PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
This Terms of Use Agreement (the "Agreement") describes the terms and
conditions applicable to your use of the CPR Distributors Pvt. Ltd. web
site which is identified by the uniform resource locator
www.LotusElectronics.com (the "Site"). This Agreement is entered into
between you as the user of the Site (the "User") and
www.LotusElectronics.com ("CPR Distributors Pvt. Ltd.").
1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the
Site for whatever purpose, regardless of whether such User has
registered with CPR Distributors Pvt. Ltd. as a registered user or
whether such User is a paying customer for a specific service provided
by CPR Distributors Pvt. Ltd. A User includes the person using this
Site and any legal entity which may be represented by such person under
actual or apparent authority.
1.2 By accessing or using the Site, you
hereby agree to accept the terms and conditions set forth in this
Agreement as a User. You shall be bound by the terms and conditions of
this Agreement with respect to your access or use of this Site and any
further upgrade, modification, addition or change to this Site. If you
do not accept all of the terms and conditions of this Agreement, please
do not use this Site.
1.3 This Agreement applies to each Paid Service
(as defined below) in addition to any terms and conditions that may be
applicable to such specific Paid Service.
1.4 CPR Distributors Pvt. Ltd. may amend this Agreement at any time by
posting the amended and restated Agreement on the Site. The amended and
restated Agreement shall be effective immediately upon posting. This
Agreement was last amended on August 10, 2004. Posting by CPR
Distributors Pvt. Ltd. of the amended and restated Agreement and your
continued use of the Site shall be deemed to be acceptance of the
amended terms. This Agreement may not otherwise be modified, except in
writing by an authorized officer of CPR Distributors Pvt. Ltd..
2.Charges and Fees; Paid Services
2.1 Access to the Site and certain of its features are provided to all
Users free of charge. However, CPR Distributors Pvt. Ltd. reserves the
right, without prior notice, to charge each User fees for the use of or
access to the Site or its features.
2.2 CPR Distributors Pvt. Ltd.
provides certain services to Users who have undergone a specific
registration process and agreed to abide the terms of user agreement.
2.3 CPR Distributors Pvt. Ltd. reserves the right to deny Services to
any User for whatever reason in order to protect CPR Distributors Pvt.
Ltd.'s interests.
3. Users Generally.
3.1 Users may use this Site solely for their own
personal or internal purposes. Each User agrees that it shall not copy,
reproduce or download any information, text, images, video clips,
directories, files, databases or listings available on or through the
Site (the "LotusElectronics.com Content") for the purpose of re-selling
or re-distributing the LotusElectronics.com Content, mass mailing (via
emails, physical mail or otherwise), operating a business that competes
with CPR Distributors Pvt. Ltd., or otherwise commercially exploiting
the CPR Distributors Pvt. Ltd. Content.
3.2 Some of the CPR Distributors Pvt. Ltd. Content displayed on this Site is provided or
posted by third parties ("Third Party Content"). Neither CPR
Distributors Pvt. Ltd. nor any of our affiliates, directors, officers
or employees has entered into any sales agency relationship with such
third party by virtue of CPR Distributors Pvt. Ltd.'s display of the
Third Party Content on the Site. Any Third Party Content is the sole
responsibility of the party who provided the content. CPR Distributors
Pvt. Ltd. is not responsible for the accuracy, propriety, lawfulness or
truthfulness of any Third Party Content, and shall not be liable to any
User in connection with such User's reliance of such Third Party
Content. In addition, CPR Distributors Pvt.
Ltd. is not responsible for the conduct of any User's activities on the
Site, and shall not be liable to any person in connection with any
damage suffered by any person as a result of such User's conduct.
3.3 CPR Distributors Pvt. Ltd. may allow Users access to content, products
or services offered by third parties through hyperlinks (in the form of
word link, banners, channels or otherwise) to such third party's web
site. User acknowledges that CPR Distributors Pvt. Ltd. has no control
over such third party's web site and CPR Distributors Pvt. Ltd. shall
not be responsible or liable to anyone for such web site, or any
content, products or services made available on such web site.
3.4 Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees
obtained from the Site, shall not contain any of the materials
described in the provisions of Section 5.5 below.
