TERMS OF USE

  1. Introduction

The terms and conditions contained hereinafter (“Terms of Use”) shall apply to your (“you”, your” or “User”) use of the website https://www.wernerfinley.com/ and any other linked pages, images, features and content including any mobile phone application offered from time to time (collectively referred to as "Website") by Werner Finley Private Limited, a company incorporated under the laws of India and having its registered office at No. A-105, IIIMN, Peenya Industrial Area, Peenya II Stage, Bengaluru – 560 058, Karnataka, India (“the Company” or “we” or “our” or “us”).

 

By accessing or using the Website, you acknowledge to have read, understood and you consent to being governed and bound by these Terms of Use and the Privacy Policy (which is available on the Website) and this constitutes a binding and enforceable agreement between you and the Company. If you do not understand these Terms of Use or the Privacy Policy, or do not accept or agree to any part of them, then you are requested to not use the Website.

 

For the purpose of these Terms of Use, wherever the context so requires, the term “you” or “your” or “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of himself/herself or any other legal entity.

It is further clarified that the Privacy Policy, forms an integral part of these Terms of Use and should be read in conjunction.

  1. Changes to the Terms of Use

The Company reserves the right, at its discretion, to change, modify, amend, add or remove portions of these Terms of Use at any time without any prior notice. We recommend that you review these Terms of Use periodically to ensure that you are aware of the current Website usage practices of the Company. Any such changes will be effective immediately. By continuing to use this Website after changes are made, you agree to be bound by the revised/ amended Terms of Use.

  1. Use limitations

The Website is intended solely for personal and non-commercial use by the Users. As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You are expressly and emphatically restricted from all of the following:

  • publishing any Website material or content in any media;

 

  • selling, sublicensing and/or otherwise commercializing any Website material or content;

 

  • publicly performing and/or showing any Website material or content;

 

  • using this Website in any way that is, or may be, cause damage, disruption, overburden or otherwise impair the functioning of the Website;

 

  • using this Website in any way that impacts user access to this Website;

 

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

 

  • using this Website to engage in any advertising or marketing, except as authorized by the Company in writing to select third parties;

 

  • "deep-linking", "page-scraping", use of "robots", "web-spiders", “web-crawlers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its materials and content or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, content or information through any means not purposely made available through the Website; and

 

  • gain or attempt to gain unauthorized access to the Website or any part thereof, 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.

 

  1. Intellectual Property and License to the contents of the Website

 

  • All intellectual property rights in this Website, the designs, graphics, artistic works, brands, content, applications, software, underlying source code and all other aspects of this Website belong to us solely and exclusively, unless specifically mentioned otherwise. You agree not to reproduce, distribute, modify, or create derivative works of any of our content without our prior written consent.

 

  • Any content provided on the Website is owned by the Company. Unless otherwise indicated on the Website, all content provided in the Website is the sole property of the Company and any usage of the same must be according to these Terms of Use. Except as provided in these Terms of Use, you agree not to distribute or provide access to any content of the Website without our prior written approval.

 

  • Subject to your strict and full compliance with these Terms of Use, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to use the Website and its content strictly for your private and personal use and non-commercial viewing.

 

  • Except for the rights to use granted under these Terms of Use, no other rights are granted to you with respect to the Website and its content, either by implication, estoppel, or otherwise.

 

  1. Limitation of Liability

 

  • Any use of the Website is completely at your discretion and we take no responsibility for any loss or damage suffered as a result your use of the Website, except as specifically provided under applicable law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.

 

  • All information and related content on this Website are provided on an "as is" basis without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Website, or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Website, whether or not foreseeable or whether or not the Company 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 of, or access to, the Website. Further, the Company shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the Website by the Company or for any consequences resulting from such actions.

 

  • In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) for or in relation to: (a) loss of use, data or profits arising out of or in any way connected with the use or performance of Website; (b) any delay or inability to use the Website; (c) the provision of or failure to provide any information through the Website; (d) or otherwise relating to the use of the Website; whether or not all of the above losses, claims or damages are based on contract, tort, negligence, strict liability, even if the Company and/or its affiliates and/or its associates have been advised of the possibility of such losses, claims or damages.

 

  1. Termination (Temporary and Permanent Disablement)

 

  • We reserve the right to modify, change, alter or discontinue any aspect of the Website at any time. Unless otherwise provided in these Terms of Use, your right to use of the Website may be terminated/ suspended by the Company without assigning any reasons at any time at the sole discretion of the Company.

 

  • You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website.

 

  • Upon termination/ suspension, you shall not have the right to use or access the Website. Upon any termination, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

 

  1. Governing Law, Settlement of Disputes and Jurisdiction

 

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The User agrees that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bengaluru, India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

 

  1. Indemnity

 

You agree to indemnify us and other persons involved in the creation of this Website for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this Website or any acts committed by you in violation of applicable laws, these Terms of Use and the Privacy Policy. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breach of these Terms of Use or the Privacy Policy.

 

  1. Links to Third Party Websites

 

  • This Website provides links to various websites, applications, services, for your convenience only and we have no control over these third-party websites and/ or applications. Some of the links may be related to the websites, applications and/ or services provided by our affiliate(s). We do not maintain, sponsor or recommend any third-party websites, though the Website may contain advertisements. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinion on third party websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and privacy policies of each such website(s), applications and or service(s).

 

  • This Website is accessed via the World Wide Web, which is independent of the Website. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.

 

  1. Entire agreement

 

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

 

  1. Severability

 

If any of the provisions of these Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of these Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

 

  1. No waiver for breaches

 

Any failure by the Company to enforce these Terms of Use, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.