TERMS OF USE OF THE FORBES MARSHALL WEBSITE

PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use (as defined herein below) are made between forbesmarshall.com and you as a site visitor and/or user ("You" or “User”).

These Terms of Use set forth the legally binding terms of your use of the forbesmarshall.com website at its services located at URL www.forbesmarshall.com.

By using and/or visiting this Website ("forbesmarshall.com"), including all content available through the forbesmarshall.com domain name, (the "Website" or “Site”) you signify your assent to both these terms and conditions ("Terms of Use") and the terms and conditions of Forbes Marshall Private Limited’s Privacy Policy (the “Privacy Policy”), which is published on the Website for reference.

Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not use this Website.

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 Private Limited (“Forbes Marshall”) as set out below. These Terms of Use are for an indefinite term and you understand and agree that you are bound by such terms till the time you access the Website.

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.

The provisions governing your use of the Website

Forbes Marshall has an online Website and has its principal place of business/ registered office at A 34-35, MIDC H Block, Pimpri, Pune 411018, Maharashtra, India. The Website is hosted in India and is subject to the laws governing the Republic of 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 and the Privacy Policy.

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 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 subject to copyright and other intellectual property rights under Indian laws and conventions.

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:-

  1. You are solely responsible for all the User Content that you upload on Forbes Marshall Website

  2. 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;

  3. 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;

  4. 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;

  5. 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;

  6. Forbes Marshall disclaims all warranties, express or implied, in connection with the Website and your use thereof;

  7. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Pune, India;

  8. 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

  9. 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 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. 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.

The Website is controlled and offered by Forbes Marshall from its facilities in India. Forbes Marshall makes no representations that the Website is appropriate or available for use in other locations. 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.

We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

  1. conform to legal requirements or comply with legal process;

  2. protect and defend our rights or property or our affiliated companies;

  3. enforce the Terms of Use; or

  4. act to protect the interest of our users or others.

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:

Forbes Marshall is a proprietary registered Trade Mark of Forbes Marshall.

Copyright

All material available on this Website is protected by copyright laws (depicted as © Copyright 2014 Forbes Marshall All rights reserved).

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 Website shall be deemed solely based in India; (ii) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (iii) 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. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Forbes Marshall’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Forbes Marshall reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

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 email