Last updated on 1st August 2019

Korgen Terms of Use

This ‘Terms of Use’ document constitute an electronic record in the form of an “Electronic Contract” in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of a website.

PLEASE READ THIS “TERMS OF USE” CAREFULLY BEFORE USING OR REGISTERING ON THIS WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.

By accessing, browsing or registering on www.korgentech.com and using the services and tools provided on the Website, You signify that you have read, understood and unconditionally accept the “Terms of Use” and you agree to be legally bound by the same without limitation or qualification. This “Terms of Use” shall come in to effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website and shall govern your use of the Website and services therein.

By impliedly or expressly accepting the “Terms of Use”, You also accept and agree to be bound by all other Korgen Policies referenced herein and amended from time to time.

You also represent and warrant that You have the legal authority to accept these terms on behalf of yourself and any party you represent. If you DO NOT agree with this ‘Terms of Use’, please do not use this Website.

1.0

Introduction

1.1

Korgen Tech Systems is an environmental engineering company that designs, manufactures, assembles, sells, installs (wherever warranted) and services a wide range of products and cus- tomized projects in water purification, water treatment, waste water (sewage) treatment, air purification, solar energy space and consumer goods in the health segment. In addition, Korgen also sells - as a dealer - products manufactured by reputed global and national brands in the environment technology and consumer segments.

1.2

The domain name www.korgentech.com (hereinafter referred to as “Website”) is built, owned and operated by Korgen Tech Systems, having its office at Old No.14, New No.4, West Avenue, Kodambakkam, Chennai - 600 034, Tamil Nadu, India.

1.3

The Website acts as an online-electronic marketplace and allows users, amongst other services, to submit enquiries, demo requests, place their orders and make payments for the products sold by Korgen. This Website is also used by Associates registered with Korgen to submit leads and take orders, from prospective buyers, for the products listed on the Website.

2.0

General Provisions

2.1

These Terms and Conditions (“Terms of Use”) and all other policies posted on the Website set out the terms on which KORGEN Tech Systems offers access to the users of the Website and allows them to use the services enabled on this Website and its Mobile App or other software applications whether existing now or in the future.

2.2

For the purpose of this “Terms of Use”, wherever the context so requires, “Registered User” or “Visitor” or “You” or “Your” or “User” shall mean any natural or legal person who accesses the Website to read the information and/or uses the services and tools / functionalities offered therein by providing Registration Data while registering on Korgen as a Registered User using his or her computer systems or Mobile Devices or who has used the Website without becoming a Registered User, and, in either case, accepted this electronic version of the “Terms of Use”. The terms “Korgen”, “We”, “Us”, “Our” shall mean KORGEN Tech Systems, which term shall include, wherever the context permits, their administrators, executors, successors, liquidators and assigns.

2.3

The ‘Terms of Use’ together with the ‘Privacy Policy’, ‘Terms of Sale’ and all other policies incorporated herein or referred to herein, from time to time, collectively and in entirety, shall constitute the legal agreement that shall govern your use of the Website and the web-pages, hyperlinks, tools and services offered on this Website.

2.4

When You use any of the services provided by Us on the Website including but not limited to, booking demos-enquiries, placing orders, making payments, submitting referrals, complaint registration, product reviews, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they shall be deemed to be incorporated into this “Terms of Use” and shall be considered as part and parcel of this “Terms of Use”.

2.5

We reserve the right, at Our sole discretion, to change, amend, add or remove portions of the “Terms of Use”, by posting an amended version on the Website, at any time, without any prior notification to You whether as a Registered User or not. The amended version of the “Terms of Use” shall be effective from the time of being posted on the Website and supersede all previous repre sentations, understandings or agreements. It shall be Your responsibility to review the “Terms of Use” periodically for updates / changes by referring to the “Last Updated” legend above. Your continued use of the Website following the posting of amended version shall mean that You accept and agree to the current version of the ‘Terms of Use’ available on the Website at the time of such use.

