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TERMS OF USE

This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.furnacesolutions.in website.

USER AGREEMENT

Your use of www.furnacesolutions.in and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website.

In this User Agreement, you are contracting with FabTech India, a partnership firm with its registered office at El-21 TTC Industrial area, Mahape, Navi Mumbai - 400710, Maharashtra, India, hereinafter referred to as "Furnace" or "Platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to accept this electronic version / electronic record of the User Agreement. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns

By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.

AMENDMENTS TO THE USER AGREEMENT

Furnace reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. The revised version will be effective at the time Platform posts it on the Website. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Website. Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Furnace in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Furnace.

USE OF PLATFORM

This Website is directed to be used by adults only. We assume that any minor, if at all, accessing our Website is under the supervision of their guardians. Furnace or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your personal information and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your use. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

If you know or have reasons to believe that the security of your personal information has been breached, you should contact us immediately at the 'Contact Information' provided below.

We reserve the right to refuse service and/or terminate your use without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Furnace’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

PRODUCT & SERVICES INFORMATION

Furnace attempts to be as accurate as possible in the description of the product on the Platform. However, Furnace does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Furnace reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

PRICING INFORMATION

Furnace strives to provide accurate product and pricing information however errors may occur. Furnace cannot confirm the price of the product until you make the order. If a product/service is listed at an incorrect price or with incorrect information due to any technical error, Furnace shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by You. Furnace will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of making a enquiry about a product.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF FURNACE. Furnace may revise and cease to make available any product/ services at any time.

USER CONTENT

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • 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 any other nation.

Furnace shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Furnace does not endorse or control the User Content transmitted or posted on the Website by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Furnace. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Furnace be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against Furnace for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Furnace has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, Furnace has the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.

If you wish to delete your User Content on our Website, please contact us by email at support@furnace.com and request you to include the following personal information in your deletion request: first name, last name, user name (if applicable), email address associated with our Website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

INTELLECTUAL PROPERTY RIGHTS

The "Furnace" and "FabTech India" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Furnace. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed on this Website, whether registered or unregistered, of Furnace, are the intellectual property of FabTech India, and Furnace shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks

Furnace and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Furnace and are protected by the Indian copyright laws. Consequently, the materials on this Website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. The Contents and software on this Website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Website is strictly prohibited. Unless Furnace explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Furnace, any of its affiliates or by third parties who have licensed their materials to Furnace and are protected by Indian copyright laws.

LIMITED LICENSE

Furnace grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Website. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Website and its affiliates.

Furnace reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access the Site.

REPRESENTATIONS AND WARRANTIES

This Website is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Website in terms of their correctness, accuracy, reliability, or otherwise. Furnace shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Website.

You acknowledge that this Website is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website.

Furnace shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. Furnace does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.

Furnace through the Website intends to provide its users with general information about Industrial Furniture and related products. The Website encourages its users to interact with Furnace and its employees by asking questions that enables the user to obtain information of a general nature pertaining to Industrial Furniture and related products. The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or emails exchanged with Furnace, its employees or representatives (collectively referred to as "Information") which are in furtherance of any communication made by the user with Furnace, its employees or representatives is based on the background provided by the user. While Furnace takes reasonable care to ensure that the Information is accurate, Furnace makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. Under no circumstances will Furnace, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE WEBSITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF FURNACE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

LINKS AND THIRD-PARTY SITES

References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Furnace endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Furnace and those third parties

Furnace is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Furnace do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Website.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or Furnace.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Website. Furnace may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Website, such termination will be without any liability to the Website.

Upon any termination of the Terms of Use by either you or Furnace, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

INDEMNITY

You agree to defend, indemnify and hold harmless Furnace, its partners, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Furnace or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India.

For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Website, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed in Clause "User Content" above, Furnace shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation to:

  • accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
  • sending unsolicited email, including promotions and/or advertising of products or services; or
  • forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

Furnace is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Furnace on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer)

ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Furnace with respect to the Website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Furnace’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

CONTACT INFORMATION:

Customer Service Desk

E-mail id: support@furnacesolutions.in

Contact Days: Monday to Saturday (10:00 a.m. to 7:00 p.m.)