SERVICES

The Website is an electronic marketplace for domestic customers (“Buyers”) to transact with the third-party re-seller and who has been granted access to the Website for this purpose (“Seller”), collectively referred to as (“Users”) for this part. For abundant clarity, all commercial/contractual terms are offered by and agreed to between Buyers and Seller 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. PIL 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. Any links to third party websites are provided solely as a convenience to you. PIL does not endorse the contents on any such third-party websites. PIL is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

PIL 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. PIL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

PIL is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. PIL cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. PIL shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

PIL 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 in that behalf.

At no point of time shall PIL hold any right, title or interest over the products nor shall PIL have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. PIL is not responsible for the 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 platform that can be utilized by Users to reach a larger base to buy and sell products or services. PIL is only providing a Website for communication, and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

YOUR ACCOUNT

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users. Registered users: PIL makes certain sections of the Services available to you through the Website only if you have provided PIL certain required User information and created an account - through certain log-in ID and password ("Account"). You can create Your Account on the Website either directly or by logging in to a third-party website or the website of its subsidiaries using your Log-in ID and password or through any other Internet service as permitted on the Website (Login ID - and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event, you register as a User by creating an Account in order to avail of the Services provided by the Website, you will be responsible for maintaining the confidentiality and security of the Account Information and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify PIL of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from Your Account at the end of each session. PIL cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You shall be held liable for losses incurred by PIL or any other user of or visitor to the Website due to the authorized or unauthorized use of Your Account because of your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up to date. Use of another user's Account Information for availing the Services is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PIL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PIL reserves the right to suspend or terminate Your Account and refuse to any and all current or future use of the Website / Services (or any portion thereof).

This Website is directed to be used by adults only. We assume that any minor, if at all, accessing our Website it is under the supervision of their guardians. PIL or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If You are accessing, browsing and using the Site on someone else’s behalf; You represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Website in whatsoever nature.

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of PIL for the purpose of this Agreement shall be notified from time to time. PIL may change the aforesaid details from time to time under intimation to You.

If You know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Grievance Officer' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to PIL.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in PIL interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Notice.

YOUR USE OF WEBSITE

You acknowledge that your use of Website or the content on this Website is for personal, non-commercial use only. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website. You will not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from PIL or the applicable third party (if third party content is at issue).

This Website is available only to persons who has completed 18 years and are competent to enter into legally binding agreement under applicable law.

PIL is not responsible for any damages resulting from use of this Website by anyone. You agree to use the Website only for purposes as stated hereinabove and that are permitted by, and in accordance with: (a) Terms of Use; (b) the Privacy Notice; (c) the additional terms (if any); and/or (d) any applicable laws.

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to PIL.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion interests to do so.

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. PIL 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. PIL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

PIL is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. PIL cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. PIL shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

 PIL 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.

The Website can be utilized by Users to reach a larger base to buy and sell products or services. PIL 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 PIL hold any right, title or interest over the products nor shall PIL have any obligations or liabilities in respect of such contract.

PIL 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.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

You agree that the Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer.

You undertake and agree to abide by our Delivery of the Products and Cancellation/refund terms and conditions mentioned in the Website.

PAYMENT RELATED INFORMATION

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Notice. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. PIL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

For your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Website and PIL does not control the same and shall not be liable for the same.

USER GENERATED CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (" User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content.

You shall not:

• Host, display, upload modify, publish, transmit, store, update or share to the Website any content, information or file(s) that: (a) contain viruses, corrupted files, or any other similar software or programs or material designed to interrupt, destroy or limit the functionality of any computer resource; (b) may damage the operation of the Website or another’s computer; (c) belong to another person and to which you do not have any right; (d) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (g) is otherwise unlawful in any respect; (h) is harmful to child; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; (j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (k) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
• Infringes any patent, trademark, copyright or other proprietary rights.
  
• Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website).
  
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any PIL server.
  
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites.
  
• Collect or store data about other users of the Website.
• Violate any applicable laws or regulations for the time being in force.
• Violate this Agreement, the Privacy Notice any additional Terms of Use.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Publish any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid scheme” or investment opportunity, or any other form of solicitation.
• Publish any material non-public information about a person or a company without the proper authorisation to do so.
• Use our website for any illegal or unlawful purpose or activity.

PIL shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content

You hereby acknowledge that PIL has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content without any obligation.

DATA PROTECTION AND PRIVACY NOTICE

PIL takes your privacy very seriously and will use and protect any personal information you provide on this Website in accordance with our Privacy Notice. Please refer to our Privacy Notice.

By accessing our Website, you agree that we can use the personal information you provide in accordance with the aforementioned Privacy Notice. Please refer our Privacy Notice for information on how we collect, store, use, disclose and manage your personal information. You hereby consent to the collection, use, and processing of their personal data by the Company in accordance with applicable laws

INTELLECTUAL PROPERTY RIGHTS

PIL owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, copyright, trademarks, trade secrets and other related rights, in each case whether registered or unregistered, which subsist or which may in the future subsist on the Website (“PIL IP”). You shall not acquire any right in respect of the PIL or its subsidiaries IP other than as expressly stated in this Terms of Use. The trademarks, trade names, designs, logos and/or service marks displayed on the Website (“Marks”) are the property of PIL. You are not permitted to use the Marks without the prior written consent of PIL.  You shall not copy, alter, remove, delete, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Website without PIL’s prior written consent.

THIRD PARTY CONTENT

The Website may provide links to third party websites, and some of the content appearing on the Website may be sourced from external sources (“Third Party Content”). PIL is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such third-party websites.  If you decide to link to any such third-party websites, you do so entirely at your own risk. PIL do not have any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the third-party website.  PIL shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy notice of all off-website pages and other websites that you visit via the website.

You agree that the website for payment gateway is operated by the third party and due to which PIL will not be responsible for any actions, content, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

WEBSITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PIL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED VALUE OF PRODUCT PURCHASED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or PIL.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Website. PIL may terminate the Terms of Use at any time and may do so without notice to you and accordingly deny your access to the Website, such termination will be without any liability.

Upon any termination of the Terms of Use by either you or PIL you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the Terms of Use.

INDEMNITY:

You agree to defend, indemnify, and hold harmless PIL and/ or its associate entities, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website material or your breach of these terms and conditions of Website use.

PRIVACY NOTICE

You hereby confirm that you have read and agree to all of the terms set out in the Privacy Notice available here

GOVERNING LAW

The Agreement and all transactions entered into on or through the Website and the relationship between you and PIL shall be governed in accordance with the laws of India. You agree that all disputes arising under or in connection with or in relation to the Website the Agreement or any transactions entered into on or through the Website or the relationship between you and PIL shall be subject to the exclusive jurisdiction of the Courts of Mumbai.

ENTIRE AGREEMENT

If any part of these Terms of Use 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 to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect.

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and PIL with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

GENERAL

1. You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
2. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. 
3. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
4. You cannot assign or otherwise transfer this Agreement, or any rights and obligations granted hereunder to any third party. PIL may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

GRIEVANCE OFFICER

Name: Sunil Laxmishankar Vishwakarma

Email: csc@pidilite.com