TERMS OF SERVICE AGREEMENT


PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE OR BY CONTACTING US, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, [www.duflon.com] (the "Website"). This Agreement includes and incorporates by this reference, the policies and guidelines referenced below. DuFlon reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this website.

DuFlon will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately from the date of the terms of service agreement or its revision, if any. Your use of the website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. DuFlon encourages you to review this Agreement whenever you visit the website to make sure that you understand the terms and conditions governing use of the website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with DuFlon for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRODUCTS

Terms of Offer This website offers for sale certain products (the "Products"). By placing an order for Products through this website or by contacting us, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify us directly to DuFlon’s Sales & Marketing representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations DuFlon’s and its designated in house call team(s).

Opt Out Procedure:

We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: info@duflon.com .
3. You may send a written remove request to info@duflon.com.

Proprietary Rights

DuFlon has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or re-distribute any Product manufactured and/or distributed by DuFlon. DuFlon also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Goods and Service Tax (GST)


If you purchase any Products from DuFlon, you will be responsible for paying applicable GSTM.

II. WEBSITE

Content, Intellectual Property, Third Party Links:

In addition to making Products available, this website also offers information and marketing materials. This website also offers information, both directly and through indirect links to third-party websites, about fluoropolymer and machined casting products. DuFlon does not always create the information offered on this website instead; the information is often gathered from other sources. To the extent that DuFlon does create the content on this website, such content is protected by Intellectual Property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You may acknowledge that your use of the content on this website is for personal or noncommercial use. Any links to third-party websites are provided solely as a convenience to you. DuFlon does not endorse the contents on any such third-party websites. DuFlon is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: DuFlon is not responsible for any damages resulting from use of this website by anyone. You will not use the website for illegal purposes.

You will:
1. Abide by all applicable local, state, national, and international laws and regulations in your use of the website (including laws regarding intellectual property)
2. Not interfere with or disrupt the use and enjoyment of the website by other users
3. Not resell material on the website
4. Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication
5. Not defame, harass, abuse, or disrupt other users of the website
6. Not copy, download, save any product, materials, logos, trademarks, content, text and such other information from the website, which is the property of DuFlon

License:
By using this website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the website in connection with your normal, noncommercial use of the website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from DuFlon or the applicable third party (if third party content is at issue).

Posting:
By posting, storing, or transmitting any content on the website, you hereby grant DuFlon a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.

DuFlon does not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post. DuFlon is not liable for any damage or harm resulting from any posts by or interactions between users. DuFlon reserves the right, but has no obligation to monitor interactions between and among users of the website and to remove any content DuFlon deems objectionable, in DuFlon's sole discretion.

III. DISCLAIMER OF WARRANTIES

The contents of the DuFlon website are provided “as is,” “as available”. DuFlon and its affiliates disclaim all warranties and representations of any kind, whether express or implied, including but not limited to warranty of title, noninfringement of third-party rights, merchantability, fitness for a particular purpose and freedom from computer virus.

In no event will DuFlon be liable for any damages, including but not limited to direct, indirect, special, incidental or consequential damages, losses or expenses resulting from whatever cause, whether in an action based on contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use or performance of the information on or accessed through www.duflon.com, even if DuFlon has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties in certain situations, so the foregoing disclaimer may not apply to you, either entirely or in part.

IV. LIMITATION OF LIABILITY

You agree that you assume full responsibility for your use of our Services and that DuFlon’s liability to you and any party is limited as follows:

• Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results of use of our Services, or any Materials contained in any or all such Services (including without limitation, those caused by or resulting from a failure of performance, error, omission, linking to Linked Sites, interruption; deletion, defect, delay in operation or transmission, computer virus, communication line failure, or destruction of, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages.

• We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of DuFlon and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to you for any claim under these Terms, whether in contract, tort, or otherwise, is Rs. ________.

• If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.

V. INDEMNIFICATION

You will release, indemnify, defend and hold DuFlon harmless, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

1. This Agreement or the breach of your warranties, representations and obligations under this Agreement
2. The website content or your use of the Website content
3. The Products or your use of the Products (including Sample Products)
4. Any intellectual property or other proprietary right of any person or entity
5. Your violation of any provision of this Agreement
6. Any information or data you supplied to DuFlon.

When DuFlon is threatened with suit or sued by a third party, DuFlon may seek written assurances from you concerning your promise to indemnify DuFlon.Your failure to provide such assurances may be considered by DuFlon to be a material breach of this Agreement. DuFlon will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of DuFlon choice at its expense. DuFlon will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend DuFlon against any claim, but you must receive prior written consent from DuFlon regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

DuFlon believes strongly in protecting user privacy and providing you with notice of DuFlon's use of data. Please refer to DuFlon’s privacy policy, incorporated by reference herein, that is posted on the Website.

VI. AGREEMENT TO BE BOUND

By using this Website, you acknowledge that you have read and you agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL


Force Majeure:
DuFlon will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation:
DuFlon may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement:
This Agreement comprises the entire agreement between you and DuFlon and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver:
The failure of DuFlon to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law and Jurisdiction:

This Website originates from [Maharashtra]. This Agreement will be governed by the laws of the State of [Maharashtra] without regard to its conflict of law principles to the contrary. Neither you nor DuFlon will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within ________ months after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights:

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination:

DuFlon reserves the right to terminate your access to the Website if it reasonably believes, its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website. If your access to the Website is terminated, DuFlon reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until DuFlon chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use:
DuFlon makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. DuFlon may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS OR BY CONTACTING US YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.