3.5 CPR Distributors Pvt. Ltd. reserves the right to limit, deny or
create different access to the Site and its features with respect to
different Users, or to change any of the features or introduce new
features without prior notice. Each User acknowledges that inability to
use the Site wholly or partially for whatever reason may have adverse
effects on its business. Each User hereby agrees that in no event shall
CPR Distributors Pvt. Ltd. be liable to the User or any third parties
for any inability to use the Site (whether due to disruption, limited
access, changes to or termination of any features on the Site or
otherwise), any delays, errors or omissions with respect to any
communications or transmission, or any damage (direct, indirect,
consequential or otherwise) arising from the use of or inability to use
the Site or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by
CPR Distributors Pvt. Ltd. and/or any other User and no User shall
attempt to gain unauthorized access to such computer systems or
networks.
3.7 We urge that you read CPR Distributors Pvt. Ltd.'s Privacy Policy
[link] which governs the protection and use of each User's information
in CPR Distributors Pvt. Ltd.'s possession. Each User hereby accepts
the Privacy Policy and any updates and amendments thereto. Each User
acknowledges that CPR Distributors Pvt. Ltd. may change the Privacy
Policy from time to time provided that CPR Distributors Pvt. Ltd. shall
make available the updated version of the Privacy Policy on the Site at
all times. Your continuation of use of the Site shall be deemed to be
your acceptance of the Privacy Policy which is then displayed on the
Site at the time of such use.
4. Registered Users
4.1 Each User who has filled out an on-line registration form on the
Site by giving its information (such as name, address, telephone and
fax number, email address, and other details etc.) is a registered user
of CPR Distributors Pvt. Ltd. (a "Registered User"). CPR Distributors
Pvt. Ltd. will establish an account ("Account") for each Registered
User and each Registered User is assigned a user alias ("Member ID")
and password ("Password") for log-in access to its own Account.
4.2 CPR Distributors Pvt. Ltd. may suspend or terminate a Registered
User's Account at any time by giving no less than 24-hour notice to the
Registered User; provided, however, that notice is not required for
such termination if, in CPR Distributors Pvt. Ltd.'s determination,
there is any breach of the provisions of this Agreement by the
Registered User.
4.3 CPR Distributors Pvt. Ltd. reserves the right to
refuse registration and deny the issuance of an Account and associated
Member ID and Password to any User for whatever reason.
4.4 Each User hereby represents, warrants and agrees to (a) provide CPR Distributors
Pvt. Ltd. with true, accurate, current and complete information to be
displayed on the Site and (b) maintain and promptly amend all
information to keep it true, accurate, current and complete. Each User
hereby grants an irrevocable,
perpetual, worldwide and royalty-free license to CPR Distributors Pvt.
Ltd. to display and use all information provided by such User in
accordance with the purposes set forth in this Agreement. Each User
further agrees that by posting any material or information anywhere on
the Site it surrenders its copyright and any other proprietary right in
the posted material or information.
4.5 CPR Distributors Pvt. Ltd.
reserves the right in it sole discretion to remove any material
displayed on the Site without any prior notice to its users
5. Transactions between Buyers and Suppliers
5.1 Through the Site, CPR Distributors Pvt. Ltd. provides an electronic web-based platform for
exchanging information between buyers and suppliers of products and
services.
5.2 Each User acknowledges that it is fully assuming the
risks of purchase and sale transactions when using the Site to conduct
transactions, such risks shall include, but not limited to,
mis-representation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective
products, delay or default in delivery, cost mis-calculations, breach
of warranty, breach of contract and transportation accidents
("Transaction Risks"). Each User agrees that CPR Distributors Pvt. Ltd.
shall not be liable or responsible for any damages that may arise a
result of or in connection with any Transaction Risks.
5.3 Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines,
permits, handling, transportation and storage.
6. Limitation of Liability
6.1 The features and services on the CPR Distributors Pvt.
Ltd. site is provided on an "as is" and "as available" basis, and CPR
Distributors Pvt. Ltd. hereby expressly disclaims any and all
warranties, express or implied, including but not limited to any
warranties of condition, quality, durability, performance, accuracy,
reliability, merchantability or fitness for a particular purpose. all
such warranties, representations, conditions, undertakings and terms
are hereby excluded.
