Terms & Conditions
June 21, 2013
EcoWorks Biotech Private Limited ("Company")
D 602, Mandar Apts, Sanjeev Enclave Road, 7 Bungalows, Andheri (West), Mumbai, Maharashtra 400061
Maninee Leila Karnik
Valentine Anthony Pereira
The terms and conditions of use mentioned herein shall apply to all websites owned and/or operated by the Company, its parent, subsidiaries and affiliates (collectively "EcoWorks") including ecoworks.co.in and all other websites, services and verticals operated by EcoWorks (collectively “Websites”).
I. GENERAL RESTRICTIONS
The foregoing rights do not include any rights to:
- modify, download (other than page cacheing), reproduce, copy, or resell the Websites content or any portion or derivative thereof, other than as expressly allowed in terms hereof;
- use, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Websites content in any way, including for any public or commercial purpose whatsoever, without EcoWorks’s prior written permission;
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Websites or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Websites or its systems, the content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the Websites;
- bypass any EcoWorks measures used to prevent or restrict access to any portion of the Websites, the content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EcoWorks;
- use EcoWorks name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or
- compile, repackage, disseminate or otherwise use data extracted from the Websites.
User may not send any material to the Websites that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law. EcoWorks may review, edit or delete materials which User or others send to the Websites but is under no obligation to do so. EcoWorks may cancel any registration(s) or account(s) on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
The foregoing activities are expressly prohibited but shall not be considered an exhaustive list of prohibited activities. The right to do any of the foregoing shall require EcoWorks's express written consent (which will include a written agreement signed by an authorized representative of EcoWorks and may be withheld in the discretion of EcoWorks). Any unauthorized use of the Websites, the content or any portion or derivative thereof or attempted unauthorized use, as the case may be, shall immediately terminate any right or permission granted by EcoWorks in terms hereof.
EcoWorks, or third parties who have licensed its brands to EcoWorks or contributed to the Websites (‘Content Owner’), own or license from third parties all Websites content. All Websites content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Websites content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.
The trademarks, logos, and service marks, including but not limited to EcoWorks and other names, logos, and icons identifying EcoWorks’s products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites are identified as being the subject of a specific copyright held by an entity other than EcoWorks and, as such, may not be copied without the permission of the holder of the copyright.
EcoWorks hereby authorizes the User to copy the materials published on Websites (the "Materials") exclusively for non-commercial use by User personally PROVIDED the User retains all copyright and other proprietary notices contained in the Materials and do not modify the Materials without prior consent of the Content Owner. The design and layout of the Websites and Trademarks are specifically excluded from the scope of Materials. No other use of the Materials is authorized. In consideration of this authorization, User agrees that any copy of the Materials (or any portion of the Materials) that User make shall retain all copyright and other proprietary notices contained herein or therein, as the case may be. User may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The products, services and/or processes described on the Websites may be the subject of intellectual property rights reserved by EcoWorks or other third parties. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING TO YOU IN ANY MANNER, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE, TITLE, OR OWNERSHIP OF OR TO ANY INTELLECTUAL PROPERTY RIGHT OF ECOWORKS OR ANY THIRD PARTY.
The information contained in the Websites is provided as a courtesy for EcoWorks's customers. EcoWorks has provided the information in good faith and has made reasonable efforts to make the information as accurate and up-to-date as possible. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ECOWORKS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EcoWorks periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. EcoWorks shall have no liability whatsoever for the resulting unavailability of the Websites or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Websites.
There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. EcoWorks does not make any representations or give any warranties with respect to any information contained in or at these other sites and EcoWorks shall not be liable for any damages or injury arising from the content of other sites. EcoWorks does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by EcoWorks in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Materials located at the Websites.
User may contact the EcoWorks Webmaster at webmaster[at]ecoworks.co.in to seek approval for linking to the Websites.
