1. Introduction and Terms and Conditions of use

The domain name nistula-engineering.com (hereinafter referred to as “Website”) is owned by the Nistula Engineering Private Limited (the “Company” or “we” or “our” or “us”, which expressions shall mean and include any entity of Nistula Engineering Private Limited and all its other affiliates, associates, joint ventures or related or connected entities, as applicable).

Any person logging on to or using the Website (“User” or “you”) shall be presumed to have read the Website Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and Nistula Engineering Private Limited.

The User’s use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter.

For the purpose of these Terms of Use, wherever the context so requires “User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.

  1. Eligibility

Any person who is above 18 (eighteen) years of age and competent to contract under applicable law is eligible to access or visit the Website or purchase the units in any project. Your use or access of the Website shall be treated as your representation that you are competent to contract; and if you are registering as a business entity, you represent and warrant that you have the authority to bind such business entity to the Terms of Use.

The User represents and warrants that it will be financially responsible for all of User’s use of the Website (including the purchase of units in any project) and access of the Website (as well as for use of User’s account by others). The Terms of Use shall be void where prohibited by applicable law, and the right to access the Website shall automatically stand revoked in such cases.

  1. Information Provided

Any information provided to us will be protected in accordance with our Privacy Policy separately provided on the Website.

If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activity that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at contact@nistula-engineering.com and/or calling us on +91 89810 12820. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.

You also agree and confirm that you will:

  1. Provide accurate, current and complete information to us (“Shared Data”).
  2. Maintain and promptly update the Shared Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to indefinitely suspend or terminate your membership and refuse to provide you access to the Website.
  1. In order to ensure that we are not violating any right that you might have in your Shared Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Shared Data, in any media now or in future known, with respect to your Shared Data solely to enable us to use such Shared Data you have supplied to us.
  1. Covenants

You understand and undertake that you shall be solely responsible for the Shared Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which you do not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, seditious, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  1. Infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
  2. Violates any law for the time being in force;
  3. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  1. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  2. Creates liability for the company or cause the company to lose (in whole or in part) the services of the company’s ISPs or other suppliers;
  3. Is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or

The User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.

You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

  1. Force Majeure

We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of a Force Majeure Event, as defined hereunder.

Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder. User’s liability

The User, by the act of logging onto the Website and/or submitting information to the Company (through the Website or through phone, fax or e-mail of the Company provided on the Website) is deemed to have consented to and has expressly/impliedly and irrevocably authorized the Company to use, reveal, analyse, display or transmit all information required by the Company. The User represents and warrants that all the information provided by him/her are true, correct and complete and if found to be untrue, incorrect or incomplete, the Company has the right to take any action it deems fit in relation to the particular circumstances without any limitations.

The User represents and warrants that he is fully aware of all the applicable laws particularly governing use, sale, lease, transfer of real estate and that the User is not violating or attempting to violate any applicable law.

The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.

  1. Restriction on use of content

The information provided on the Website is an exclusive property of the Company and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Company.

  1. Jurisdiction and Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Kolkata (West Bengal) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

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