2.6

As long as You comply with these Terms of Use and other applicable policies incorporated herein, We grant You a personal, non-exclusive, non-transferable, freely revocable (upon notice from Korgen), limited privilege access to browse, view and use the services available on the Website as expressly permitted in the Terms of Use.

2.7

You and Korgen are independent parties on the basis of a principal-to-principal relationship and none of the provisions of the “Terms of Use” shall be deemed to constitute a partnership or agency or Joint Venture between you and Korgen and you shall have no authority to bind Korgen in any manner whatsoever.

2.8

In case of Korgen releasing a Mobile App that provides the same services presently provided on the Website, Korgen may include functionalities to automatically check for updates or upgrades to the App. Unless your device, its settings, or operating software does not permit transmission or use of upgrades or updates, You agree that We may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time to time. You may be required to install certain upgrades or updates to the App in order to continue to access or use the Services, or portions thereof. Any updates or upgrades provided to you by Us under the Terms of Use shall be considered part of the Services.

2.9

Korgen does not levy any fee for browsing, registering, booking and buying products on the Website. However, We may charge Users certain fees for the use of specific services on the Website or features/functionalities of the Website. We reserve the right to change these fees / charges, from time to time, at our sole discretion, including without limitation, right to introduce fees / charges for the new services offered or waive / amend / introduce fees for existing services, as the case may be. You agree to pay any such fees, as may be applicable to the services that You use.

2.10

Changes to the Fees/Charges Policy shall be posted on the Website and such changes shall automatically become effective immediately from the time of their posting on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and be payable to KORGEN within such time as specified in the invoice. Users shall be solely responsible for complying with all applicable laws for making payments to Us.

3.0

User Eligibility, Conduct and Associated Obligations

3.1

The Services offered by the Website are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning specified in the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

3.2

These Services may also be subject to procedures for use of the Website, Terms of Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & Notices, if any (“Additional Terms”). In the event of any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.

3.3

You hereby represent that You are of legal age (18 years) and are competent to understand and agree to the “Terms of Use” and form a binding contract, and are not a person barred from receiving services, under the Act mentioned above and other laws as applicable in India. Notwithstanding the above, if You are below the age of eighteen (18) years, You may avail the Services provided on the Website through Your legal guardian or parents.

3.4

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or We determine that You have violated the “Terms of Use” and other policies posted herein or We receive requests from law enforcement or other government agencies, We shall have the right, at our sole discretion and without any prior notice, to indefinitely suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

3.5

Korgen reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate or restrict access granted to existing Users at any time without assigning any reasons whatsoever, at its sole discretion.

3.6

By using this Website, You also agree that any violations by You of the “Terms of Use” will constitute an unlawful and unfair practice that will cause irreparable harm to Us, for which monetary damages would be inadequate and You consent to Korgen obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Korgen may have at law or in equity.

3.7

In the event of Korgen initiating any legal action against You as a result of Your violation of this Terms of Use, We will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs incurred on such action, in addition to any other relief granted to Us.

3.8

You release and indemnify Korgen and its officers / representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that regard, Korgen cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution when using the Website.

3.9

You expressly agree, undertake and confirm that Your use of this Website shall be strictly governed by the binding principles mentioned herein. You also agree to use the Services, Website and the materials provided therein only for the purposes that are permitted by (i) the “Terms of Use” and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.10

You may access, browse and use the materials solely for personal, informational and internal purposes only. Further, you shall not modify or alter any information or any other material available on the Website without Our consent.

3.11

The right granted to You, in the product catalogues or any other material as specified in the “Terms of Use”, are not applicable to the design, layout or look and feel of the Website. These elements are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part.

3.12

You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface provided by Korgen. You shall not use any “deep-link”, “page-scrape”, robot, spider or other automatic devices, programs, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. We reserve our right to take appropriate and stringent legal measures to bar any such activity.

3.13

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

3.14

You acknowledge and agree that by accessing or using the Website and its services, it is possible that You may be involuntarily exposed to content posted by other users that You may consider offensive, indecent, obscene or otherwise objectionable. Korgen disclaims all liabilities arising in relation to such offensive content on the Website.

