Effective Date: 08th April 2022
This is a legal and binding agreement between you, the user (“you” or “your” or “Users”) of the Services (as defined below) and Emerald Worldwide Connections Private Limited, a limited company organized under the laws of India (“EWCPL”, “us,” “we,” or “our”) stating the terms that govern your use and access of the EWCPL official website located at https://emeraldwwc.com/ and the Ceramic and Bath India Show official website located at https://cbisexpo.com/ (Collectively the “EWCPL Websites”) any and all text, graphics, images, audio, video, information and other materials available through the Website (together “Content”), functionality, and the services offered on and through the Website (“Services”)
By using our website, you accept these General Terms in full. If you do not agree with these General Terms or any part thereof, you must not use the EWCPL Websites. If you register with our website we will ask you to expressly agree to these General Terms.
Changes to the Terms
We may modify these General Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our publishing of the revised General Terms on the EWCPL Websites. You agree to be bound by and changes to these General Terms when you use the EWCPL Websites and Services after any such modification is posted on the EWCPL Websites. It is therefore important that you review these General Terms regularly to ensure you are updated as to any changes.
We endeavour to ensure that this Website is available 24 hours a day but shall not be liable if for any reason the EWCPL Websites are not unavailable at any time for any period of time. EWCPL cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as it reasonably can. Your access to the EWCPL Websites may occasionally be restricted to allow for repairs or maintenance. EWCPL will attempt to restore the service as soon as it reasonably can.
Viruses and Malware
EWCPL recommends that you install appropriate defences against viruses and other malware before you access or download any information from the EWCPL Websites. EWCPL shall accept no liability for any virus or malware contracted a result of visiting the EWCPL Websites and will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus or malware on the EWCPL Websites.
Your Use of The Service
When you use any of the EWCPL Website’s, you are agreeing and representing to us that:
a. Your use of the EWCPL Website’s shall not violate any applicable law or regulation.
b. All registration information (if requested) you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
c. If an account is permitted to be created on any of the EWCPL Website’s, then You are responsible for all activity that occurs under your account. Unless otherwise permitted by EWCPL in writing, you may only possess one account. You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
d. Your use of the EWCPL Website’s, or its content is only for personal purposes. Your personal and non-commercial use of the Website prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the EWCPL Website’s, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
e. You shall not access or use the EWCPL Website’s in any manner that may be harmful to the operation of the EWCPL Website’s or its content.
f. You shall not use any product or service available on the Website for commercial purposes, or use the Services in any way that is unlawful, or harms EWCPL or any other person or entity.
g. You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the EWCPL Website’s or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the EWCPL Website’s.
h. You will not delete or modify any content of the EWCPL Website’s, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.
i. Your use of the EWCPL Website’s shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the EWCPL Website’s following such Updates would mean deemed acceptance by you of the same.
j. You specifically understand and agree that by using any of the EWCPL Website’s you authorize EWCPL to contact you for any follow up calls in relation to the Services provided through the EWCPL Website’s and for offering or inviting your interest in availing any other product or service offered by the EWCPL Website’s. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the EWCPL Website’s and expressly waive any registration or preference made under DND list under the applicable TRAI regulations.
k. You agree and authorize EWCPL to share your information, with its group companies, vendors, partner banks/financial institutions, service providers of EWCPL and other third parties, in so far as required in connection with the Services selected by you or generally otherwise.
Whilst EWCPL makes every effort to keep the materials and information on the EWCPL Websites accurate, we disclaim any warranty or representation, expressed or implied about the material’s and/or information’s (or the EWCPL Websites) accuracy, completeness or appropriateness for a particular purpose. Thus, by using the EWCPL Websites you assume full responsibility for using the materials and information available via the EWCPL Websites and you understand and agree that neither EWCPL nor its suppliers nor any of its employees is responsible or liable for any claim, loss, damage, costs or expenses resulting from its use.
We make no promise that materials on the EWCPL Websites are appropriate or available for use in locations outside India and accessing this Website from territories where its contents may be illegal or unlawful is prohibited. If you choose to access this site from locations outside India, you do so on your own initiative and are responsible for compliance with local laws.
