TERMS AND CONDITIONS WERE LAST MODIFIED AND ARE EFFECTIVE AS OF APRIL, 2016.
WELCOME TO OUR WEBSITE. THE TERM NEW MALWA AGRITECH CORPORATION OR ‘US’ OR ‘WE’ REFERS TO THE OWNER OF THE WEBSITE WHOSE REGISTERED OFFICE IS AT G-7, RITURAJ COMPLEX, NR. BENGALI CLUB, INDRA CHOWK, INDORE-452 001, MADHYA PRADESH, INDIA. OUR COMPANY REGISTRATION NUMBER IS 230261105761 PART-II BHOPAL. THE TERM ‘YOU’ REFERS TO THE USER OR VIEWER OF OUR WEBSITE. THE CONTENT OF THE PAGES OF THIS WEBSITE IS FOR YOUR GENERAL INFORMATION AND USE ONLY. IT IS SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU CONTINUE TO BROWSE AND USE THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH TOGETHER WITH OUR PRIVACY POLICY GOVERN NEW MALWA AGRITECH CORPORATION’S RELATIONSHIP WITH YOU IN RELATION TO THIS WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
New Malwa Agritech Corporation ("New Malwa Agritech Corporation", "we", "our" or "us") provides various Internet website and these terms and conditions ("Terms of Conditions") represent a legally binding agreement between you and us regarding your use of our Website. These Terms and Conditions include our Privacy Policy and any other terms and conditions that we notify you of when you use or attempt to use our Website ("Additional Terms") all of which are incorporated by reference and form a part of our Terms and Conditions for all purposes. Our Website include all web pages within our Website and also include backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Websites, individually and/or collectively as "Content" and when we use the term "Website" it also includes Content unless we specifically say otherwise. We will refer to users of our Website, our features, functions and services individually and/or collectively as "users", "you" or "your" to make reading these materials easier. When you see the word "use" or "using" we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Websites if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things. By using our Website you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use all of our Websites, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
QUALITY
Any Product shall conform with any specification or description set out in New Malwa Agritech Corporation literature published in relation thereto as current from time to time. Product will be fit for the purpose set out in New Malwa Agritech Corporation literature and not for any other purpose whatsoever and all other warranties (express or implied), terms or conditions are expressly excluded. We cannot guarantee anything in any sort whatsoever other than uniform quality of the product since the use of the product is beyond our control.
TERMS AND CONDITIONS AND WEBSITE CHANGES
We reserve the right to add to, delete or modify these Terms and Conditions as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use any of our Website after the changes become effective, it means you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms and Conditions that may apply to you.
PRIVACY
We respect your privacy. The New Malwa Agritech Corporation Privacy Policy is incorporated into and forms a part of these Terms and Conditions and is part of our agreement with you. Please read it carefully since it describes, among other things, how we collect and use information obtained when you use our Website.
OWNERSHIP AND USE OF NEW MALWA AGRITECH CORPORATION WEBSITE AND CONTENT
We maintain our Website for your information. Our Website and, except as described below, all Content, is either the property of New Malwa Agritech Corporation, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, " New Malwa Agritech Corporation Entities"), and are legally protected, without limitation, under Indian state laws and regulations, as well as laws, regulations and treaties (whatever applicable). To avoid any doubt, when the word "Content" is used it includes, but isn't limited to, such things as software, text, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectable elements of any and all of our Websites.
Except as set forth in the Unsolicited Suggestions: They Become Ours and We Have No Obligation to You section below, you keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or any of our Website, you are giving us and the New Malwa Agritech Corporation Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content ("license") and you are representing and warranting to us you have the right to give us and the New Malwa Agritech Corporation Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content. You cannot use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices; even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
UNSOLICITED SUGGESTIONS: THEY BECOME OURS AND WE HAVE NO OBLIGATION TO YOU
New Malwa Agritech Corporation likes to hear from consumers and professionals about what they think about our products and we encourage you to contact us. However, we do not accept, evaluate or consider trade enquiries, promotional offers, unsolicited ideas, materials, concepts, information, content or suggestions of any kind ("Unsolicited Suggestions"), including, but not limited to, those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstanding and dispute, since your Unsolicited Suggestion may seem similar to products, services or activities we undertake or commission, even those previously considered or currently under consideration and whether we implement them or not. As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestions. Please do not submit, post or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings or don't read or attempt to understand them) you are agreeing we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestions you submit for any purpose, anytime and anywhere in the world and we will also have the right to modify or re-purpose or do anything or refrain from doing anything with such Unsolicited Suggestions, free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion you submit. You should consult with your own independent legal advisors concerning your rights or if you are not clear whether anything you wish to submit to us might be covered by the Unsolicited Suggestion policy and terms above. If, after consultation with your attorney, you believe you have rights to legally protected and proprietary intellectual property which is not covered by the Unsolicited Suggestion policy and terms above, you (or your attorney) can contact us at: New Malwa Agritech Corporation G-7 Rituraj Complex Indore, M.P., INDIA If you are not sure about your rights, consult your legal advisor before submitting anything to us.
