A. General Terms and Conditions of Use
- This Website is solely and exclusively owned and operated by Luxor Infrastructure Private Limited (hereinafter referred to as “LIPL“). LIPL is the original owner and author of the website www.www.ensaara.co.in (hereinafter referred to as the “Website”) and all its contents.
- Please read the terms and conditions of the website carefully, prior to its use. By using this Website, you signify your consent and no-objection to all the terms and conditions of such use.
- All the material found on this Website is protected under the copyright, trademark and intellectual property laws of India more particularly the Copyright Act, 1957 and the Trade Mark Act, 1999.
- Certain names, words, titles, phrases, logos, icons, graphics or designs on this website may constitute trade-names, trade-marks or service marks of LIPL or its affiliates, and/ or LIPL or its affiliates may hold a license to use them.
- You are free to download the material posted on this website for your non-commercial personal use and only, to store it temporarily on a single computer, and to print it solely for your own personal purposes, (hereinafter referred to as the “downloaded content”) provided that you keep intact all copyright and other intellectual property rights of LIPL. In doing so you agree, declare and confirm that you do not acquire any ownership rights in any such downloaded content.
- You shall not distribute copies of the downloaded material for any purposes or use it in any form directly or indirectly on site created or operated by you or any third party. You agree to abide by all copyright notices, information contained and restrictions imposed by this website.
- Any unauthorised downloading, transmission, re-publication or any other mode of copying or modification of material posted on this website, including trademarks, trade names and service marks, may render you liable for civil, criminal or other legal proceedings entirely at your own risk as to costs and consequences thereof. LIPL reserves the right to take legal action against any illegal or unauthorised use of the trade-names, trademarks and images of LIPL and its affiliates found on this website.
- The use of any such downloaded material on any other website or networked computer environment is strictly prohibited and shall render you liable for civil, criminal or other legal proceedings entirely at your own risk as to cost and consequences thereof
B. Disclaimer and Warranties
- LIPL has provided the information on this website for the use of its clients, prospective clients and other parties interested in the LIPL Project. The information, material and software algorithms contained in this website or which may be downloaded from this website, including text, graphics and hyperlinks, are provided on an ‘as is’ and ‘as available’ basis and you shall not hold LIPL liable or responsible for the contrary. LIPL its affiliates, officers, employees, agents, partners and licensors do not warrant the accuracy, adequacy or completeness of software algorithms and expressly disclaims liability for errors or omissions in any software algorithms.
- The information and material contained in this website are believed to be accurate and complete at the time of their posting. Although LIPL attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and LIPL does not warrant their accuracy, completeness and currency at all times.
- No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given by LIPL in conjunction with the information, materials and software algorithms.
C. Exclusion of Liability
- You shall in no event hold LIPL liable or responsible for any damages, including without limitation, direct or indirect, punitive ,special, incidental, moral or consequential damages,(including but not limited to any business interruption or loss of profits or savings, loss of opportunities or information) whether in contract, negligence, tort, strict liability or otherwise or for expenses arising in connection with this website, any software algorithms available on this website, nor with any hyperlinked website or for the use of or the inability to use such material, software algorithms or hyperlinked website by interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if LIPL is advised of the possibility of such damages, losses or expenses.
- Software algorithms and downloading hyperlinks made available on the Website and which link it to other Internet resources are at available for viewing entirely at your own risk. The content, accuracy, opinions expressed and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by LIPL and you shall not hold us liable or responsible for the same.
D. Links to Third Party Websites
- LIPL does not control any third party website and is therefore not liable or responsible for the content of any linked website or any link contained in a linked website. LIPL provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by LIPL of the linked website or any information or contents contained in it.
E. Unlawful or Illegal use Restricted and Prohibited on the Website
- As a condition of your use of this website, you represent, warrant and assure to LIPL that you will not use this website for any purpose that is illegal, unlawful, immoral or prohibited by these terms, conditions, and notices.
- Although LIPL may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this website, LIPL is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website.
- You are restricted and prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil or criminal liability, or otherwise violate any laws of India.
- LIPL shall fully cooperate with any law enforcement authorities or court order requesting or directing LIPL to disclose the identity of anyone posting any such information or materials
F. Modification and Termination
- LIPL reserves the right in its sole and absolute discretion at any time and for any reason with or without prior notice to you, to -
(a) modify or discontinue, in whole or in part, any portion of the Website, the content, hours of availability and/or your access to the Website, and
(b) to modify, amend and alter these terms and conditions of use.
- These terms and conditions of use (as may be revised from time to time as described herein above) are valid, subsisting and binding upon you and, unless otherwise expressly stated in these terms and conditions of use, these terms and conditions of use will survive the termination of your access to, and use of, the Website.
- If you object to any of the terms and conditions of use, or any subsequent modifications thereto, your only recourse is to immediately discontinue your use of the Website and you agree, confirm and undertake not to raise any dispute in respect of the same.
G. Force Majeure
Neither LIPL nor any of our affiliates are liable for losses caused directly or indirectly by any non-performance caused as a result of events beyond the control of LIPL including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All the obligations of LIPL with respect to the effected elements under these terms and conditions of use will be suspended for the duration of such Force Majeure Event.
- These terms and conditions of use represent the complete and exclusive agreement and understanding between you and LIPL regarding your rights to access the Website and to use the content, and supersedes all agreements writings, understanding which you may have with, and all representations (whether written or oral), regarding such subject matter.
- If any term or provision of these terms and conditions of use are deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
- LIPL’s failure to insist at any time upon strict compliance with any term of these terms and conditions of use, or any delay or failure on our part to exercise any power or right given to us in these terms and conditions of use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.
- All rights and remedies given to LIPL in these terms and conditions of use are cumulative and not exclusive of any other rights or remedies which LIPL otherwise has at law, equity or under this Agreement.
- The terms and conditions of use will be binding upon you and your successors-in -title and assigns or in-case of an individual upon your heirs, executors and administrators…
- Any and all headings in the text of these terms and conditions of use are solely for convenience or reference and do not constitute a part of these terms and conditions of use, nor do they affect the meaning, construction or effect of these terms and conditions of use.
- The terms “including” and “includes” as used in these terms and conditions of use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as “including, but not limited to” or “includes, but not limited to.”
- LIPL may assign or delegate its rights, duties or obligations under these terms and conditions of use without your prior consent. However, you shall not assign or transfer your user id to a third party without the prior written consent of LIPL
- These terms and conditions of use are in addition to, and do not nullify, any other agreement between you and LIPL governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website.