Disclaimer
- The Website is maintained by VARDA and use of the website by you is subject to the Terms and Conditions and all applicable Indian laws and all rights are reserved with VARDA
- The purpose of the website is to provide you with information about the work and the products of VARDA . It should not be relied upon for any specific purpose, content or information without first seeking appropriate professional advice and no representation or warranty is given as to its accuracy, adequacy, suitability, usefulness, timeliness, applicability, reliability or completeness of the information and contents of the website.
- Reference to any product or service on the website does not mean that the name and description of any product bought will be the same as that included on the website. All products displayed in the website are matched as accurately as possible but are not 100% accurate. Prices and information may vary anytime without prior notice.
- The information on the website has been included in good faith for general informational purposes only. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information and guidance provided in the website does not constitute a recommendation or solicitation by VARDA or any of its personnel to order or buy any product as mentioned therein. Any decision by you should be based solely on your own evaluation as per your need and requirement. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any product, opinion, guidance or other content made available on the website and VARDA claims no guarantee or responsibility for the same.
- While VARDA and its personnel have taken adequate care to ensure completeness, accuracy, transparency etc. of the information/services and products available and provided on the website, neither VARDA nor any of its personnel shall be anyway liable for any loss or damage caused to you claiming that they had suffered loss or damage directly or indirectly as a result of placing reliance on information obtained through the website and acting thereon or as a result of the use of the product procured from the website.
- VARDA makes no warranty regarding the transactions entered into through the website.
Indemnification
You agree to indemnify, defend and hold harmless VARDA , their partners and employees, representatives, suppliers and Advisors, against any claim, suit, action or other proceeding brought against VARDA , their partners and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding brought against VARDA , their partners and employees, representatives, suppliers and Advisors is based on or arises in connection with the use of this website, or by the use of products mentioned therein, violation of these terms and conditions or any links therein which may include unauthorized use of the website including use of the website contrary to law by you or someone using your computer or a violation of the terms and conditions contained herein by you or any misrepresentation or breach of representation or warranty contained herein made by you or any breach of any covenant or agreement to be performed by you hereunder including that of violation of our intellectual property rights which may result in damage or injury. These instances are merely illustrative and are not deemed to be exhaustive for the purposes of indemnification.
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable Advocate's fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Disclaimer of Warranties
- You expressly agree that use of the website is at your sole risk. The website is provided on an "as is" and "as available" basis.
- Except as warranted in these Terms and Conditions, VARDA expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement.
- VARDA shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omissions, typographic errors, disruptions, delays, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc. in the website or any part thereof.
- VARDA does not warrant that the access to the website will be uninterrupted, timely, secure, or error free, the defects be corrected; nor does VARDA make any warranty as to the results that may be obtained from the website or as to the accuracy or reliability of the content contained in the website.
- VARDA shall not be liable for any action taken by you based on or relying on the information provided in or by the website.
- VARDA does not guarantee that the contents contained in the website would be virus free or free from other harmful contents. VARDA shall not be liable for any virus that may enter the system as a result of you using the website. VARDA shall not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of the use of the website.
- VARDA expressly excludes all warranties, obligations, representations, liabilities, terms or conditions (whether express or implied) or arising out of contract, statute or otherwise and irrespective of the negligence of the employees or directors of VARDA in connection with the information on the website. However, in no event shall VARDA be liable for loss of profits, loss of business projects or opportunity or any direct, indirect or consequential losses of any kind arising out of or in connection with the use of or reliance on information on the website or inability to use the website or any of its contents or any delays in the provision of information or any action taken or not taken as a result of using the website.
- VARDA has taken reasonable efforts to include up-to-date, current and accurate information in the website, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the material, products, information or graphics provided in the website. VARDA shall not be liable for any damages, losses or injury resulting from your access to, or inability to access the website, or from your reliance on any information provided on the website.
- Please note that the information, materials and graphics available on the website may be incomplete, out of date or incorrect and the information, materials and graphics available on the website may be subject to change without notice.
- You are at liberty to discontinue using the website if you are dissatisfied with any portion of the website or with any of these Terms and Conditions.
