Terms & Conditions
1. The User shall be deemed to have accepted and agreed the following terms of pass4sure 000-284 use (“TOU”) upon the User’s usage of the website Sulphur Mills Limited, (the “Site”).
1.1 The term “Company” shall include Sulphur Mills Limited and/or its subsidiaries / affiliate companies and the term “User” shall include a user, browsing the Site. The Site is owned and monitored by the Company.
2. The domain address of the Site is owned by the Company. Save as otherwise pass4sure exams provided herein, all the software, text, images, designs, graphics, videos and audios used on the Site, is exclusive and proprietary material pass4sure PHR of the Company.
3. The ‘Sulphur mills limited” name is proprietary of the Company and the Company p4soutlet owns all intellectual property rights in respect thereof. Any User infringing the intellectual property rights of the Company shall be liable to the Company and the Company reserves the right to initiate appropriate legal proceedings against such User for the infringement.
4. By using the Site, the User agrees to follow and be bound by the following terms and conditions:
a) The use of the Site shall be only for the purposes that are permitted by the TOU as may be in force from time to time and applicable laws.
b) The User agrees to be solely responsible for (and that the Company has no responsibility to the User or to any third party for) any breach of obligations under the terms and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
c) The User agrees to not use the Site, if :
(i) the User is not of the legal age to form a binding contract with the Company; or
(ii) If the User is barred from using the Site under the laws of India or any other country including the country in which the User is a resident.
d) The Company reserves the right to update the TOU at any time without the User’s prior consent. The User shall be responsible for complying with the TOU as may be in force at the time of such use. The use of the Site by the User after any amendment to the TOU shall constitute the User’s deemed acceptance of TOU in force at the relevant time and the User agrees to be bound by any changes/revisions.
e) The Company will not be liable for damages of any kind, including without limitation, direct, indirect, remote, special, punitive or consequential damages (including but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to the use of Site, or any other information provided on the Site, or for any other reasons whatsoever.
f) The User agrees to indemnify, defend and hold the Company, its subsidiaries and affiliates, business partners, its employees and agents harmless from and against all losses, expenses, damages and cost (including dispute resolution costs and attorney fees), arising out of or relating to any misuse by the User of the content provided by the Site.
g) The Company makes no warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the Site.
5. Content in the Site
5.1 The User understands that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which the User may have access to as part of, or through User’s use of, the Site are the sole responsibility of the person from which such content originated. All such information is collectively referred to below as the “Content”.
5.2 The User should be aware that the Content presented to the User in the Site, including but not limited to advertisements in the Site and sponsored Content within the Site may be protected by intellectual property rights which are owned by the Company or the sponsors or advertisers who provide that Content to the Company (or by other persons or companies on their behalf). The User shall not modify, distribute or create derivative works based on this Content (either in whole or in part) unless the User has been specifically told to do so by the Company or by the owners of that Content, in a separate agreement.
5.3 The Company reserves an unfettered right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.
5.4 The User agrees to be solely responsible for (and that Company has no responsibility to the User or to any third party for) any Content that User creates, transmits or displays while using the Site and for the consequences of the Users actions (including any loss or damage which the Company may suffer) by doing so.
6. Banking, Credit and Debit Card Details
6.1 The User agrees, understands and confirms that the banking, credit and debit card details provided by User for availing the services of the Company will be correct and accurate and the User shall not use the credit/debit card and/or attempt to transmit money from a bank account for the purposes of payment to the Company which is not lawfully owned by the User. The User further agrees and undertakes to provide the valid and correct details of the bank account, credit and debit card to the Company. Further the said information will not be utilized and shared by the Company with any third parties unless required for fraud verification or by law, regulation or court order. The Company will not be liable for any banking, credit and debit card fraud. The liability for use of details of any bank account and card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User. We as a merchant shall be under no liability whatsoever in respect of loss or damage arising directly or indirectly out of decline of authorization for any transaction on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time or due to any reason whatsoever.
7. Right To Cancellation by the Company in case of invalid information from User
7.1 The User expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this TOU, and not to make any misrepresentation of facts at all. Any default on part of the User would be in violation of this TOU and shall disentitle the User from availing the services from TOU.
7.2 The User unequivocally indemnifies the Company of any such claim or liability and shall not hold the Company responsible for any loss or damage arising out of measures taken by the Company for safeguarding its own interest.
8. Fraudulent and Declined Transaction
The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Company reserves the right to immediately delete such account and dishonour all past and pending assignments without any liability. For the purpose of this Clause and Clause 7, the Company shall owe no liability for any refunds.
9. Intellectual Property Rights
9.1 Copyright The information on the Site is protected by copyright. Except as specifically permitted herein, no portion of the information on the Site may be reproduced, copied, transmitted in any form whatsoever or by any means without the prior written consent of the Company.
