Please read this terms of service agreement carefully.
By using this website or ordering products/service from
this website you agree to be bound by all of the terms and
conditions of this agreement.
This Terms of Service Agreement (the "Agreement") governs your
use of this website, www.adkrafts.com (the "Website"), Adkrafts offer of products for purchase on this
Website, or your purchase of products available on this Website or
Service Provide by Adkrafts Private Limited. This
Agreement includes, and incorporates by this reference, the
policies and guidelines referenced below. Adkrafts
Private Limited reserves the right to change or revise the terms
and conditions of this Agreement at any time by posting any changes
or a revised Agreement on this Website. Adkrafts Private
Limited will alert you that changes or revisions have been made by
indicating on the top of this Agreement the date it was last revised.
The changed or revised Agreement will be effective immediately after
it is posted on this Website. Your use of the Website following the
posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. Adkrafts
Private Limited encourages you to review this Agreement whenever you
visit the Website to make sure that you understand the terms and
conditions governing use of the Website. This Agreement does not
alter in any way the terms or conditions of any other written
agreement you may have with Adkrafts Private Limited
for other products or services. If you do not agree to this Agreement
(including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this
Agreement, please click the print button on your browser toolbar.
I. Products
Terms of Offer : This Website offers for sale certain products
(the "Products"). By placing an order for Products through this Website,
you agree to the terms set forth in this Agreement.
Customer Solicitation : Unless you notify our third party call
center reps or direct Adkrafts Private Limited sales reps,
while they are calling you, of your desire to opt out from further direct
company communications and solicitations, you are agreeing to continue to
receive further emails and call solicitations Adkrafts
Private Limited and its designated in house or third party call team(s).
Opt Out Procedure : We provide 2 easy ways to opt out of from future
solicitations. 1. You may use the opt out link found in any email solicitation
that you may receive. 2. You may also choose to opt out, via sending your email
address to: [email protected]
Proprietary Rights : Adkrafts Private Limited
has proprietary rights and trade secrets in the Products.
You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by Adkrafts Private
Limited. Adkrafts Private Limited also has rights
to all trademarks and trade dress and specific layouts of this
webpage, including calls to action, text placement, images and
other information.
Sales/Service Tax : If you purchase any Products or take
Service, you will be responsible for paying any applicable
sales/service tax.
II. 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 IT
Products and Services. Adkrafts Private
Limited does not always create the information offered on
this Website; instead the information is often gathered from
other sources. To the extent that Adkrafts Private
Limited 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. Adkrafts Private
Limited does not endorse the contents on any such third-party websites.
Adkrafts Private Limited 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 : Adkrafts Private Limited 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 Adkrafts Private
Limited or the applicable third party (if third party content is at issue).
Posting : By posting, storing, or transmitting any content
on the Website, you hereby grant Adkrafts Private
Limited a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform,
create derivative works from, distribute, have distributed,
transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world. Adkrafts does not have the ability to control
the nature of the user-generated content offered through the Website.
You are solely responsible for your interactions with other users of
the Website and any content you post. Adkrafts Private
Limited is not liable for any damage or harm resulting from any posts
by or interactions between users. Adkrafts Private
Limited reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content.
Adkrafts Private Limited deems objectionable sole discretion.
III. 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.
Adkrafts Private Limited expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness 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, Adkrafts makes no warranty:
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.
IV. Limitation of Liability
Adkrafts Private Limited entire liability, and your
exclusive remedy, in law, in equity, or otherwise, 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.
Adkrafts Private Limited 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.
V. Indemnification
You will release, indemnify, defend and hold harmless Adkrafts, 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 Adkrafts Private Limited.
When Adkrafts Private Limited is threatened with suit or sued by a third party,
Adkrafts Private Limited may seek written assurances from you concerning
your promise to indemnify Adkrafts Private Limited; your failure to
provide such assurances may be considered by Adkrafts Private Limited
to be a material breach of this Agreement. Adkrafts Private Limited
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
Adkrafts Private Limited choice at its expense. Adkrafts
Private Limited 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
Adkrafts Private Limited against any claim, but you must receive
Adkrafts Private Limited 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.
VI. Privacy
Adkrafts Private Limited believes strongly in protecting
user privacy and providing you with notice of use of data. Please
refer to Adkrafts Private Limited
privacy policy,
incorporated by reference herein, that is posted on the Website.
VII. 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.
VIII. General
Force Majeure : Adkrafts Private Limited will
not be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster,
act of God, war, terrorism, armed conflict, labor strike, lockout,
or boycott.
Cessation of Operation : Adkrafts Private
Limited may at any time, in its sole discretion and without
advance notice to you, cease operation of the Website and
distribution of the Products.
Entire Agreement : This Agreement comprises the entire
agreement between you and Adkrafts Private Limited
and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver : The failure of Adkrafts
Private Limited to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right
or provision. 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 endeavor 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.
Governing Law : This Website originates from the Mohali,
Punjab (India). This Agreement will be governed by the laws of
the State of Punjab without regard to its conflict of law principles
to the contrary. Neither you nor Adkrafts Private
Limited will commence or prosecute any suit, proceeding or claim
to enforce the provisions of this Agreement, to recover damages
for breach of or default of this Agreement, or otherwise arising
under or by reason of this Agreement, other than in courts located
in State of Punjab. By using this Website or ordering Products,
you consent to the jurisdiction and venue of such courts in connection
with any action, suit, proceeding or claim arising under or by reason
of this Agreement. You hereby waive any right to trial by jury arising
out of this Agreement and any related documents.
Statute of Limitation : You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Waiver of Class Action Rights : By entering into this agreement,
you hereby irrevocably waive any right you may have to join claims
with those of other in the form of a class action or similar procedural
device. Any claims arising out of, relating to, or connection with this
agreement must be asserted individually.
Termination : Adkrafts Private Limited reserves
the right to terminate your access to the Website if it reasonably
believes, in its sole discretion, that you have breached any of the
terms and conditions of this Agreement. Following termination,
you will not be permitted to use the Website and Adkrafts
Private Limited may, in its sole discretion and without advance notice
to you, cancel any outstanding orders for Products. If your access to
the Website is terminated, Adkrafts Private Limited reserves
the right to exercise whatever means it deems necessary to prevent
unauthorized access of the Website. This Agreement will survive indefinitely
unless and until Adkrafts Private Limited chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic Use : Adkrafts Private Limited makes
no representation that the Website or Products are appropriate or
available for use in locations outside India. Users who access the
Website from outside India do so at their own risk and initiative
and must bear all responsibility for compliance with any applicable
local laws.
Assignment : You may not assign your rights and obligations
under this Agreement to anyone. Adkrafts Private Limited
may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
By using this website or ordering products from this website
you agree to be bound by all of the terms and conditions of
this agreement.