3.15

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

3.16

You shall not make any negative, denigrating or defamatory statement(s) or comments about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Korgen, our Brand Partners and Associates. You also agree that You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Website’s Systems or Networks, or any systems or networks connected to the Website.

3.17

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or with any person’s use of the Website.

3.18

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent someone else or impersonate any other individual or entity.

3.19

You may not use the Website or any content therein for any purpose that is unlawful or prohibited by the “Terms of Use” or to solicit the performance of any illegal activity or other activity which infringes the rights of Korgen and / or others.

3.20

It is also possible for other users to obtain personal information about You due to your use of the Website and they may use such information to harass or injure You. While we do not approve of such unethical behavior, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Therefore, please be advised to carefully choose the type of information that You wish to disclose or share publicly on the Website.

3.21

Korgen shall have all the rights to take necessary action and claim damages that may occur due to your involvement / participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS / DDos (Distributed Denial of Services).

3.22

If Korgen allows You to post and upload any material on the Website and its Social Media Pages, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

    i.
  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • ii.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • iii.
  • Publish, post, upload, modify, distribute or disseminate any information or name or material that is inappropriate, objectionable, racial, disparaging, harmful, harassing, profane, defamatory, infringing, obscene, pornographic, indecent, paedophilic, libelous, invasive of another’s privacy or unlawful in any other manner through any bookmark, tag or keyword.
  • iv.
  • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • v.
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • vi.
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • vii.
  • 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;
  • viii.
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • ix.
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by the “Terms of Use”, or to solicit the performance of any illegal activity or other activity which infringes the rights of Korgen or other third parties;
  • x.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • xi.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • xii.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • xiii.
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • xiv.
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • xv.
  • Violate the “Terms of Use” including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
  • xvi.
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

3.23

You agree that You are solely responsible to Korgen and to any third party for any breach of Your obligations under the “Terms of Use” and for the consequences (including any loss or damage which Korgen or Our affiliates may suffer) from any such breach.

3.24

Korgen reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Korgen may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

4.0

Information on Price and Products

4.1

Korgen shall list the Maximum Retail Price (“MRP”) of the Products and Services, as fixed by the respective brands, on the Website. All prices, unless indicated otherwise, are in Indian Rupees (INR).

4.2

Prices for certain products and services that require customization based on specific buyer requirements cannot be standardized and therefore are not listed on the Website. The same shall be provided by Us against enquiries from prospective buyers.

4.3

The final purchase price of the products / services depends on, amongst other things, the order value, customer history and Our promotional campaigns at the time when the orders are placed. If the orders come through our Associates, the final offer price shall be decided between the Associates and the buyers. More details about this aspect is available under the Terms of Sale.

4.4

All prices and availability of products and services are subject to change without prior notice at the sole discretion of Korgen. All terms for purchase of products and services on the Website, including but not limited to, price, delivery schedule / mode and costs, payment methods, payment terms, dates, warranty, after-sales services shall be governed by the Terms of Sale available in this Website.

4.5

Korgen does not make any Representation or Warranty as to the attributes of the products or services ( such as quality, value, salability etc) proposed to be sold or offered to be sold or pur- chased on the Website. Korgen does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Korgen accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Disclaimer: Pricing of products / product information / technical data published on the Website may, due to some technical issues or typographical errors or oversight, be incorrect and in such an event, We may cancel your order (s) on that basis.

5.0

Communications and Subscriptions

5.1

You expressly agree that all agreements, notices, disclosures and all other communications that we provide to you electronically (by email or by general notification on the Website) shall satisfy any legal requirements that such communications be in writing.

5.2

In order to make you aware of the latest features, products, application benefits, promotional offers of and relevant business opportunities with Korgen, we may communicate to you, from time to time, through phone calls, SMS notifications and emails.

5.3

You can unsubscribe / opt out from receiving promotional and non-transactional communications from Korgen anytime by clicking on the Unsubscribe link generally made available on the footer section of the Website or the Unsubscribe Option available at the bottom of the Newsletters received from Korgen. Emails / SMS alerts / Phone Calls pertaining to your transactions with Korgen shall, however, be sent to you as and when you avail such services.