Linking to Our Website
You may link the EWCPL Websites, upon prior written intimation to us, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you wish to make any use of Content available on any of the EWCPL Websites, please address your request to firstname.lastname@example.org
Links to Other Sites
Where any of the EWCPL Websites contains links to other sites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit via any of the EWCPL Websites.
Disclaimer of Warranties
The Content and the Services are provided “as is” and we hereby disclaim all warranties, either express or implied, including but not limited to implied warranties/conditions of accuracy, merchantability and fitness for a particular purpose or any other warranties or conditions implied by applicable law, with respect to the Content and the Services. We do not warrant or undertake that the Services or any other materials provided pursuant to these General Terms will meet your requirements or that they or their access or use will be uninterrupted, free from viruses, bug or error or completely secure. Except as expressly provided in these General Terms, the entire risk as to the products, the Services and any other materials provided by EWCPL is with you, including for quality and performance and for accuracy or quality of any information transmitted, received or otherwise delivered via the Services.
All information provided to you through the Services, Content or on the EWCPL Websites is provided only as of the date published, and may be superseded by subsequent events or for other reasons.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EWCPL HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EWCPL’S CUMULATIVE LIABILITY TO YOU EXCEED ONE THOUSAND RUPEES (RS. 1000.00).
You shall indemnify and hold us harmless from and against any and all losses, damages (actual and consequential), settlements, liabilities, costs, charges, assessments and expenses (including legal and other professional fees), arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these General Terms or any other actions connected with your use of the EWCPL Websites, Service or Content. In the event of such claim, we will endeavor to provide notice of the claim, suit or action, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Intellectual Property Rights
In agreeing to these General Terms, you also agree that the rights in the EWCPL Websites, Content and Services, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these General Terms and any separate agreement.
Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name (“Trademarks”) of EWCPL, its affiliates or other entities that have granted EWCPL the right and license to use such Trademarks and may not be used or interfered with in any manner without the express written consent of EWCPL. Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of any the EWCPL Websites in any way without EWCPL’s prior written permission or that of an appropriate third party. Except as expressly provided herein, EWCPL does not grant to You any express or implied rights to the Intellectual Property of EWCPL or that of any third party.
When you upload, submit, store, send or receive content that may include feedback to or through any of the ECWPL Website’s, you give EWCPL, a worldwide, perpetual license to use, host, store, reproduce, modify such content. This license shall not revert to you even if it is not used by EWCPL. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the ECWPL Website’s / the Services. This license continues even if you stop using any of the ECWPL Website’s / Services.
Our failure to exercise or enforce any right or provision of these General Terms shall not operate as a waiver of such right or provision.
If any provision of these General Terms is judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect of the remainder of the provisions.
These General Terms shall be governed in all respects by the laws of India.
We encourage you to contact us directly if you have any concerns with respect to the operation of the EWCPL Websites or our Service.
However, if you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these General Terms. You agree that prior to initiating any formal proceedings against EWCPL, you will send a notice to our legal Department at email@example.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these General Terms.
Except where our dispute is being resolved pursuant to an arbitration (as provided below), you agree that any claim or dispute you may have against EWCPL must be resolved exclusively by a court located in Mumbai, India. You agree to submit to the exclusive personal jurisdiction of the courts located in Mumbai India (and, for the avoidance of doubt, to exclude the jurisdiction of any other court, anywhere in the world) for the purpose of litigating all such claims or disputes.
If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded herein) will be finally and exclusively resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Mumbai, India. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
These General Terms and any notices raised by us any on the EWCPL Websites from time to time constitute the entire agreement between you and EWCPL regarding the use of any of the EWCPL Websites and our Services, except for, and then only to the extent that you have entered into a Booking Form for participation in the Ceramic and Baith Industry Show. These General Terms supersede any prior agreements or earlier versions of these General Terms between you and EWCPL for the use of the Service as of the Effective Date indicated at the top of these General Terms. If, through accessing or using the EWCPL Websites or our Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these General Terms shall not affect your legal relationship with such third party.
You may contact us via email at firstname.lastname@example.org or at:
Emerald Worldwide Connections Private Limited
Off No. 333, Mastermind IV, Royal Palms,
Aarey Colony, Goregaon East,
Mumbai – 400065