TERMS OF USE OF THE FORBES MARSHALL WEBSITE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By accessing or using our Website, you agree to be bound by all these terms and
conditions, as well as the terms and conditions of our Privacy Policy, which we urge
you to read as well. If you are not willing to agree to these terms and conditions,
please do not use our Website.
Forbes Marshall Private Limited (“Forbes Marshall”) has online Website and has its
principal place of business/ registered office at A 34-35, MIDC H Block, Pimpri, Pune
411018, Maharashtra, India.
You are only authorized to use the Website (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws of India and to these
Terms of Use.
Kindly print these Terms of Use or save a copy of these Terms of Use for your
records.
Changes:
You can access the Website, subject to the terms and conditions of use, as changed
/ updated from time to time entirely at the discretion of Forbes Marshall as set out
below.
We reserve the right at any time to change the Terms of Use, including but not
limited to suspend / cancel, discontinue a service at any time without notice and
make modifications and alterations in any or all of the content, products, features
and services or change/charge any fees or charges for use of the services contained
on the Website without prior notice. You will be deemed to have accepted such
change/s if you continue to access the Website subsequent to such changes.
Links to Third Party Websites:
The Website may contain links to third party websites that are not owned or
controlled by Forbes Marshall. Forbes Marshall has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party
websites. The links to the third party websites are provided for your convenience and
the inclusion of the links does not imply approval or endorsement of the third party
websites by Forbes Marshall.
In addition, Forbes Marshall will not and cannot censor or edit the content of any
third party site. By using the Website, you expressly relieve Forbes Marshall from
any and all liability arising from your use of this Website and any third party website
as aforesaid.
Accordingly, we encourage you to be aware when you move out of the Forbes
Marshall’s Website and to read the terms and conditions and privacy policy of each
third party website that you visit.
FORBES MARSHALL WILL NOT BE A PARTY TO, OR IN ANY WAY
RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR
SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY
CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH
PRODUCTS OR SERVICES.
Use of Website:
Forbes Marshall hereby grants you permission to use the Website as set forth in
these Terms of Use, provided that: (i) your use of the Website as permitted is solely
for your personal, non- commercial use; (ii) you will not copy or distribute any part of
the Website in any medium without Forbes Marshall’s prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with applicable laws and the terms and conditions of these Terms of Use. (v)
Illegal and/or unauthorized use of the Website, by electronic or other means for the
purpose of sending unsolicited emails or unauthorized framing of or linking to the
Website is prohibited. Appropriate legal action may be taken by Forbes Marshall
against Users or any third party (in its sole and absolute discretion) for any illegal or
unauthorized use of the Forbes Marshall services or content as stipulated in the
Website.
Security:
In consideration of your use of the Website and services, you agree, where
information is requested, to provide true, accurate, current, and complete information
about yourself, and to maintain and update it promptly. You agree that if any
information you provide is false, inaccurate, not current, or incomplete, we may
terminate your use of the Website and/or the services. We are not liable for any loss
or damage arising from your failure to comply with all of the foregoing obligations.
You may not enter, select or use a false name or an email address owned or
controlled by another person with the intent to impersonate that person, a name
subject to any rights of a person other than yourself without appropriate
authorization.
Intellectual Property Rights and No Re- transmission of Information:
The design and information contained in this Website is the valuable and exclusive
property of Forbes Marshall, and nothing in these Terms of Use shall be construed
as transferring or assigning any such ownership rights to you or any other person or
entity.
The content on the Website, including without limitation, the trademarks, service
marks and logos contained therein ("Marks"), are owned by or licensed to Forbes
Marshall.
Content on the Website is provided to you ‘AS IS’ for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners and Forbes
Marshall.
You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly
display, publish, adapt, store or time-share the contents of the Website, any part
thereof, or any of the software, application or information received or accessed there
from to or through any other person or entity unless separately and specifically
authorized in writing by Forbes Marshall prior to such use. In addition, you may not
remove, alter or obscure any copyright, legal or proprietary notices in or on any
portions of the Website without obtaining prior written authorization of Forbes
Marshall.
