PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE www.barakcement.com
This website (hereafter this “Website”) is made available by BARAK CEMENT, a company incorporated in India under the laws of India (hereafter “BARAK CEMENT”). This Website is offered to you (hereafter the “User”), conditioned on your acceptance of these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, please exit this Website.
1. USE OF THIS WEBSITE
The Website has been prepared and compiled by BARAK CEMENT in good faith and solely for the purposes of providing information about the business operations and initiatives of BARAK CEMENT and the career and business opportunities available with BARAK CEMENT.
BARAK CEMENT authorizes the User to view the content available on the Website. The User is not permitted to copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information obtained from this Website, whether in printed, visual or electronic form, for any purpose whatsoever, without the prior written permission, at the sole discretion of BARAK CEMENT. As a condition of User’s use of this Website, User warrants that he/she will not use this Website for any purpose that is unlawful, prohibited or not expressly permitted by these Terms and Conditions of Use. While accessing and viewing the contents of the Website, the User agrees to comply with all copyright laws existing worldwide and to prevent any unauthorized copying of any of the content available on the Website.
User agrees that any unauthorized or unlawful use of this Website, or any contents thereof, would result in irreparable injury to BARAK CEMENT and/or its affiliates for which monetary damages would be inadequate, and in such event BARAK CEMENT and/or its affiliates, as the case may be, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against the User and/or criminal prosecution. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that BARAK CEMENT and/or its affiliates may have under separate legal authority.
2. INTELLECTUAL PROPERTY
All contents of this Website are copyrighted by BARAK CEMENT and/or its affiliates, unless otherwise noted/indicated. The Website features logos, brand identities and other trade marks, service marks, trade names, slogans, logos, and other indicia of origin (“Marks”) that are the registered trade marks of The BARAK CEMENT Company or Schweppes Holdings Limited, as the case may be. Nothing contained on this Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Mark displayed on this Website without prior written permission (at the sole discretion) of BARAK CEMENT or any such third party that may own the Mark, displayed on the Website.
4. LIABILITY DISCLAIMER
(a) While BARAK CEMENT endeavors to ensure that the contents of the Website are accurate and reliable, BARAK CEMENT makes no representations about the suitability of the information and services contained or obtained through this Website for any purpose, or the results that may be obtained from using this Website. All such information is provided “as is” without warranty of any kind. BARAK CEMENT does not make any representation or warranty with respect to the veracity or the completeness of the information available on the Website and assumes no liability or responsibility for any omissions or errors in the information available on the Website. In no event shall BARAK CEMENT and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website, or for any information or services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if BARAK CEMENT or any of its affiliates has been advised of the possibility of damages.
(b) With respect to the contents and information available on the Website, BARAK CEMENT does not make any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
(c) The User agrees that some or all of the contents on this Website may be unavailable, from time to time. It is further agreed that BARAK CEMENT does not make any representation or warranty that the contents of this Website is free from viruses or other items of destructive nature.
(d) This Website may contain forward-looking statements about BARAK CEMENT and/or BARAK CEMENT’s financial and operating performance, business plans and prospects, in-line products and product development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. BARAK CEMENT undertakes no obligation to publicly update or revise any forward-looking statements. The information contained on this Website does not comprise a prospectus or an admission document and does not contain or constitute or form part of any offer or invitation, or any solicitation of an offer to invest in the shares, or any other products or services or otherwise deal in these or enter into a contract with BARAK CEMENT or any other company. The information provided should not be relied upon in connection with any investment decision. Accordingly, BARAK CEMENT assumes no liability or responsibility for any decisions made on the basis of any forward-looking statements.
5. LIMITATION OF LIABILITY
In no event shall BARAK CEMENT be liable for any damages whatsoever arising out of, or in connection with, the User’s access of this Website or any information contained at the Website or any linked websites. In particular, BARAK CEMENT shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
6. REPRESENTATIONS AND WARRANTIES OF USER
User acknowledges, represents and warrants to BARAK CEMENT as follows:
(a) User agrees not to modify the contents of the Website.
(b) User shall not interrupt or attempt to interrupt the operations of the Website, in any manner whatsoever.
(c) User is prohibited from using the Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. User further agrees not to use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or any applicable laws. BARAK CEMENT will fully cooperate with any law enforcement authorities or any court order requesting or directing BARAK CEMENT to disclose the identity of anyone posting or transmitting any such information or material on the Website.
(d) User is solely responsible for his/her use of this Website including content, material and information posted, published, submitted or otherwise disseminated by User through this Website. User will use this Website legally and only for the purposes that it is intended to be used for.
(e) User will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
(f) User will comply fully with these Terms and Conditions of Use.
(g) User acknowledges that the Internet or BARAK CEMENT’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of BARAK CEMENT. User acknowledges that BARAK CEMENT will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
(h) User acknowledges that submission of requisite details by the User in the “Careers” or “Partner With Us” sections of the Website does not warrant or assure commencement or establishment of any employment or business relationship, as the case may be, between BARAK CEMENT and the User.
The User agrees to defend, indemnify and hold BARAK CEMENT harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to User’s access and use of the Website.
8. LINKS ON THIRD PARTY WEBSITES
The User hereby agrees not to establish a link of the Website on third party website, for any purposes whatsoever, without the prior written permission of BARAK CEMENT.
9. LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than BARAK CEMENT. Such hyperlinks are provided for your reference only. BARAK CEMENT does not control such websites and is not responsible for their contents. BARAK CEMENT’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
BARAK CEMENT and/or its affiliates may also present advertisements or promotional materials on or through this Website. User’s participation in any promotional event is subject to the terms and conditions associated with that event. User’s dealings with, or participation in promotions of, any third-party advertisers on or through this Website are solely between User and such third-party. User agrees that BARAK CEMENT and/or its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ reference on this Website.
Without limiting any of the disclaimers of warranty set forth in these Terms and Conditions of Use, BARAK CEMENT does not provide or make any representation as to the quality or nature of any of the third party information, products or services provided through this Website, or any other representation, warranty or guaranty. Furthermore, BARAK CEMENT disclaims any responsibility, if such third party websites:
(a) infringe any third party’s intellectual property rights;
(b) provide any information which is inaccurate, incomplete or misleading;
(c) are not merchantable or fit for a particular purpose;
(d) do not undertake adequate security measures;
(e) contain viruses or other items of destructive nature; or
(f) provide any libelous or defamatory contents or information.
User’s use of this Website constitutes User’s agreement to be bound, without any modifications or reservations whatsoever, by these Terms and Conditions of Use, which may be updated or modified from time to time without notice to User. Any changes shall become part of these Terms and Conditions of Use and shall apply immediately. By continuing to use this Website after such modifications, User indicates acceptance of those modifications. User may also be required to re-accept a substantially revised Terms and Conditions of Use to continue to use this Website. User can view the most current version of the Terms and Conditions of Use any time at Terms and Conditions.
(a) Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India. User hereby consents to the exclusive jurisdiction and venue of courts in New Delhi in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.
(b) Any rights or permissions not expressly granted herein are reserved.