Terms and Conditions

1. Use of the Website by Minors
The Websites and Services are not intended to be accessed or used by anyone under the age of 16. By accessing the Websites and/or using the Services, you represent and warrant that you are at least 18 years old. If you are not at least 16 years old, you may not access the Websites or use the Services. We have the right to block or terminate your access to the Websites or Services in the event that it becomes aware that you are under the age of 16.

2. Intellectual Property
Save as set out below, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. This includes, but is not limited to, the text, graphics, computer programmes, animations, photographs, pictures, sounds, and data, and images, audio and video clips connected to the Website.

In particular, you may not download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party. Nor may you systematically extract and/or re–utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re–utilisation, any substantial parts of this website, without our express written consent.

Any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Website Conditions. You give us an absolute right to reproduce (whether in whole or in part, and whether cropped, adopted, altered or otherwise manipulated) any photos or other images that you submit to the Website.

By submitting material to the Website, you warrant and represent that you own such materials (including any copyright and other intellectual property rights therein) or that you have permission from the owner and that you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 16 years of age at the time such material was created.

3. User Obligations
You agree to not access the Website and/or use the Services to:

1. Interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services
2. Intentionally or unintentionally violate any applicable law or regulation
3. Extract, collect, process, combine or store personal data about other users
4. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website
You agree not to upload, email or otherwise transmit:
5. Any content that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability
6. Any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
7. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

You agree not to:

1. Create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the welcome page of the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent. We may terminate your permission to maintain such links at any time
2. Create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the welcome page of the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent. We may terminate your permission to maintain such links at any time
3. Attempt any unauthorised access to any part or component of the Website

4. Access to Websites and Services

The Websites are provided, on an “as is” and “as and when available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Websites, its content or any services or programmes offered on the Website.

We make no warranties that the Website, its content or any programmes or services offered via the Website will meet your requirements or will be uninterrupted, timely, secure or error–free, that defects will be corrected, or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

5. Liability

Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties or representations, whether express or implied in relation to its accuracy.

Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.

We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

You agree that you are free to choose whether to use the Website or any services offered on the Website and do so at your sole option, discretion and risk.

We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with the Website, or any services/ programmes therein.

Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non–performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Any pricing or delivery times quoted by our websites or our programmes thereon are indicative only, may be subject to change, and should be verified with the relevant division. ELACB will not be held liable for any loss or detriment suffered by users of the website and all its services/programmes arising from using such information.

Any programme or design services accessed through the ELCAB website and the information supplied from such services and programmes is indicative only, all design and load calculations should be verified independently. Whilst ELCAB takes every care to ensure information is correct, we are subject to manufacturer specification changes and as such cannot accept liability from any loss or detriment suffered by users of the website and all its services/programmes arising from the use of such information.

6. Privacy Policy

We take the privacy rights of users of the Website very seriously and are committed to protecting and respecting your privacy, and as such these Website Terms & Conditions should be read in conjunction with our Privacy Policy.

7. Termination
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) and access to the Website or use of the Services, for any reason. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.

8. Links

We may provide, or third parties may provide, links to other internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.

9. Compensation

You agree to compensate us and our subsidiaries, affiliates, officers, agents and other partners, and employees, from any claim for damages (including any legal fees in relation to such claim for damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.

10. Law & Jurisdiction

These Terms of Use and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements between you and us.

In the event of any dispute between you and us concerning these Terms of Use, the laws of INDIA will apply. If you wish to take court proceedings against us, you must do so within INDIA. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use continue to apply.