5.4

You will be required to enter a valid mobile phone number while placing an order on the Website. By registering Your mobile phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Service of Notice: The Registration Data and email ID or Your Account details of the third party websites through which You register with Korgen will be construed as Your ‘Designated Electronic Address’ and the Website, other third parties and law enforcement agencies will communicate with You on Your designated electronic address which will be deemed adequate service of notice / electronic record. Any notice provided to Us pursuant to the “Terms of Use” should be sent to legal@korgentech.com.

6.0

Contents Posted on Site

6.1

Except as expressly provided in the “Terms of Use”, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without authorization from Korgen or the third-party owner of such content.

6.2

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

7.0

Third Party Content and Links

7.1

This Website also makes available general third party information, that are not under the control of Korgen, such as product catalogues, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Korgen.

7.2

Such Third Party Content is provided for general informational purposes and only for the convenience of the users of this Website. You acknowledge that this Third Party Content is obtained from sources believed to be reliable. Korgen does not provide any guarantee with respect to accuracy, relevancy, copyright compliance, legality, completeness, timeliness of the Third Party Content and Korgen shall not be held liable for any loss or damage incurred by You based on Your reliance on or use of such data

8.0

Payment Facility and Associated Conditions

8.1

Korgen contracts with third party service providers to facilitate payment transactions for the products and services bought from the Website and collection of applicable fees and other charges from the Associates. These third party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, Payment on Delivery (POD) Service Providers, mobile payment service providers or through any facility authorized by RBI for collection, refund and remittance, as the case may be. We takes utmost care and work with these third party payment providers, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault on the part of these service providers.

8.2

Therefore, while availing any of the payment method/s available on the Website, Korgen shall not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:

    i.
  • Lack of authorization for any transaction/s, or
  • ii.
  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • iii.
  • Exceeding the preset limit mutually agreed by Korgen with our acquiring bank from time to time
  • iv.
  • Any payment issues arising out of the transaction, or
  • v.
  • Decline of transaction for any other reason/s

8.3

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate payment transactions with respect to any other form of currency on the Website.

8.4

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the products and /or services from Us using the Payment Facility available on the Website.

8.5

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

8.6

You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Website.

8.7

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

8.8

Before shipping / delivering your order to you, We may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

8.9

You, as a Buyer, shall electronically notify Us using the appropriate Website features immediately upon Delivery or Non-delivery within the time period as provided in Policies. Non notification by You of Delivery or Non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

8.10

Korgen may do such checks as it deems fit before approving the receipt of commitment to pay (for Cash On Delivery transactions) the Transaction Price from the Buyer for security or other reasons at the discretion of Korgen. As a result of such check if Korgen is not satisfied with the creditability of the Buyer or genuineness of the Transaction, it will have the right to reject the receipt of / Buyers commitment to pay the Transaction Price.

8.11

The Buyer acknowledges that Korgen will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Korgen.

9.0

Dispute Resolution

9.1

In case of a dispute, Korgen Customer Care team shall initiate an inquiry and after establishment of the facts, will actively endeavour to facilitate an amicable solution as defined in our “Terms of Sale” Policy.

9.2

Unless expressly stated otherwise, any dispute should be registered within 15 days from the date of delivery of the product or 6 days from the date of installation (if applicable), whichever is earlier and only Buyers who place their orders through our online platform are eligible for this assistance.

9.3

Korgen Customer Care Team (to be connected to care@korgentech.com ) may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event of Buyer not responding with the requisite information / clarification sought within 5 days from the date of such request, the dispute shall be auto-closed

9.4

Korgen shall not be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by the Buyer on account of any dispute.

9.5

While we shall make every efforts to arrive at an amicable solution to the fullest satisfaction of the buyer, decision taken by Korgen in any dispute shall be deemed to be final and binding on the buyers.

