Welcome to ORIA Fenestrations (operated by YES Systems Private Limited). By accessing or using the website (oriafenestrations.in) (“Site”) or any services offered through it (the “Services and Solutions”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not accept these Terms, you must not access or use the Site or Services.
3.1 You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations.
3.2 You shall not:
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. We or our associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately.
All content and materials on the Site (including but not limited to text, graphics, logos, images, audio, software) are owned by or licensed to us, and are protected under copyright, trademark, and other intellectual property laws. You may view, download, or print materials only for personal, non-commercial use, and you must maintain all copyright and proprietary notices. You may not reproduce, modify, distribute, republish, upload, post, transmit or otherwise exploit any part of the Site without our express written permission.
When you submit an enquiry (via the “Enquire Now” form) or otherwise provide content (e.g. message, drawings, specifications), you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, process, adapt, publish, transmit, display, and otherwise exploit such submissions for our business purposes (including but not limited to contacting you, preparing proposals, marketing). You represent and warrant you have the rights to submit such content and that it does not infringe others’ rights.
7.1 The Site is provided “as is” and “as available” neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
7.2 We do not warrant that the Site will be error-free, secure, uninterrupted, or that defects will be corrected.
7.3 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Site or Services, including loss of profits, data, goodwill, or business interruption.
7.4 Our total liability for direct damages shall not exceed the amount you have paid (if any) for use of the Services in the last 12 months or INR 10,000 (Ten Thousand Rupees), whichever is lower.
Our Site may contain links to third-party websites or resources. We shall not be responsible for their content, accuracy, policies, practices or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. Your access and use of those sites is governed by their terms, not ours. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
We reserve the right to modify, suspend, or discontinue the Site or Services (or any part thereof) at any time, without notice. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. We may also update or change these Terms; such changes become effective when posted. Your continued use after changes constitutes acceptance. We may also terminate or suspend your access if you breach these Terms, at our sole discretion.
These Terms shall be governed by and construed in accordance with the laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
You agree to defend indemnify and hold harmless us and our employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions which may result in any loss of liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to limited to non-fulfillment of any of your obligations under Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights of a third party. This clause shall survive the expiry or termination of the Terms of Use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and us with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Our failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
These Terms, together with the Privacy Policy, form the entire agreement between you and us relating to your use of the Site.