Limitation of Warranties
- Under no circumstances, even if VARDA has been advised of the possibility of such damages including but not limited to negligence, shall VARDA , their employees and partners, suppliers and third party Advisors be liable for any direct, indirect, incidental or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss):
- arising out of or in any way connected with the use/delivery/performance of the website,
- with the delay or inability to use this website or any links or items on the website,
- for the failure to provide services, or for any information, software, Products, services and related graphics obtained through this website,
- transactions entered into through or from the website,
- otherwise arising out of the use of this website including representations made therein and the use of the products mentioned therein,
- Resulting from unauthorized access to or alteration of transmissions or data, resulting from interruption, suspension or termination of the website whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Cookies
- VARDA uses a feature of your Internet Web browser called a cookie to assign a unique identification to your computer. Cookies are files that your Web browser places on your computer and hard drive to track your clicks as you go through our site. Cookies are used to keep track of items you put into your shopping cart, to tell us whether you have visited us previously, and to help us determine whether you came to our site from a particular Internet link or banner advertisement. Cookies can also be used to help save and retrieve information on past shopping preferences including items placed in your cart but not purchased, which saves you from having to re-enter this information upon every visit to our Web site.
- You should also be aware that you have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to place items in our shopping carts and participate in other activities on our site. You will still be able to review the merchandise on our site even if you do not accept cookies.
Jurisdiction
- Since the website can be globally accessed, VARDA accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. Only the laws of India shall govern these Terms and Conditions and the operation of the website. Any law or statutory requirements of any other Country except India will have no applicability to these Terms and Conditions.
- The services available on the website are being offered primarily to the residents of India. Any foreign national or non-resident Indian located in foreign jurisdiction before entering into transactions on the website has to comply with the regulatory and statutory compliances of the country of which he is the resident. It shall be the sole responsibility of foreign residents including non-resident Indians in foreign jurisdictions to verify whether the services available on the website can be accessed and utilized in their respective jurisdictions. The services which are part of the website do not constitute an offer to sell or a solicitation of an offer to buy any Products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
- All the Terms and Conditions mentioned herein shall be governed by the laws of India and shall be subject to the jurisdiction of Courts at Mumbai. only. All disputes arising hereunder shall be finally resolved and settled through Arbitration in accordance with the provisions of the Arbitration and Conciliation, 1996 of India. In the event of any dispute, a sole Arbitrator shall be appointed by VARDA on its own with advance notice to other party or on request of the other party within 30 days of the receipt of such written request. The venue of Arbitration shall be at VARDA and the language of Arbitration shall be English. Each party shall bear their own respective costs.
Miscellaneous
- That the relationship between you and VARDA is solely and expressly governed by these Terms and Conditions for the use of the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VARDA with respect to the website.
- VARDA performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VARDA rights to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to gathered by VARDA with respect of such use.
- You agree to abide by any amendment or subsequent change in law or incorporation of any law, Government notifications, the rules, regulations and guidelines issued by Information Technology Act, 2000 and other regulatory bodies defining rules/regulations governing the offer of any service on the website and the law of the land. These changes and amendments shall be notified on the website and these Terms and Conditions will be suitably amended to be in conformity with the same and you agree to cooperate and abide by such changes.
- If any provision or condition of these Terms and conditions are held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition.
- The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision, term or condition was not contained herein.
- All transactions are generally carried out within a reasonable time but for transactions which cannot be carried out instantaneously the same will be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by VARDA depending upon the time of logging of the transaction. VARDA shall not be responsible for any delay which may occur due to late carrying out of the transactions.
- All transactions that are carried out by you shall be subject to Governmental notifications, rules, regulations and guidelines and statutes and other regulatory bodies defining rules/regulations governing the offer of sale of any product on the website and the law of the land.
- VARDA may from time to time send by e-mail or otherwise, information relating to its products and services offered by its group companies or Affiliates, general information related to its products and other services.
- You agree and acknowledge that any rights not expressly granted herein are reserved.
- The clause headings in these Terms and Conditions are for only for convenience and do not affect the meaning of the relative term.