10.0

User Feedback and Information

10.1

Any feedback You provide to this Website shall be deemed to be non-confidential and non-proprietary. Korgen shall be free to use such information on an unrestricted basis including displaying the same on the Website with the respective User IDs. Further, by submitting feedbacks, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information about You or of third parties (ii) Korgen is not under any obligation of confidentiality, express or implied, with respect to the feedback, (iii) Korgen may have something similar to the feedback already under consideration or in development, and (iv) Unless there is an explicit commitment from Us, You are not entitled to any compensation or reimbursement of any kind from Korgen for the feedback under any circumstances.

10.2

We may at its discretion, make modifications or changes to the Website, Content and / or Services on the basis of such feedback though Korgen shall have no obligation to so. In such an event, You agree that You shall not have any rights or title (including intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications and assign to Korgen, all worldwide rights and title to such changes or modifications, in perpetuity.

10.3

Further, Korgen shall not be responsible for the feedbacks that you post on the Website and you should desist from making comments that are not factual in nature and also should not post defamatory or illegal or offensive/obscene contents, for which you alone shall be liable.

11.0

Privacy

11.1

You understand, agree and acknowledge that Korgen uses third party services providers to store and process Your personal information and other information which You provide to Korgen (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Website. You agree and understand that Korgen provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Korgen shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Website.

11.2

We and our affiliates may share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, we and our affiliates may use such information to provide you various services with respect to your transaction.

11.3

You hereby consent and agree that you have read and fully understand the Privacy Policy of Korgen in respect of the Website. If You object to any terms as mentioned in our Privacy Policy in any way, please do not use the Website.

12.0

Intellectual Property Rights

12.1

The Website Design and the processes, their layout selection and arrangement, including but not limited to text, graphics, user interfaces, visual look and feel, sounds and music (if any), artwork and computer code (not including any content posted by Users or any Third Party Content) on the Website (collectively, the “Content”) is owned and controlled by Korgen or its Licensors and the design, structure, selection, coordination, expression of such Content is protected by appropriate copyright, patent and trademark laws and various other Intellectual Property Rights.

12.2

The trademarks, logos and service marks displayed on the Website (“Marks”) are either the property of Korgen or the respective third parties. You are not permitted to use the Marks without the prior consent of Korgen or the third party that may own the Marks.

12.3

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Korgen owns all intellectual property rights to and into the trademark “Korgen” and the Website, including, without limitations, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.

12.4

Intellectual Property Rights for the purpose of this “Terms of Use” shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broad casting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Korgen as the owner of such domain name.

12.5

The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its respective third-parties / licensors, as the case may be.

12.6

All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Korgen, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

12.7

Except as expressly provided herein, you acknowledge and agree that You shall not copy or imitate the designs or layouts of this Website, in whole or in part nor download or install any software available on the Website.

13.0

Trademark complaint

13.1

Korgen respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Korgen at legal@korgentech.com

14.0

Disclaimer of Warranties and Liability

14.1

The Website, all the materials, products and services (including but not limited to software), included on or otherwise made available to You through this website are provided on "as is" and "as available" basis without any representation or warranties of any kind, express, implied, statutory or otherwise. We specifically disclaim any warranties of title, merchantability, fitness for any particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.

14.2

Without prejudice to the forgoing paragraph, Korgen does not warrant nor makes any representations that this i) Website or the services will be error-free, uninterrupted, timely or available always and ii) the information, data, software, products or services on this Website is accurate, complete, true and non-misleading.

14.3

Korgen will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Korgen does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

14.4

Korgen shall not be responsible for any delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities or any information, software, product and related graphics obtained through the Website or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his or her own discretion and risk and he or she will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Korgen accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or any third parties.

14.5

Nothing on Website constitutes, or is meant to constitute, advice of any kind. Korgen shall not be liable for any third party product or services and the advertisements available on the Website or E-mail for third party website or products or services are for information purpose only.

14.6

You agree that the aforesaid disclaimers shall be in addition to all other disclaimers given in the “Terms of Use”.

