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TERMS
AND CONDITIONS
Any person logging on to or using this site, ("the visitor")
has unconditionally accepted the terms and conditions of use
and these constitute a binding and enforceable agreement between
the visitor and Kalpataru.com and/or Kalpataru Group of Companies
(collectively "Kalpataru").
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Kalpataru.com is a site giving information
about Kalpataru Group of Companies. It is expressly understood
and agreed to by the visitor to Kalpataru.com that the
site is meant only for information about Kalpataru and
is not against any monetary or valuable consideration.
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The visitor is advised to browse through
all the information on the website particularly through
the section on "FAQ" and Buyer's Guide. The visitor is
presumed to have read all the Terms and Conditions, FAQ
and Buyer's Guide and is deemed to have agreed, understood
and accepted unconditionally all the terms, conditions,
procedures and risks of logging onto the website and can
not at any time claim ignorance of any or all of them.
All relationship of any visitor wheresoever situated is
governed by and in accordance with the laws and jurisdiction
of Mumbai, India.
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Kalpataru.com provides information
assuming bonafide intentions of a visitor and not for
any malafide, illegal, indecent or ill-intentions meant
to harrass injure or embarrass the receiver.
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In case any person / visitor receives
any harrassment, injury, ill-intentions or malafide acts,
Kalpataru is fully and completely indemnified by the visitor
for all the costs and consequences of such claims/allegations
and Kalpataru, their promoters, directors, employees and
agents shall not be held responsible and the visitor alone
shall be responsible for all such and similar consequences.
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Kalpataru uses all diligence, skill
and expertise available with them to perform this duty
but does not accept or undertake any express or implied
warranty or of whatsoever nature and Kalpataru disclaims
all or any errors and mistakes to the fullest extent.
Kalpataru does not warrant that the information offered
will be error-free, or that the defects will be corrected,
or that this site or the server that makes it available
are or will be free of viruses or other harmful components.
Kalpataru shall not be under any obligation to ensure
compliance or handle complaints.
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The visitor has by the act of logging
onto the website and/or submitting information or giving
his name, address, e-mail addresses as identification
to Kalpataru through the website, on phone, fax or e-mail,
deemed to have consented and has expressly and irrevocably
authorised Kalpataru to use, reveal, analyse, display
and transmit all information and documents as may be required
by it. Kalpataru reserves the right to refuse/cancel any
forms, information, e-mails. The visitor represents and
warrants that he has provided true, accurate, current
and complete information about himself and it any information
is found to be untrue, inaccurate, not current or incomplete
or Kalpataru has reasons to believe/suspect that to be
so, Kalpataru has the right to take any action it deems
appropriate without limitation.
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The visitor represents and warrants
that he/she are fully aware of the laws of the Country/States
he/she resides in and also those of India particularly
those governing use, sale, lease, transfer of real estate
and the visitor is not violating, nor attempting to violate,
any law and indemnifies fully Kalpataru against any action,
loss or consequences for his/her (or at his/her behest)
illegal conduct or participation in illegal or fraudulent
act/scheme.
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The contents, service marks, graphic
images, buttons, layout, information, text, opinions and
material contained in this web site are the exclusive
property of Kalpataru Group and are protected by copyright
and intellectual property laws. No person shall use, copy,
reproduce, distribute, imitate publish, display, modify,
create derivative works or database, use, transmit, upload,
exploit, sell or distribute the same in whole or in part
or any part thereof without prior express written permission
from Kalpataru Group. Facility to print an article or
portion of text material on this website through computer
/ electronic device does not tantamount to prior written
consent. Violation of this condition is a violation of
copyright and other proprietory rights of Kalpataru and/or
their associates or sister concerns or affiliates.
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Notwithstanding any word, term or language
used herein above, Buyer's Guide or in FAQ or at any place
on the site or in e-mails exchanged with the visitor for
processing his/her requests, suggesting/implying a meaning
in the sense of creating or seeming to create a contract
or commitment between Kalpataru and the visitor, it is
clarified, understood and agreed that Kalpataru through
this Web Site, does not nor intends to make any offer,
proposal, contract and no visitor or the recipient of
information has any right or claim legally associated
with Kalpataru nor claim to be a purchaser as defined/
used as per prevailing laws in India or any similar or
relevant law in the country of residence or access of
the visitor. The visitor is not entitled to claim any
damages or costs nor is the visitor entitled to claim
any remedy by way of specific performance as between two
contracting parties in a contract.
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If Kalpataru has reasons to believe/suspect
any illegal or unlawful activity on the part of the visitor
directly or indirectly, Kalpataru has the right to take
any action it deems appropriate, including without limitation.
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Notwithstanding any or all of the Terms
and Conditions Disclaimers, Buyer's Guide and in FAQ or
elsewhere in the site, waiver by Kalpataru to the visitor
or anyone else acting on his behalf for any reason whatsoever,
voluntarily or on being claimed by any visitor shall not
become a waiver of any or all of the Terms, Conditions
and Disclaimers made and shall not become a precedent
for similar future actions/claims or confer any rights
on the claimant.
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It is possible that other visitors
may violate the terms and conditions and may post or transmit
offensive or obscene materials on the service resulting
in some bonafide visitors getting involuntarily exposed
to offensive and obscene materials. Although Kalpataru
always endeavors and shall continue to endeavor to provide
a secure environment for the web-site, it may be possible
for some others to obtain personal information about the
bonafide visitors without the authority, consent or knowledge
of Kalpataru through illegal means. Kalpataru shall never
be held liable or responsible by any visitor if any such
other person having illegally obtained personal information
uses it to harass or injure a bonafide visitor. Visitors
are advised to carefully select such information that
they may not like to give to Kalpataru and should refrain
from doing so.
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Kalpataru has the right to reproduce,
monitor, disclose any transmission or information received
and made to this web site. Visitors may be sent information
on improvement and changes made in the web-site through
their addresses and e-mail addresses. Any visitor who
may not desire to receive e-mail from Kalpataru may give
clear instructions.
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The visitor shall not use or post any
computer programmes in connection with his/her use of
Kalpataru that contain destructive features, such as viruses
anomalies self- destruct mechanisms, time/logic bombs,
worms , Trojan horses etc etc. Kalpataru does not allow
any bots or scripts on the server, whether they are benign
or destructive in intent.
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Notwithstanding anything, in no event
shall Kalpataru, their promoters, directors, employees
and agents be liable to the visitor for any or all damages,
losses, and causes of action (including but not limited
to, negligence), errors, injury, whether direct, indirect,
consequential or incidental, suffered or incurred by any
person/s or due to any use and/or inability to use this
site or information or its links, hyperlinks, action taken
or abstained, any transmission made through this site
and news groups, even if Kalpataru and/or its employees
or directors have been notified of the possibilities of
potential damages or losses.
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The visitor indemnifies and undertakes
to defend, indemnify and hold harmless Kalpataru and Kalpataru,
their promoters, directors, employees, agents and third
parties for any actions, claims, losses, damages, costs,
liabilities and expenses (including legal fee) made by
third party claiming and/or alleging misuse fraud or theft
of his/her e-mail identity or any information given to
Kalpataru and Kalpataru, their promoters, directors, employees,
agents and third parties and/or relating to or arising
out of his/her logging onto the website Kalpataru and/or
any breach of any of the terms and conditions stated herein
and the visitor irrevocably accepts full responsibility
to pay/reimburse Kalpataru for all such claims/damages/costs
and this obligation of indemnity survives termination
of this agreement.
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Kalpataru reserves the right to terminate,
revoke, modify, alter, add, delete any one or more of
the terms and conditions of this agreement and shall become
applicable.
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