V. PRODUCT DESCRIPTION
Any items offered for sale on the Websites contain descriptions that are provided directly by the service provider, manufacturer or distributor of such item, as the case may be. EcoWorks does not represent or warrant that the descriptions of such items are accurate or complete.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and EcoWorks makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
VI. TERMINATION OF USAGE
EcoWorks reserves the right to terminate access to this web site at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
VIII. USER PROVIDED CONTENT
The Websites may offer opportunities for interactive activities, which may enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section VIII, User Provided Content, applies to the activities of persons who are using interactive services on the Websites ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the EcoWorks Member Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature including surveys, events, etc.
EcoWorks reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason, with or without prior notice or explanation, and without liability.
EcoWorks assumes no responsibility for ongoing monitoring of the Websites or for removal or editing of any User Created Content, even after receiving notice. EcoWorks assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
BY SUBMITTING USER CREATED CONTENT WITHIN THE INTERACTIVE COMMUNITY, INTERACTIVE COMMUNITY USERS AUTOMATICALLY GRANT, OR REPRESENT AND WARRANT THAT THE OWNER OR AUTHORIZED LICENSOR OF SUCH USER CREATED CONTENT HAS EXPRESSLY GRANTED ECOWORKS, THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, RIGHT AND LICENSE TO USE, REPRODUCE, PUBLISH, TRANSLATE, SUBLICENSE, COPY, MODIFY, DELETE, ENHANCE AND DISTRIBUTE THE USER CREATED CONTENT IN WHOLE OR IN PART WORLDWIDE AND/OR TO INCORPORATE SUCH USER CREATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED FOR THE FULL TERM OF ANY COPYRIGHT THAT MAY EXIST IN SUCH USER CREATED CONTENT. Any material you send to the Websites will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. EcoWorks (or our designees) will be entitled use any or all of it for any purpose, without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast and posting.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your User Created Content by EcoWorks, as provided herein.
User consents to receive electronic communications from EcoWorks, whether addressed to the e-mail address associated with such User's Websites account or posted on the Websites. User acknowledges and agrees that any communication via e-mail or by postings on Websites satisfies any legal requirement that such communications be made in writing.
X. DISCLAIMERS AND LIMITATION OF LIABILITY
EcoWorks is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Websites, including without limitation, any digital content and User Created Content or the accuracy and reliability of such content, including digital content and User Created Content, posted on the Websites or through the EcoWorks services, whether caused by Users of the Websites or the EcoWorks services or by any of the equipment or programming associated with or utilized in the Websites or the EcoWorks services.
THE INFORMATION CONTAINED IN THE WEBSITES IS PROVIDED ON AS "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOWORKS AND EACH ECOWORKS SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL ECOWORKS OR ANY ECOWORKS SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ECOWORKS'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, MATERIALS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.
NEITHER ECOWORKS NOR ANY ECOWORKS SERVICE PROVIDER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT, INCLUDING DIGITAL CONTENT, OR PURCHASE OF PRODUCT/SERVICES THERE FROM, EVEN IF ECOWORKS OR ANY ECOWORKS SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XII. APPLICABLE LAW; JURISDICTION
The Website is controlled, operated and administered by EcoWorks from its offices within India. EcoWorks makes no representation that Materials on the Websites are appropriate or available for use at any other location(s) outside India. Any access to the Websites from territories where their contents are illegal is prohibited. You may not use the Websites or export the Materials in violation of any applicable export laws and regulations. If you access the Websites from a location outside India, you are responsible for compliance with all local laws.
XIII. DISPUTE RESOLUTION
You are solely responsible for your interactions with other Users. EcoWorks reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XV. GENERAL TERMS
All rights reserved - EcoWorks reserves all other rights.
Survival - The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and EcoWorks.
Consent to Electronic Form of Contract - BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by EcoWorks. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Websites and will maintain such hardware and software throughout your use of the Websites and its services. You may remove your consent to the electronic form of contracting with EcoWorks, but in that event, your authorization to use and access the Websites is immediately terminated.