15.0

Indemnity and Limitation of Liability

15.1

You agree to indemnify and hold harmless Korgen, including but not limited to, its subsidiaries, group companies, suppliers, affiliates (as applicable), consultants, contracted companies and their respective owners, shareholders, officers, directors, employees and agents, against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith) incurred by Korgen that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligations to be performed by You pursuant to the “Terms of Use” and other policies posted on the Website and incorporated by reference.

15.2

Further, You agree to release Us, our subsidiaries, respective Directors, officers, employees, shareholders, legal representatives, agents, successors and assigns, from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claims that Your material caused damage to a third party, Your violation of any law, rules or regulations or the rights of a third party, including infringement of intellectual property rights.

15.3

Notwithstanding anything to contrary, Korgen’s entire liability to You under this “Terms of Use” or otherwise shall be the refund of the money charged from You for any specific product or service or voucher, under which the unlikely liability arises.

15.4

Under no circumstances, shall Korgen, its owners, employees, associates, suppliers or affiliates be liable to You, the vendor or any third party for any special, incidental, direct, indirect, consequential or punitive damages whatsoever, including without limitation, those resulting from loss of business, revenue, data, whether or not foreseeable or whether or not Korgen has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use or inability to use, of the Website, Services or materials.

15.5

The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.

16.0

Forward-Looking Statements

16.1

The information provided on the Website may contain certain projections or forward-looking statements of, including but not limited to, financial results, operations, vision, strategies, goals, acquisitions, capital position and future plans of Korgen or any of Our affiliates. By their nature, these forward-looking statements involve risk and uncertainty since they purely relate to future events and circumstances.

16.2

These forward-looking statements are subject to, amongst other things, the general and economic conditions prevalent in countries or regions where we operate, the successful implementation of our strategy, our ability to realize the benefits of this strategy, the policies and actions of governmental and regulatory authorities, changes in legislation and the impact of competition.

16.3

A number of these factors are beyond our control and as a result, our actual future performance may materially differ from our dreams, plans, goals and expectations expressed or implied in these forward-looking statements. Therefore, we caution the users of the Website that the forward-looking statements made available in the Website are not a guarantee for our future per formance.

17.0

Report Abuse

17.1

In the event of you coming across any abuse or violation of the “Terms of Use” or if You become aware of any objectionable content on the Website, please report to legal@korgentech.com.

18.0

Termination

18.1

The “Terms of Use” will continue to be binding until terminated by either You or Korgen as set forth below. If you wish to terminate Your agreement with Korgen, You may do so by (i) not accessing the Website or (ii) closing Your Account with the Website, an option made available to You by Korgen.

18.2

Korgen, may at any time, with or without prior notice, terminate the “Terms of Use” (or portion thereof, such as any individual Additional Terms) with you and block your access to the Website if

    i.
  • Korgen determines that You have breached any of the provisions of the Terms of Use, Privacy Policy and other policies that may be applicable to You from time to time
  • ii.
  • Korgen is required to do so by law or upon request by law enforcement or other government agencies
  • iii.
  • Provision of the Services to You by Korgen is, in Our opinion, no longer commercially viable
  • iv.
  • In case Korgen faces any technical issues or problems that prevent the Website from working
  • v.
  • Korgen chooses to discontinue, with or without reason, access to the Website, access to the Services (or any part thereof) provided through the Website

18.3

Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the Services (ii) deletion of Your materials and Account Information, including Your personal information, login ID and password and all related information, files and materials associated with or inside Your Account and (iii) barring you from further use of the Services

18.4

You unconditionally agree that all terminations shall be made at Our sole direction and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website and Services provided through the Website.

18.5

Notwithstanding the foregoing, the “Terms of Use” shall survive indefinitely unless and until Korgen chooses to terminate them

19.0

Assignment

19.1

You cannot assign or otherwise transfer the “Terms of Use” or any rights granted hereunder to any third party. Korgen may transfer its rights and obligations under the “Terms of Use” to any third party without the requirement of seeking Your consent.

20.0

Third Party Rights

20.1

Except as expressly provided in the “Terms of Use”, a person who is not a party to this Agreement cannot enforce any of its terms.

