Shyam Steel Industries Limited (“Company” or “we” or “us” or “our”) is a company engaged in the business of manufacturing and supply (both online and offline) of TMT bars and its allied products, inclusive but not limited to TMT clip bars, wires, nails, bricks etc. having its website at [https://shop.shyamsteel.com/] with any sub domain thereof, mobile applications or other present or future electronic modes (“Site”) for connecting its users/visitors (“Customer/s” or “you” or “your” or “yourself”) with the Company.
The Company reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Agreement including these Terms, without prior notice. Further, Company reserves the right to withdraw, suspend, alter, modify, change or vary the Site, the Site features, the Site content or parts thereof, at its sole discretion, without prior notice. All modifications/amendments to the Terms will be posted on the Site and will become effective immediately upon such posting on the Site. Your continued use of the Site after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Please review these Terms regularly to remain informed of any change. If you do not agree to these Terms, please discontinue using this Site immediately.
The Customer hereby represents and warrants that he/ she:
- is at least 18 (eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement;
- have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
- agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site including purchase of products.
- Term and Termination
This Agreement shall remain in full force and effect while you purchase the product(s) or are a Customer on the Site. The Company may terminate your use of/access to the Site, services, products, software, application and platform (“Services”) (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you. This Agreement is effective unless and until terminated by either you or the Site. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. The Site may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability upon the Site and/ or the Company. Upon any termination of the Agreement by either you or the Site and/ or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise. Any such termination of the Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Agreement.
- Acceptance of Terms
- Registration and Customer Profile
- In order to avail of and use the Services, you are required to register on the Site. As a part of registration process, you agree to provide update, complete, and accurate information to the best of your knowledge and update this information as required to keep it current, complete and accurate. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. By accessing and/or completing the online registration process on the Site and by creating a Customer Profile, Customer confirms its acceptance of the Agreement.
- You will be denied access to the Site if any information provided by you is found to be untrue, inaccurate not current or incomplete or we reasonably suspect that such information is untrue, inaccurate, not current or incomplete. In such case the Company may at its sole discretion, suspend your membership for indefinite period or even terminate your membership.
- You agree and understand that Services on the Site are supported by advertisements and you grant the Company a right to disclose the aggregate registration data to third parties in connection with marketing of the Services. Furthermore, you agree and grant the Company a right to use your individual registration data to provide for targeting of advertisements and other service offers to you.
- You shall notify to our customer support department of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
- Online Market Place and Services
You agree, understand and acknowledge that the Site is an online e-commerce market place, a platform enabling the Customers to buy any product listed on the Site by observing and adhering to the Terms as prescribed on the Site including product specific terms. You further agree and acknowledge that the Company through the Site facilitates and provides online internet based platform to Customers to purchase products or avail Services invoiced through the Company’s authorised dealer. You further agree, understand and acknowledge that the Site and/ or the Company is not liable for any sale and purchase of goods/products listed on this Site. The Site and/ or the Company shall neither be responsible nor liable to mediate or resolve any disputes or disagreements (if any) between the Customers and/ or the Company’s authorised dealer.
- Payment Process
The Site does not provide any payment gateway. Once you place the order through this Site, your order will be on pending status. While placing your order, you can choose Cash on Delivery option or transfer payment online directly in Company’s Bank Account mentioned in the Order Confirmation page (https://shop.shyamsteel.com/payment/) through RTGS or NEFT.
While the Site strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Site cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Site shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is incorrectly priced, the Site may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and the Site will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that the Site accepts your order, the same shall be debited to your bank account and duly notified to you by email that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered through the Site. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your bank account.
- License and Site access
The Company grants you a limited license to access and make personal use of the Site. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party). You may not bypass any measures used by the Company to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by the Company. By using this Site and by accepting to agree to these Terms, you also agree that you shall not hack or otherwise hire some third party to hack the site or use any other unauthorized means without a written consent of the Company and access any third party information. By using this Site you agree that you will hold all any information received by you during your interaction with this Site or any other Customer(s) of this Site in the strictest confidence and shall not disclose or use the information obtained by you by accessing this Site. You shall in such an event be liable of a criminal offence and the Company shall institute appropriate legal proceedings to claim damages.
- Impermissible use of Site
9.1 The Customer(s) of this Site shall not host, post, comment, modify, publish, transmit, update or share any content that is inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of content that Company deems to be inappropriate:
- Content belonging to another person and to which a Customer does not have any right to;
- Content that infringes intellectual property of any party;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website, blasphemous, obscene, pornographic, paedophilic, invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever;
- Content that violates any law for the time being in force;
- Content that offer unauthorized downloads of any copyrighted or private information; and
- Content that impersonates another person or entity or falsely states or otherwise misrepresents your affiliation with any individual or entity.
- 10.1 If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to email@example.com.
- 10.2 In case any Customer wish to get deleted his/her account with Company, it may be made specific request and the account shall be deleted only after satisfying the conditions, as may be determined by Company. Company, at its sole discretion, can preserve the Customer’s information for such longer period, as it may be desire.
