ACCESS TO AND USE OF WEBSITE
The following general terms and conditions (“Terms and Conditions”) apply to your access to and use of the websites (“Websites”) of NDC. (“NDC”).
By using or accessing the Websites you agree with the Terms and Conditions. In case of any conflict between these Terms and Conditions and any other terms and conditions applicable to any services or products delivered through the Websites, those terms and conditions shall prevail.
All copyright, trademarks and design rights (registered and unregistered), patents, trade secret, rights in get-up, goodwill, rights in computer software, database rights and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“ Intellectual Property Rights ”) with respect to the Websites and all related information, materials and other data (including applications) published or available on or through the Websites or otherwise (“ Onitsuka Tiger Content ”) shall remain vested in NDC/ , its group companies or its licensors. You may not distribute, exchange, sell, copy, modify, reproduce, republish, disassemble, decompile, reverse engineer, exploit, download, post, broadcast, transmit, make available to the public, or otherwise use any NDC Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NDC Content except for your own personal, non-commercial use. Any other use of the NDC Content requires the prior written permission of either ASICS or NDC.
The names, images and logos identifying NDC/ ASICS, its group companies or third parties and their products and services are subject to copyright, design rights and trademarks of NDC/ ASICS, its group companies and/or third parties. Nothing contained in these Terms and Conditions shall be construed as transferring any ownership of Intellectual Property Rights in any products or services of NDC, its group companies or any other third party.
ONLINE PRIVACY NOTICE
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on the Websites. These policies can be found in this document below.
Internet transmissions are never completely private or secure. Any message or information you send to the Websites may be read or intercepted by others unless there is a special notice that a particular message is encrypted. Sending an email message to NDC does not create any reciprocal obligation or responsibility of NDC to you.
Any usernames and passwords used for the Websites are for individual use only. You shall be responsible for the security of your username and password (if any). NDC shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username or password that NDC considers insecure, NDC will be entitled to require you to change it, failing which NDC may terminate your account.
VIOLATION OF SECURITY SYSTEMS
You are prohibited from using any services or facilities provided in connection with these Websites to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programmes, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NDC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
LINKS TO OTHER WEBSITES
The Websites may contain links to other Internet sites on the World Wide Web. NDC provides such links for your convenience only and is not responsible for the content of any website linked to or from the Websites. Links from the Websites to any other website do not indicate that NDC approves of, endorses, sponsors, or recommends that website. NDC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any website. NDC is not responsible for the privacy practices of any other website linked to on the Websites. The user should separately review the privacy policies for those other websites that are linked to on the Websites.
The Websites and all content are provided with all faults on an “as is” and “as available” basis. NDC, its group companies, licensors, partners and other suppliers disclaim all warranties, whether express or implied, including the warranties that the Websites and all NDC Content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the Websites and all NDC Content are merchantable, correct, of satisfactory quality, accurate, adequate, safe, useful, fit for a particular purpose or need, reliable, or non-infringing, unless such implied warranties are legally incapable of exclusion. No information was given by NDC, its group companies, licensors, respective partners, suppliers, employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of the Websites and all NDC Content is solely at your own risk and NDC is under no obligation to provide you with any support, advice, error corrections, updates, upgrades, bug fixes and/or enhancements of the Websites and all NDC Content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
Although NDC will try to provide you with the best service, NDC shall under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting from or in connection with the Websites or the NDC Content. The foregoing limitation of liability shall not apply in the event that the damage results from the gross negligence or willful misconduct of NDC’s executive management.
The Websites, NDC Content, products and services provided by NDC, its group companies or third parties are not meant to serve as a substitute for medical advice, diagnosis or treatment, or for the individualized advice or care of a healthcare provider.
RIGHT TO CHANGE THESE TERMS AND CONDITIONS OR SITE CONTENT
NDC reserves the right to change or discontinue any aspect, service, feature or content of the Websites or these Terms and Conditions at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. Amendments will go into effect as soon as they have been published on the Websites. By continuing to use the Websites after any such changes have been published, you are indicating your acceptance of and agreement to those changes. Furthermore, NDC may add, change, discontinue, remove, or suspend any other NDC Content posted on the Websites, including features and specifications of products and services described or depicted on the Websites, temporarily or permanently, at any time, without notice and without liability.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless NDC and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms and Conditions
Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by a sole arbitrator appointed by NDC. The arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Mumbai.
These Terms will exclusively be governed by the laws of India.
Net Distribution Services Pvt. Ltd
A – 302, Dipti Classic, 32/34 Suren Road, Andheri ( East ), Mumbai - 400093, Maharashtra