21.0

Website Shutdown

21.1

We reserve the sole right to shut down this website or any part thereof, for any reason, at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content and / or user content submitted to this website

22.0

Severability

22.1

If for any reason, any provision of the “Terms of Use” or portion therefore is adjudicated to be illegal, invalid, prohibited or unenforceable under the applicable laws, that provision shall be severable and replaced by a valid and enforceable provision to the maximum extent permitted by the applicable laws, which most closely matches the intent and objectives of the original provision.

22.2

The invalidity or unenforceability of any provisions of this “Terms of Use” and their severance or replacement shall not affect or impair the validity or enforceability of the remaining provisions of this “Terms of Use”, which shall remain in full force and effect.

23.0

Non-Waiver

23.1

Failure or delay by Us to exercise or enforce a right or power under this “Terms of Use” for the strict performance of the same shall not be construed as a waiver of our rights or remedies here under, whether for the past or future actions of any User. Only a specific, written waiver signed by the Authorized Representative of Korgen shall have any legal effect whatsoever.

23.2

Any specific waiver by Us of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. Any single or partial exercise of a right or power by Us shall also not preclude any future enforcement of performance of the other terms and conditions.

24.0

Exclusive Remedy

24.1

If we do not comply with our undertakings under the “Terms of Use”, we shall either correct the non-compliance on being brought to our notice or, at our option, terminate the “Terms of Use” by prior notice posted on the Website. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to our non-compliance.

25.0

Governing Laws and Jurisdiction

25.1

The Website is created, controlled and operated by us from India (Chennai) and unless otherwise specified, the material and services on the Website is offered solely for the purpose of sale in select regions in India where Korgen has operations. Korgen makes no representation that materials in the Website are appropriate or available for use in other locations in India or countries outside India. Those who choose to access the Website from other locations / Countries do so on their own initiative and Korgen is not responsible for supply of products / refund for the products ordered from other locations / Countries other than select locations in India, compliance with the respective local laws, if and to the extent local laws are applicable.

25.2

This “Terms of Use”, other rules and policies contained herein and any of Your usage of Website and Your dealings with the Website shall be governed by and construed in accordance with the applicable laws of India without reference to conflict of laws principles.

25.3

You hereby consent that all claims, differences, disputes or cause of action that may arise under or in connection with or in relation with the Website, this “Terms of Use” and other policies, any transactions entered into on or through the Website and the relationship between You and Korgen shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and fully accept the jurisdiction of such courts.

25.4

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this “Terms of Use” including without limitation this paragraph.

26.0

Arbitration

26.1

All disputes or claims arising between You and Korgen during Your use of the Website or Your dealing with Korgen in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the “Terms of Use” and all the rules and policies posted on the Website, shall be referred to an independent and neutral third-party arbitrator identified by Korgen and subject to The Arbitration and Conciliation Act, 1996 which rules are deemed to be incorporated into this clause, by reference. The place of Arbitration shall be Chennai, India. The language of Arbitration shall be English.

27.0

Translation of the Terms of Use

27.1

Korgen may, in future, provide a translation of the English version of the “Terms of Use” in other languages. You understand and fully agree that any such translation of the “Terms of Use” is only for your convenience and that the English version shall solely govern the terms of your relationship with Korgen. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the “Terms of Use” shall prevail over others.

28.0

Contact Us

Please contact us for any questions or comments regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

  • Mrs.Sujatha Nandhagopal
  • KORGEN Tech Systems
  • Old No.14, New No.4, West Avenue, Off Station View Road,
  • Kodambakkam, Chennai – 600 034.
  • Tamil Nadu, India
  • Ph: +91-44-24811665 | +91-72990 66660
  • Email: legal@korgentech.com
  • Time : Mon - Fri ( 9.30 to 18:00)

29.0

Headings

29.1

The headings and sub-headings of the sections of the “Terms of Use” and the order in which they are inserted are only for convenience and identification and shall not constitute a part here of or affect, in any way, the meaning or interpretation or limit the scope of the “Terms of Use”.

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