Legal notice – Coretouch

Coretouch Site Terms of Use

Legal Information & Notices

Please read this terms of use/ service agreement carefully. By using this site or purchasing products from this site you agree to be bound by all of the terms and conditions of this agreement.

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Coretouch web site located at www.coretouch.in, and all associated sites linked to www.coretouch.in by Coretouch, its subsidiaries and affiliates, including Coretouch sites around the world (collectively, the “Site”). The Site is the property of Coretouch Technologies Pvt. Ltd. (“Coretouch”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Coretouch reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Coretouch grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If you would like to print this Agreement, please click the print button on your browser toolbar.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Coretouch, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Coretouch’s express prior written consent.

You may use information on Coretouch products and services (such as brochures, spec sheets, articles, software and similar materials) purposely made available by Coretouch for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

In addition to making Products available, this Site also offers information and marketing materials. This Site also offers information, both directly and through indirect links to third-party sites. Coretouch is not responsible for the content of or any damage that may result from your access to or reliance on these third-party sites. If you link to third-party sites, you do so at your own risk.

Use of the Site

Coretouch is not responsible for any damages resulting from use of this site by anyone. You will not use the Site for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Site (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Site by other users, (3) not resell material on the Site, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Site

You will not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Coretouch reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Coretouch server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

License

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

Posting

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

Disclaimer of Warranties

YOUR USE OF THIS SITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CORETOUCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR SITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE SITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CORETOUCH MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY SITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

CORETOUCH ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE SITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING, TAXES AND HANDLING, FOR PRODUCTS PURCHASED VIA THE SITE.

CORETOUCH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will release, indemnify, defend and hold harmless Coretouch, 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 Site content or your use of the Site content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Coretouch. When Coretouch is threatened with suit or sued by a third party, Coretouch may seek written assurances from you concerning your promise to indemnify Coretouch; your failure to provide such assurances may be considered by Coretouch to be a material breach of this Agreement. Coretouch will have the right to participate in any defense by you of a third-party claim related to your use of any of the Site content or Products, with counsel of Coretouch choice at its expense. Coretouch 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 Coretouch against any claim, but you must receive Coretouch prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Site or Products.

Privacy

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

Agreement to be bound

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

General

Force Majeure

Coretouch 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

Coretouch may at any time, in its sole discretion and without advance notice to you, cease operation of the Site and distribution of the Products.

Entire Agreement

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

Effect of Waiver

The failure of Coretouch 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; Jurisdiction

This Site originates from the Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Coretouch 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 Karnataka. By using this Site 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 Site or Products or this Agreement must be filed within one (1) year 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

Coretouch reserves the right to terminate your access to the Site if it reasonably believes, in 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 Site and Coretouch may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Site is terminated, Coretouch reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Site. This Agreement will survive indefinitely unless and until Coretouch chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use

Coretouch makes no representation that the Site or Products are appropriate or available for use in locations outside India. Users who access the Site 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. Coretouch may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS SITE OR ORDERING PRODUCTS FROM THIS SITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Coretouch shall be free to use such information on an unrestricted basis.

Updated by The Coretouch Legal Team on April 2nd, 2019

Coretouch Site Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

Disclaimer of Warranties

Limitation of Liability

Indemnification

Privacy

Agreement to be bound

General

Feedback and Information

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