USE OF WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. New Malwa Agritech Corporation does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that New Malwa Agritech Corporation does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. New Malwa Agritech Corporation does not endorse the contents on any such third-party websites. New Malwa Agritech Corporation 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. Use of Website; New Malwa Agritech Corporation is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from New Malwa Agritech Corporation or the applicable third party (if third party content is at issue).
Our Website may allow you to send enquiries, register, and may also enable you to submit, provide, transmit, exchange, communicate and display Content (a "Posting"). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting will not violate any law or regulation, these Terms and Conditions or the right of others. By Posting you represent and warrant that: (a) the Posting is original to you or fully cleared for use as contemplated herein; (b) the Posting does not and will not, in any way, violate any of the terms of this agreement; (c) the Posting does not contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; and (d) the Posting is not obscene, vulgar, harteful or in any manner unlawful. Unless explicitly stated otherwise, Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any Content on our Websites violates any of these Terms and Conditions, please click here to contact us. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such information. Your Posting and any Posting made by someone else under your account, user identification, log-in, password or email is your responsibility and unless and until you notify us that you know or suspect the security of your account, user identification, log-in, password or email may have been compromised you will defend and indemnify New Malwa Agritech Corporation for any such Postings as set forth in the Indemnification section below. Please notify us immediately if you suspect someone is using your registration, user identification, log-in, password or email address.
RIGHT TO TERMINATE
We have the right to discontinue, suspend or terminate your use of our Website at any time, including any time we determine, in our sole judgment, you or your use of our Website, your Content or any Posting you make may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse to allow you further Posting; (b) remove, modify, re-format or delete your Posting; (c) revoke your right to use the Websites; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
LINKS TO OTHER WEBSITES
If you see or use any links or conduits on our Website which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that New Malwa Agritech Corporation is associated with or has endorsed, reviewed or even knows anything about that site or page and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Website, even if a link on our site allowed you to do so. When you leave our Website, you should confirm the terms and conditions, privacy and other policies that apply to you since New Malwa Agritech Corporation neither controls, nor has any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another web site or web page has the New Malwa Agritech Corporation name, logo or other identification normally associated with us, it may or may not be authorized by us and you should not assume it is a New Malwa Agritech Corporation Website, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.
IMAGES
All the images shown are the property of New Malwa Agritech Corporation. The product shown in the website are for representation only. Colours, Shape, Size may vary.
TRADEMARKS
The trademarks, logos, service marks, trade names, graphics, designs, copyrights, house mark, mark of ownership, unregistered mark, service name, package shapes, colour schemes, styles of labelling, emblems, registered and unregistered designs, retail and other formats, slogans, signage, communications materials and other properties (collectively the "Trademarks") displayed on New Malwa Agritech Corporation's website are protected intellectual properties that are registered and unregistered Trademarks. Nothing contained on New Malwa Agritech Corporation's website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of New Malwa Agritech Corporation or such third party that may own the Trademark displayed on New Malwa Agritech Corporation's website. Your misuse of the Trademarks displayed on New Malwa Agritech Corporation's website, or any other content on New Malwa Agritech Corporation's website, except as provided herein, is strictly prohibited. This is a current listing of India trademarks that are filed (approval pending) licensed to New Malwa Agritech Corporation. Those trademarks followed by ® are registered trademarks licensed to New Malwa Agritech Corporation*;
ASTRA-100®
AMINO+®
BIO UPCHAR®
BACTICIN®
COPMIN®
BIO INTERKILLER®
BORDOX+®
COPMIN®
MULTIMIN®
NEEMARK®
SULFOMIN®
SULFOZYME®
SUPERBOR®
VIROCIN®-H+
WETMIN®
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW MALWA AGRITECH CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEW MALWA AGRITECH CORPORATION MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NEW MALWA AGRITECH CORPORATION ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE. NEW MALWA AGRITECH CORPORATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless New Malwa Agritech Corporation, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to New Malwa Agritech Corporation. When New Malwa Agritech Corporation is threatened with suit or sued by a third party, New Malwa Agritech Corporation may seek written assurances from you concerning your promise to indemnify New Malwa Agritech Corporation; your failure to provide such assurances may be considered by New Malwa Agritech Corporation to be a material breach of this Agreement. New Malwa Agritech Corporation will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of New Malwa Agritech Corporation choice at its expense. New Malwa Agritech Corporation will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend New Malwa Agritech Corporation against any claim, but you must receive New Malwa Agritech Corporation prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY
New Malwa Agritech Corporation believes strongly in protecting user privacy and providing you with notice of New Malwa Agritech Corporation's use of data. Please refer to New Malwa Agritech Corporation privacy policy, incorporated by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
CONTACT US
If you have any questions about our Terms and Conditions, please contact us.
© New Malwa Agritech Corporation, 2016. All Rights Reserved.