- Third party interaction and links to third party sites
- 11.1 The Site may contain links to other third party websites which are not owned, operated or endorsed by Company and you hereby release and discharge the Company Indemnified Parties from any and all claims, losses and damages arising out of the use of, or inability to use, or access such third party websites or links. Company hereby disclaims all liability or responsibility for the content hosted or information provided by you/collected from you by such third party websites. You are advised to review the terms and conditions of such third party websites carefully before visiting, accessing, using or availing of the services of such third party websites.
- 11.2 Correspondence, advertisement, purchase or promotion, including the delivery and the payment for goods, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, pertaining to such third party website is solely between you and the applicable third party and is at your sole risk. Company shall not be responsible or liable in any manner whatsoever for transactions, information provided by / collected from you and interaction with such third party websites and/ or any losses sustained in that regard.
Company and you hereby agree to keep any data (“Confidential Information”) confidential and shall not disclose such data without the consent of the other party except pursuant to an order of any court or government authority, in performance of this Agreement by Company, or when the parties independently obtain such data from a third party.
- Intellectual Property and Ownership
Except for the content submitted by the Customer(s), all content on this Site and/ or Services or other incidental services thereto, are protected by copyright, trademark, patent, trade secret and other intellectual property laws of India. You acknowledge that the Site and any underlying technology or software on the Site or used in connection with rendering the Services are proprietary information owned or duly licensed to Company, except where it is indicated otherwise. You are prohibited to post, modify, distribute, create derivative works or reproduce any of the content, software, marks, logos, and/or materials available on the Site in whole or in part except as expressly allowed under the Terms.
- Entire Agreement and Waiver
This Agreement constitute the entire agreement between the Company and you and supersede all prior agreements and understanding, oral and written and if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 Agreement shall continue in effect. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- Governing Law, Jurisdiction and Dispute Resolution
The use and access to the Site and this Agreement and all questions of its interpretation shall be governed in accordance with the laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this Agreement.
Any dispute or difference arising in interpretation or otherwise, of any terms of this Agreement between the parties hereto, the same shall be referred to a sole arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Kolkata. The language of arbitration shall be English.
- Limitation of Liability & Disclaimer of Warranties
- 16.1 The Customer acknowledges and agrees that the Services are provided on an “AS IS” condition without warranty of any kind, express, implied, statutory or otherwise. You must bear the risks associated with the use of the Site. The Company any subsidiary, affiliate, director, officer, employee and agent expressly disclaims any and all implied or express warranties to the maximum extent permitted by applicable law in connection with the Services. No advice or information, whether oral or written, obtained by you from the Site or Services shall create any warranty not expressly stated in the Terms.
- 16.2 Without prejudice to the generality of the section above, the total liability of the Site and/ or the Company to you for all liabilities arising out of this Agreement be it in tort or contract is limited to the value of the product ordered by you.
- 16.3 The Site, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, the Site and/ or the Company takes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
- 16.4 This Site is controlled and operated from India and the Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations.
- 16.6 You agree that the Company shall have no responsibility for any damages suffered by you in connection with this Site or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of this Site.
- 16.7 You also represent that you have not ever been accused to any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status.
- 16.8 IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, SHAREHOLDERS, NON EXECUTIVE DIRECTORS OR DEALERS INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING PRODUCTS ON THIS SITE, ASSOCIATED WITH COMPANY SITE SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 16.9 YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CUSTOMER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ALSO ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY SHORTAGE OR NON-FULFILLMENT OF SERVICES ON THE SITE AND UNAVAILABILITY OF SERVICES DUE TO ANY INABILITY, DELAY OR FAILURE ON PARTY OF THE DEALERS.
- 17.1 You agree to indemnify and hold the Company and its officers, directors, agents, subsidiaries and employees (“Company Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, or arising out of your use or misuse or access to Site, service, content or otherwise, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Terms or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms.
- 17.2 The Customer acknowledge that the Company is not obligated to perform any act or obligation for them and that it is only a service provider to them that facilitates the transaction between the Customer and the dealer(s) or act an agent for the authority provided. In case of any loss or damage to the Company due to their action or inaction, the Customer and the dealer(s) shall, jointly and severally, indemnify the Company.
- Force Majeure
The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, epidemic, pandemic or other natural disaster), war, invasion, act of foreign enemies, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service or any other act beyond the control of the Company.
- Information Gathered and Tracked
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Amendment and Assignment
The Company reserves the right to make changes or alter the contents of Site or services provided by the Company at our sole discretion, without any prior notice. You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Site.
- Infringement Notification
- 22.1 If you believe in good faith that any content or material posted or otherwise made accessible on this Site, violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this Site, please compile the following information and email it to firstname.lastname@example.org; and which email shall contain the following information:
- a clear identification of the allegedly prohibited/unlawful/abusive material on the Site (with specific URL reference);
- your contact details: name, address, e-mail address and phone number;
- in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Site is not authorized by you or your agent or law;
- a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
- a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
- 22.2 The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the content.
- 22.3 In such an event, the Company may contact you for any further information and reserves the right to determine, at its sole discretion, whether such content violates these Terms or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, the Company reserves the right to restrict your access to the Site.
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