A - Definition
B - General
You can access the Site, subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of BIAL as set out below. This Agreement is for an indefinite term and You understand and agree that You are bound by such terms till the time You access this site. If You do not agree with any of these conditions, please discontinue access immediately.
C - Rights of BIAL
The Site is owned by BIAL. Access to and use of the Site and the information and services available are subject to the conditions contained herein. BIAL does not endorse any commercial services or advertisements provided in the Site. In addition, BIAL will not participate in the development of any commercial services or advertisements provided in the Site. BIAL will thus not be responsible for the Content or provision of any such commercial services, advertisements or representations in the Site. Users of the Site should make their own decision on whether to use the commercial services provided by advertisers, based on commercial consideration and personal judgment. Users may, as a result of making use of commercial services provided via the Site or responding to advertisements on the Site, receive correspondence from or engage in correspondence with advertisers regarding the promotion and/or the sale or purchase of advertisers' products or services. Any such (a) correspondence; (b) sale or purchase; (c) delivery of and/or payment for such products or services; and (d) associated terms & conditions, warranties or representations are solely between the Users and advertiser. BIAL does not warrant or represent that the commercial services or advertisements provided in the Site are in conformity with the laws of India.
D-Access and Use
Users may download the material on the Site for their personal and non-commercial use, provided that: (a) all copies must bear the relevant copyright, trademark and/or other proprietary notice contained in the Site; (b) Users shall not modify, reformat, copy, reproduce, display, distribute, publish, transmit, post, upload, license, create derivative works from, store in any information retrieval system, transfer in any manner or sell any of the material without BIAL's prior written permission; (c) users shall not insert a hyperlink to the Site on any other website or "mirror" on their own website, the home page or other pages of or materials in this or their respective links without BIAL’s prior approval in writing.
Users shall not use the Site or its links for any purpose that is illegal, unlawful or prohibited. BIAL reserves the right to deny to anyone at anytime access to the Site without notice or need to assign any reason whatsoever.
E-Disclaimer of Representations and Warranties
All Content (including third party information, products and/or services) of the Site are provided on an "as is" and "as available" basis and are subject to change at any time without notice to the users and without representations or warranties of any kind whether express or implied. BIAL disclaims all representations and warranties, express or implied, including but not limited to merchantability, satisfactory quality and fitness for a particular purpose and non-infringement of proprietary rights, title. In particular, BIAL disclaims all representations and warranties that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available is free of virus or other harmful elements. No warranty or representation is given regarding the correctness, accuracy, reliability, completeness, timeliness, performance or fitness for any particular purpose or otherwise of the Content of the Site and BIAL expressly disclaims liability for errors or omissions, whether of a typographical nature of otherwise.
F-Exclusion of Liability
In no event shall BIAL or any of its affiliates or subsidiaries or their directors, employees, agents or representatives be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Site even if BIAL has been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.
G-Links to Third Party Web Sites
The Site to which this is linked may be developed and/or operated by parties other than BIAL. BIAL does not control such websites and is not responsible for their contents. Inclusion of links to these websites does not in itself constitute or imply any endorsement, sponsorship or recommendation of the material on such websites by BIAL or any association of BIAL with their owner and/or operators (unless expressly stated otherwise). Any third party who wishes to establish links to the Site should seek BIAL's approval in writing prior to doing so. BIAL reserves the right to deny permission for any such link without the need to assign any reason. If permission is given, BIAL is not under any obligation to establish reciprocal links.
All feedback given to BIAL including questions, comments, suggestions or the like, regarding or in response to the content of the Site shall be deemed to be non-confidential. BIAL shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such feedback. BIAL shall not be subject to any obligation of confidentiality with respect to such feedback and shall be free to reproduce, use, disclose and distribute the content of the same to others without limitation.
I-No License Granted
Nothing contained in the Site nor the permission to access or use the Site shall be construed as conferring any license or other rights in respect of the intellectual property rights or proprietary rights of BIAL, its affiliates or subsidiaries, whether by estoppel, implication or otherwise.
L-Governing Law and Jurisdiction
This Term of Use is governed by and shall be interpreted in accordance with the laws of India. All disputes and differences arising out of or in any way touching or concerning this disclaimer and/or use of the Site shall be referred to the sole arbitration of a person to be appointed by the President of BIAL. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration and Conciliation Act, 1996 shall be applicable to such arbitration. You accept the appointment of the sole arbitrator by the President of BIAL and irrevocably waive any objection to the same. It will be no bar that the Arbitrator appointed as aforesaid is or has been an employee of BIAL and the appointment of the Arbitrator will not be challenged or be open to question in any Court of Law, on this account.
In other respects, Bangalore courts will have exclusive jurisdiction.
In the event that the laws of the jurisdiction You are in do not permit or impose restrictions on the access to the contents of the Site, you shall immediately discontinue access or comply with such restrictions (as the case may be).
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