The name of the Company and other graphics, logos, and service names, brands, labels, etc are sole and absolute property of the Company. Except as specifically permitted herein, these trademarks may not be used without the prior written consent of the Company. All other trademarks not owned by the Company that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
The User admits and acknowledges that any infringement of intellectual property rights of the Company shall cause irreparable harm, injury and loss to the Company. The User shall indemnify the Company against any loss, damages, costs, charges, expenses (including but not limited to dispute resolution costs and attorney fees) that the Company may incur or suffer by virtue of infringement of any third party intellectual property rights by the User.
10. Links to third Party websites
The Site may contain links to third party websites, which are not under the control of the Company. The Company has no responsibility or liability for and makes no representations whatsoever about any other website that the User may have access to through the Site. These linked sites are only for User’s convenience, and therefore, the User may access them at his or her own risk and subject to the terms and conditions of use of such website. The inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such websites. The Company is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and the User shall bear all risks associated with the use of such content. The Company is not responsible for any loss or damage of any sort that the User may incur from dealing with any third party pursuant to such links.
11. Content License from User
11.1 The User retains copyright and any other rights the User already holds in Content which the User submits, posts or displays on or through, the Site. By submitting, posting or displaying the Content the User gives the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the User submits, posts or displays on or through, the Site.
11.2 The User agrees that this license includes a right for the Company to make such Content available to third parties with whom the Company has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 The User understands that the Company, in performing the required technical steps to provide the material on the Site, may
(a) transmit or distribute the User’s Content over various public networks and in various media; and
(b) make such changes to User’s Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. The User agrees and acknowledges that this license shall permit the Company to take these actions.
11.4 The User confirms and warrants to the Company that the User has all the rights, power and authority necessary to grant the above license.
12. Software Updates
The software which the User uses may automatically download and install updates from time to time from the Site. These updates are designed to improve, enhance features and use/interface of the Site and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The User agrees to receive such updates (and permit the Company to deliver these to the User) as part of User’s use of the Site.
13. Exclusion of Warranties
13.1 User expressly understands and agrees that User’s use of the Site is at User’s sole risk and that the site and all Content, material, information, products and services provided are on “as is” and “as available” basis.
13.2 The Company does not represent or warrant to the User that:
(a) the use of the Site will meet the User’s requirement;
(b) the use of the Site will be uninterrupted, timely, secure and free from error/s;<>/p
(c) That any defect in the operation or functionality of any software provided to the User as a part of Site will be corrected.
13.3 Any material downloaded or otherwise obtained through the use of Site is done at the User’s own discretion and risk and that the User will be solely responsible for any damage to User’s computer system or other device or loss of data that results from download of any such material.
13.4 No advice or information, whether oral or written, obtained by the User from the Company or through or from the Site shall create any warranty unless expressly stated.
13.5 The Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non infringement.
14. Limitation of liabilities
14.1 The User expressly understands and agrees that the Company shall not be liable to the User for:
(a) Any direct, indirect, incidental, special, remote, penal, consequential or exemplary damages, which may be incurred by the User by virtue of use(a) of the Site. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services or other intangible loss.
(b) Any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of:
(i) Any reliance placed by the User on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between User and any advertiser or sponsor whose advertising appears on the Site.
(ii) Any changes which the Company may make to the Site or any permanent or temporary cessation of the Site.
(iii) The deletion of, corruption of, or failure to store, any content and other communications, data maintained or transmitted by or through User’s use of the Site.
(iv) The User’s failure to provide the Company with accurate information.
The TOU are effective unless withdrawn by the Company. The User may terminate the TOU at any time by destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under the present TOU or as may be in force at the relevant time. The User’s access to the Site may be prohibited without notice from the Company if in Company’s sole discretion User fails to comply with any term or provision of the TOU. Upon termination, User must destroy all materials obtained from this Site and all copies thereof. The provisions of this TOU concerning intellectual property rights including but not limited to copyrights and trademarks, exclusion of warranty, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.
16. Governing Law and Jurisdiction
17.1 The TOU constitute a legal agreement between the User and the Company and governs the User’s use of the Site.
17.2 The Company may provide User with notices, including those regarding changes to these TOU, by email, regular mail, or postings on the Site.
17.3 The User agrees that if the Company does not exercise or enforce any legal right or remedy which is contained in the terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to the Company.
17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the TOU is invalid, then that provision shall be severed from the TOU without affecting the rest of the TOU. The remaining provisions of the TOU will continue to be valid and enforceable.
17.5 User acknowledges and agrees that the third party beneficiaries to the TOU shall be the group companies of the Company and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the TOU which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the TOU.