Forbes Marshall reserves all rights not expressly granted in and to the Website and
the content. You agree not to engage in the use, copying, or distribution of any of the
content other than expressly permitted herein, including any use, copying, or
distribution of content of third parties obtained through the Website for any
commercial purposes. You agree not to circumvent, disable or otherwise interfere
with security related features of the Website or features that prevent or restrict use or
copying of any content (including User Content) or enforce limitations on use of the
Website or the content therein.
Undertakings
You hereby confirm, undertake and agree that:-
You are solely responsible for all the User Content that you upload on Forbes
Marshall Website;
You will not upload any infringing or potentially infringing content, any illegal content
or any prohibited content or any content that violates any laws or any right of any
party;
We may terminate your use of the Site and/or the services at any time if you breach
any of these Terms of Use or our general terms of use or at our sole discretion if we
have reason to believe that your use of the service is causing us prejudice or to the
other Users;
You shall comply with laws as applicable, from time to time regarding the usage of
our Website; obey any codes of conduct or other notices that Forbes Marshall
provides;
The Website and all its features are made available to you on an 'AS IS' basis for
your information and personal use only and you have no right to commercially exploit
the Website or any feature of the website;
Forbes Marshall disclaims all warranties, express or implied, in connection with the
Website and your use thereof;
You hereby accept that you have perused our detailed Terms of Use available on
our Website to understand the terms and conditions concerning the usage of our
Website; and
You will use your best efforts to notify us of any illegal use of our Website by any
User, which may include the hosting by any User of any prohibitory, illegal or
infringing or potentially infringing content on our Website. However your inability for
any reason not to notify us will not render you liable for the termination of our
services.
Delays in Services:
Forbes Marshall (including its promoters, directors, employees, officers, affiliates,
group companies, associated entities, consultants, agents, representatives or
subcontractors) shall not be liable for any loss or liability resulting, directly or
indirectly, from any delays or interruptions caused due to electronic or mechanical
equipment failures, telephone interconnect problems, defects, weather, strikes,
walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.
Forbes Marshall shall have no responsibility to provide you access to the Website if
interruption of the Website is due to any such cause which shall continue.
Equipment and Operation:
You shall provide and maintain all telephone/internet and other equipment necessary
to access the Website and the costs of any such equipment and/or
telephone/internet connections or use, including any applicable taxes that may be
payable, shall be borne solely by you. You are responsible for operating your own
equipment that is used to access the Website.
Disclaimers:
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORBES MARSHALL,
ITS PROMOTERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES,
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS,
REPRESENTATIVES AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. FORBES MARSHALL MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS
WEBSITE'S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES
AND SERVICES OR THE CONTENT OF ANY THIRD PARTY SITES LINKED TO
THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING ANY
USER CONTENT) , (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE. FORBES MARSHALL DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
FORBES MARSHALL’S WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORBES
MARSHALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE FORBES MARSHALL’S
WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED
WEBSITE BY FORBES MARSHALL. WHEN YOU ACCESS THESE THIRD-PARTY
SITES, YOU DO SO AT YOUR OWN RISK. FORBES MARSHALL TAKES NO
RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR THIRD PARTY
WEBSITES WHICH ARE POSTED ON THE FORBES MARSHALL’S WEBSITE OR
THROUGH THE FORBES MARSHALL’S SERVICES, NOR DOES IT TAKE ANY
RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS
ADVERTISERS OR ON SUCH THIRD PARTY WEBSITES. FORBES MARSHALL
IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE,
OF ANY USER OF THE FORBES MARSHALL’S SERVICES. FORBES MARSHALL
ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER
COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILTY OR OTHERWISE. FORBES MARSHALL IS NOT RESPONSIBLE
FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE
NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR
PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL
OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON
THE INTERNET OR ON ANY OF THE FORBES MARSHALL’S SERVICES OR
COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS
OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM
PARTICIPATION IN CONNECTION WITH THE FORBES MARSHALL’S
SERVICES. UNDER NO CIRCUMSTANCES SHALL FORBES MARSHALL BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY
OR DEATH, RESULTING FROM USE OF THE FORBES MARSHALL SERVICES,
FROM ANY CONTENT POSTED ON OR THROUGH THE FORBES MARSHALL’S
SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE FORBES
MARSHALL’S SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN
CONTRACT TORT OR OTHERWSE. THE FORBES MARSHALL’S SERVICES ARE
PROVIDED "AS-IS" AND AS AVAILABLE AND FORBES MARSHALL EXPRESSLY
DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. FORBES MARSHALL CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE FORBES
MARSHALL’S SERVICES.
