Introduction
RHI Magnesita India Limited (”RHI”, “we ”, “us”, or “our”) owns and operates the website located at www.rhimagnesitaindia.com (the “Website”).
The use of our Website (access, storage, printing) is only permissible under the following conditions:
Ownership rights and copyright
If not specified otherwise, the ownership rights and copyright for information and documents provided on the Website lie exclusively with us. RHI is the sole and exclusive owner of all right, title and interest in and to the Website and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other information, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. RHI complies with the provisions of the Copyright Act, 1957, its respective rules and regulations alongwith amendments made from time to time (“Copyright Act”) and the IT Act applicable to any person who distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic copyrights management information has been removed or altered without authority or circumvents an effective technological measure applied for the purpose of protecting any of the copyrights, with the intention of infringing such rights, further the sections also provide for monetary and penal penalties for such infringement. Use of the Website, of associated webpages, documents and data, is only permitted for personal information purposes or for private use. Usage beyond this, especially incorporation, storage or reproduction of the content in other websites, in other electronic, digital or other media or systems, as well as any copying, processing or commercial use, require explicit prior permission in writing.
Currentness and correctness
We apply the required care in business operations to ensure that the information on the Website is correct and current. We do not guarantee availability, completeness, correctness or currency. We also reserve the right to carry out changes or additions to the provided information without prior notice. We assume no guarantee or liability for any direct or indirect damages in connection with any use of the Website.
Brand rights
All trademarks, logos, images etc. used and shown on the Website and the associated brand, usage and copyright rights are owned exclusively by us or the indicated rights owner. Use of these, regardless of the presence of a corresponding indication such as ©® oder ™, is explicitly prohibited.
Prohibited Use
Downloading and/or use of the image data available on the Website is fundamentally prohibited. The use of image data is permissible exclusively for media purposes and only image data that has been provided by us in the download area of the Website is to be used for this purpose. You agree that you will not, and will not attempt to: (a) impersonate to any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Website or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our website, or any other system, device, or property; (e) access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website, Services or related materials in any way; (g) use or access the Website to create or develop competing products or services or for any other purpose that is to RHI’s detriment or commercial disadvantage; (h) take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by RHI or any of our service providers to protect our Website; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our website; (l) use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to RHI or third-party content from the Website; (n) otherwise use the Website in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
Share trading
None of the information contained on the Website or in associated documents and files is or is intended to represent a solicitation to purchase or trade with shares of RHI Magnesita India Limited.
Links to third-party providers
Links to other websites/Internet offers are not to be understood as a recommendation by us for the respective enterprise, its products or services. The respective operators have exclusive responsibility for the contents of their websites. We assume no liability for websites of other providers, nor for the information available on these. Users use the connections to such websites and their content at their own risk and according to the applicable usage conditions. We are providing these links to third party providers to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the third party or third party links or any association with its operators. Your use of these third party linked websites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to such third party linked website. You may have arrived to the Website through a third party website, including a website controlled by a parent, subsidiary or affiliate of RHI and/ or our Global website www.rhimagnesita.com, You understand and agree that we are not responsible for the information, products or services described on those websites and only these Use of Website will apply to your use of or access to the Website.
Non-personal data
If it does not involve personal data, every user of the Website who thereby provides us with data agrees that we receive unrestricted rights to this information and can use it in any form. The information provided by the user is not subject to any confidentiality obligation.
Legal claims
Please read this section carefully because it requires you and RHI to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from RHI.
Any dispute arising under or relating in any way to these Use of Website will be resolved exclusively by final and binding arbitration in Haryana, India under the rules and regulations of the Arbitration and Conciliation Act, 1996 and the amendments and modifications made thereunder from time to time, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in the courts of Haryana, India. The seat and venue of arbitration shall be Haryana, India and the arbitration proceedings shall be conducted in the English language. All legal claims arising in connection with the Website and its use are subject exclusively to Indian law without giving effect to the principles of conflict of laws. The place of exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim is the responsible court in Haryana, India.
Severability Of Provisions
All parts of these Use of Website apply to the maximum extent permitted by law. RHI and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Use of Website will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Termination
The Use of Website will remain in full force and effect as long as you continue to access or use the Website or Services. You may terminate the Use of Website at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Use of Website. RHI may terminate or suspend any of the rights granted by these Use of Website and your access to and use of the Website or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Use of Website for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Legal Claims; Severability of Provisions; No Waiver; and Assignment. Subject to applicable law, RHI reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After such termination, RHI will have no further obligation to provide the Services. You agree that if your use of the Services is terminated pursuant to these Use of Website, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold RHI harmless from any and all liability that RHI may incur, therefore.
Disclaimer of warranties
You expressly agree that use of the website is at your sole risk. You acknowledge and agree that the website and any services are provided through the website on an “as is” and “as available” basis. RHI and its affiliates, officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the website and services including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. We make no warranties or representations that your use of the website or services will not infringe the rights of third parties. To the fullest extent of applicable law, neither RHI nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the website. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the website. Furthermore, RHI does not guarantee that the website will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and RHI disclaims any liability relating thereto. You understand and agree that any content, material and/or information obtained through the use of the website are used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information.
Limitation Of Liability
You understand that to the extent permitted under applicable law and except as set forth in this section, in no event will RHI, its related persons or licensors be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute or otherwise, including, but not limited to, any indirect, incidental, special, consequential, injunctive or punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use or data, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the website or any services provided through the website, or other intangible losses arising out of or related to your use of the website. This is true even if RHI or related persons have been advised of the possibility of such damages or losses. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless RHI and its affiliates, subsidiaries, directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Website in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Use of Website.
No Waiver
No waiver by RHI of any term or condition set forth in these Use of Website shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by RHI to assert a right or provision under these Use of Website shall not constitute a waiver of such right or provision.
No Agency Relationship
Neither these Terms of Use, nor any information, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation, or threatened violation, by you of these Use of Website constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment
You may not assign any of your rights under these Use of Website, and any such attempt will be null and void. RHI and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Use of Website if some or all of the business of RHI is transferred to another entity by way of merger, sale of its assets or otherwise.