6.2 CPR Distributors Pvt. Ltd. makes no
representations or warranties about the validity, accuracy,
correctness, reliability, quality, stability, completeness or
currentness of any information provided on or through the site.
6.3 Any material downloaded or otherwise obtained through the site is
done at each user's sole discretion and risk and each user is solely
responsible for any damage to its computer system or loss of data that
may result from the download of any such material. no advice or
information, whether oral or written, obtained by any user from CPR
Distributors Pvt. Ltd. or through or from the site shall create any
warranty not expressly stated herein.
6.4 Under no circumstances shall
CPR Distributors Pvt. Ltd. be held liable for any delay or failure or
disruption of the content or services delivered through the site
resulting directly or indirectly from acts of nature, forces or causes
beyond its reasonable control, including without limitation, internet
failures, computer, telecommunications or any other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of god, war, governmental
actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
6.5 Each User hereby agrees to
indemnify and save CPR Distributors Pvt. Ltd., its affiliates,
directors, officers and employees harmless, from any and all losses,
claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's use of the Site (including but not
limited to the display of such User's information on the Site) or from
its breach of any of the terms and conditions of this Agreement. Each
User further agrees that CPR Distributors Pvt. Ltd. is not responsible
and shall have no liability to it, for any material posted by others,
including defamatory, offensive or illicit material and that the risk
of damages from such material rests entirely with each User.
6.6 CPR
Distributors Pvt. Ltd. shall not be liable for any special, direct,
indirect, punitive, incidental or consequential damages or any damages
whatsoever (including but not limited to damages for loss of profits or
savings, business interruption, loss of information), whether in
contract, negligence, tort or otherwise or any other damages resulting
from any of the following:
(a) the use or the inability to use the Site; (b) any defect in goods,
samples, data, information or services purchased or obtained from a
User or a third-party service provider through the Site; (c)
unauthorized access by third parties to data or private information of
any User;
(d) statements or conduct of any User of the Site; or
(e) any matters relating to Paid Services however arising, including
negligence.
7. Intellectual Property Rights
7.1 CPR Distributors Pvt. Ltd. is the sole owner or lawful licensee of
all the rights to the Site and the CPR Distributors Pvt. Ltd. Content.
The Site and CPR Distributors Pvt. Ltd. Content embody trade secrets
and intellectual property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual property rights
in the Site and CPR Distributors Pvt. Ltd. Content shall remain with
CPR Distributors Pvt. Ltd., its affiliates or licensors of the CPR
Distributors Pvt. Ltd. Content, as the case may be. All rights not
otherwise claimed under this Agreement or by CPR Distributors Pvt. Ltd.
are hereby reserved.
7.2 "Lotus", "www.Lotuselectronics.com" and related icons and logos are
registered trademarks or trademarks or service marks of CPR
Distributors Pvt. Ltd. in various jurisdictions and are protected under
applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks
is strictly prohibited.
8. Notices
8.1 All notices or demands to or upon CPR Distributors Pvt. Ltd. shall be effective if in writing and
shall be duly made when sent to CPR Distributors Pvt. Ltd. at the
following address:
To,
CPR Distributors Pvt. Ltd., 13, Sneh Nagar Main
Road, Indore (M.P.) India – Pin- 452001 with Attn to : Corporate
Counsel.
9. General
9.1 Subject to any additional agreements relating to Paid Services, this Agreement and the Privacy Policy constitute the
entire agreement between the User and CPR Distributors Pvt. Ltd. with
respect to access to and use of the Site, superseding any prior written
or oral agreements in relation to the same subject matter herein.
9.2 If any provision herein is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced.
9.3 Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section.
9.4 CPR Distributors Pvt. Ltd.'s failure to enforce any right
or failure to act with respect to any breach by a User under these
terms and conditions will not waive that right nor waives CPR
Distributors Pvt. Ltd.'s right to act with respect with subsequent or
similar breaches.
9.5 CPR Distributors Pvt. Ltd. shall have the right
to assign its obligations and duties in this Agreement and in any
agreement relating to Services to any person or entity.