Limitation of Liability:
IN NO EVENT SHALL FORBES MARSHALL, ITS OWNERS, AFFILIATES, GROUP
COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF
INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE FORBES MARSHALL WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FORBES MARSHALL SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Those who access or use the Website from other jurisdictions do so at their own
volition and are responsible for compliance with applicable laws.
Indemnity:
You agree to defend, indemnify and hold harmless Forbes Marshall, its promoters,
officers, directors, affiliates, associated entities, group companies, employees,
agents, consultants, representatives and subcontractors from and against any and
all claims, causes of action, damages, obligations, losses, liabilities, fees, costs,
debt, demands, recoveries, fines, penalties and expenses of any kind or nature
(including but not limited to reasonable legal and accounting fees), which Forbes
Marshall, its promoters, officers, directors, affiliates, associated entities, group
companies, employees, consultants, agents, representatives and subcontractors
may suffer or sustain or become subject to as arising from: (i) your use of and
access to the Website; (ii) your violation or non- compliance of any term of these
Terms of Use; (iii) your violation of any third party right, including without limitation
any copyright, intellectual property right, or privacy right; or ((iv) any claim that one of
your User Content caused damage to a third party;) and any legal proceedings
relating to the foregoing. This defense and indemnification obligation will survive
these Terms of Use and your use of the Website.
Our performance of these Terms of Use are subject to compliance with existing laws,
rules, regulations, as may be applicable, and legal processes and nothing contained
in these Terms of Use are in derogation of our rights to comply with any
governmental, court and law enforcement requests or requirement relating to your
use of the Website or services or information provided to or gathered by us with
respect to such use.
Trade Mark and Copyright:
Forbes Marshall is a proprietary registered Trade Mark of Forbes Marshall.
All material available on this Website is protected by copyright laws and is owned by
or licensed to Forbes Marshall.
Governing Law and Jurisdiction:
These Terms of Use shall be governed by and construed in accordance with the
laws of the Republic of India and any dispute shall exclusively be subject to the
jurisdiction of the appropriate Courts situated at Pune, India.
Miscellaneous:
You agree that: (i) the section titles in these Terms of Use are for convenience only
and have no legal or contractual effect; and (ii) nothing in these Terms of Use shall
be deemed to constitute a partnership or a joint venture between the you and Forbes
Marshall. Nothing contained in these Terms of Use shall constitute you as the agent
of Forbes Marshall or otherwise entitle you to have authority to bind Forbes Marshall
for any purpose.
These Terms of Use together along with the Privacy Policy and any other legal
notices published by Forbes Marshall on the Website shall constitute the entire
agreement between you and Forbes Marshall concerning the Website. If any
provision(s) of these Terms of Use are deemed invalid by a court of competent
jurisdiction, the invalidity of such provision(s) shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full force and
effect.
YOU AND FORBES MARSHALL AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE FORBES MARSHALL’S WEBSITE MUST
COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Contact and Violations:
Please contact us with any questions regarding these Terms of Use. Please report
any violations of the Terms of Use to webmaster@forbesmarshall.com