the Seller shall constitute an irrevocable acceptance of the Products. Any non-conforming Products to be returned to the Seller’s must be shipped prepaid in secure containers to reach the Seller without damage.
- Please keep the item in its original condition, with outer box or case, user manual, warranty cards, and other accompaniments in the original packaging for a successful return pick-up. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. The product can be returned only if it is unused and in mint condition, with the seal intact.
- In the unlikely event that the item received has missing parts or accessories, the specific parts can be requested from the Seller.
- It is our policy that in the event of a disagreement, Seller holds the right to make the final call on all returns. The Seller will not process any returns if it is not reported within the stipulated time period. Refund shall be conditional and shall be with recourse available to the Seller in case of any misuse by Buyer.
- Buyers are responsible for all the packaging, shipping and insurance charges back to the Seller on returned items. We request you to retain all packaging materials and ship your item back to us in its original packaging. We strongly encourage you to return the item via a trackable method. The Product returned by the Buyer must be in no worse condition than it was received by the Buyer.
- Insurance, packing and shipping fees associated with the return of the returned piece of Product shall be the sole responsibility of the Buyer, and Seller shall have no obligation to reimburse the Buyer for such amounts.
WARRANTY AND DAMAGES
- Aquarius Shipping and Transport Pvt. Ltd. or the Seller makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Products, services and related graphics contained on the Website for any purpose. All such information, software, Products, services and related graphics are provided “as is” and “as available” without warranty of any kind. Aquarius Shipping and Transport Pvt. Ltd. and the Seller hereby disclaim all warranties and conditions with regard to this information, software, Products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Aquarius Shipping and Transport Pvt. Ltd. and the Seller hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the Buyer.
- In no event shall Aquarius Shipping and Transport Pvt. Ltd. or the Seller be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, Products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website. In any event, the liability of the Seller for any losses caused to the Buyer as any breach of this contract by the Seller will be limited to the price of the respective Product sold by the Seller to the Buyer.
- The Buyer hereby indemnifies, defends and holds harmless Aquarius Shipping and Transport Pvt. Ltd. and the Seller, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
- The Buyer’s breach of these Terms and Conditions; or
- Any claims made by any third party due to, or arising out of, or in connection with, the Buyer’s use of the Website; or
- Any claim that any third-party intellectual property right, proprietary information, content or materials provided by the Buyer causes any damage to a third party; or
- Violation of any rights of any third party by the User, including any intellectual property rights.
LIMITATION OF LIABILITY:
YOU AGREE TO ABSOLVE US OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. WE AND/OR THE SELLERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR THE SELLERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR THE SELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS.
GOVERNING LAW:
- These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MISCELLANEOUS:
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aquarius Shipping and Transport Pvt. Ltd. as a result of this agreement or use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aquarius Shipping and Transport Pvt. Ltd. with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aquarius Shipping and Transport Pvt. Ltd. with respect to the Website.
- A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- All contents of the Website are copyright protected in favor of Aquarius Shipping and Transport Pvt. Ltd. All trademarks, names, brand names, etc. used on the Website are either trademarks (whether registered or not) of Aquarius Shipping and Transport Pvt. Ltd. or its associated companies. Any rights not expressly granted herein are reserved.
- You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any Products from the Website.
- The Website also holds the right to use the Product as it deems fit and proper in any form for either marketing and/or sales in any documents/ materials/ third party website/ Website.