Terms and Condition
Kelvin Ecopack and its affiliates own and operate the website kelvinecopack.com (the “Website”) and mobile software (the “application”). By using or browsing any of the Kelvin Ecopack websites and application, you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. You should not use this website or pplication if you do not agree to be bound by these terms and conditions. We urge that you routinely check this page to examine our Terms and Conditions since we reserve the right to make changes at any moment without providing you with prior notice. You agree to accept any changes, whether or not you actually reviewed them, by using our website or application after we post them. The proprietor of the website or application is referred to as "Kelvin Ecopack" or "us" or "we". The user or viewer of our website or application is referred to as "you" in this sentence. The use of this website or application is subject to the following terms of use: The content on the pages of this website or application is for your general information and use only. It is subject to change without notice. Neither we nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and
material found or offered on this website or application for any particular purpose. You
acknowledge that such information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by
law. Your use of any information or materials on this website or application is entirely at your
own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any
products, services or information available through this website or application meets your
specific requirements. This website or application contains material, which is owned by or
licensed to us. This material includes, but is not limited to, the design, layout, look, appearance
and graphics. Reproduction is prohibited other than in accordance with the copyright notice,
which forms part of these terms and conditions. All trademarks reproduced in this website or
application, which are not the property of, or licensed to the operator, are acknowledged on the
website or application. Unauthorized use of this website or application may give rise to a claim
for damages and/or be a criminal offence. From time to time, this website or application may
also include links to other websites or applications. These links are provided for your
convenience to provide further information. They do not signify that we endorse the website(s)
or applications. We have no responsibility for the content on the linked website(s) or
applications. Your use of this website or application and any dispute arising out of such use of
the website or application is subject to the local laws of India.
Privacy:
Please review our Privacy Policy, which also governs your visit to this website and which is
incorporated into the Terms and Conditions.
Site Content:
All material, including images, details, data, illustrations, designs, icons, photographs, audio
clips, video clips, text, software, graphics, scripts, logos, and other materials that are part of this website or application (collectively, the “Content”) is owned exclusively by Kelvin Ecopack, its
affiliates and/or its content providers. The content is protected by copyrights, trademarks,
service marks, trade dress and other intellectual or ownership rights owned by Kelvin Ecopack. Any
rights not expressly granted in the Terms and Conditions are reserved for Kelvin Ecopack. All
contents are for general information purpose only. We reserve the right but do not have any
obligations to monitor, remove, edit, modify or remove any content, in our sole discretion, at any
time for any reason or for no reason at all. All other trademarks and service marks appearing on
any of Kelvin Ecopack’ websites and application that are not owned by Kelvin Ecopack are the property
of their respective owners.
Use of Site – Restrictions:
This website, application, and their content may be used solely for your own personal,
non-commercial use. Any other use of the website or application or the content is strictly
prohibited, including, without limitation, modification, removal, deletion, transmission,
publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling,
duplicating, republication or any other dissemination without the explicit written permission of
Kelvin Ecopack or the owner. You may not use any framing techniques to enclose any trademarks or
logos of Kelvin Ecopack nor use any Meta tags or other hidden text without our prior written consent.
You may not link to the website or application without our prior written consent. Use of spiders,
robots and similar data gathering and extraction tools is prohibited. You may view and print a
copy of the content displayed on the website or application, and download a copy of any content
that is designated for downloading, for your personal use only but you may not alter the content
in any way, including, without limitation, removing or modifying any copyright or other ownership
notices. The rights, title and interest in the content are not transferred to you by copying or
downloading the material.
No Creation of Services Relationship:
The information provided on this website or application is free of charge and for informational
purposes only and does not create a business or professional services relationship between you
and Kelvin Ecopack.
Online Conduct:
You agree to use the website or application only for lawful purposes. You are prohibited from
posting or transmitting to or through the website or application any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any
other material that could give rise to civil or criminal liability under the law. We may disclose any
content or electronic communication of any kind (including your profile, e-mail address and other
information)
- to satisfy any law, regulation, or government request;
- if the disclosure is necessary or appropriate to operate the website; or
- to protect the rights or property of Kelvin Ecopack, its affiliates, and you.
Accuracy of Information:
‘Kelvin Ecopack’ uses reasonable efforts to furnish accurate and up-to-date information, but we do
not guarantee that any information contained in this website or application is accurate,
complete, reliable, current or error-free or that the website or application will be free from
viruses. We also are not responsible for any errors or omissions in this website or application.
Although we may modify the content, make improvements to the website or application or
correct any error or omission at any time and without notice to you, we are not obligated to do
so. We will endeavour to update information in a timely manner but we will not be liable for any
inaccuracies. Any use you make of the information provided on this website is entirely at your
own risk and Kelvin Ecopack will not be liable for any loss of data, lost profits or any other damages
or losses resulting from your use of this website or application.
Links to Third Party Sites:
Links on this website or application may lead to services or websites or applications not
controlled or operated by Kelvin Ecopack. We provide these links for your convenience and
information. Links are not an endorsement of the site or service. We assume no responsibility or
liability for other websites or applications or services. Any use you make of any site or service
linked to by this website or application is entirely at your own risk.
Intellectual Property:
All material at www.kelvinecopack.com and application is protected by copyrights and
trademarks owned by Kelvin Ecopack. Such material includes, but is not limited to, the photographs,
images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and
other materials contained on this website and application, as well as the software used in the
design and development of this website and application. All rights are reserved, worldwide.
Severability:
These Terms of Use and those found in Kelvin Ecopack’ Online Privacy Statement set forth the
entire understanding and agreement between you and Kelvin Ecopack with respect to this website
and application. If any provision of these Terms of Use shall be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of other remaining provisions.
Change in terms of Use:
‘Kelvin Ecopack’ may change or discontinue any aspect of its website or application at any time,
including, its content or features. ‘Kelvin Ecopack’ reserves the right to change the terms and
conditions applicable to the use of the website or application without providing any notice in
advance.
Disclaimer of Warranties – Limitations of Liability:
This website or application and its content are provided by Kelvin Ecopack on an “AS IS” and “AS
AVAILABLE” basis without any representation or warranty of any kind whether express or
implied. Kelvin Ecopack expressly disclaims all express and implied warranties including but not
limited to, implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement. In no event will Kelvin Ecopack be liable to any party for any direct, indirect,
punitive, incidental, compensatory, special, consequential, or other damages of any kind
whatsoever loss of data, income or profit, loss of or damages to property, business interruption,
or loss of or programs or data, arising out odour in connection with this website or application,
any site or services linked through this website or application, or any copying, display or use
thereof, regardless of the legal theory on which the claim is based, even if Kelvin Ecopack has been
advised of the possibility of such damages, including, without limitation, any damages that result
from any mistake, omission, virus, delay or interruption in operation in operation or services
regardless of the reason.. ‘Kelvin Ecopack’ will not be liable for losses or damages arising out of any
way related to any third-party website or application or their content accessed through links in
this website, or application or your use of any equipment or software in connection with this
website or application.
Exclusions and Limitations:
‘Kelvin Ecopack’ does not make any 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 website or application. The website or
application, and all content, material, information, software, products and services provided on
the website or application, is provided on an “as is” and “as available” basis. ‘Kelvin Ecopack’
expressly disclaims all warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. ‘Kelvin Ecopack’ shall have no responsibility for any damage to the user’s
computer system or loss of data that results from the download of any content, material and
information from the website or application. In no event will Kelvin Ecopack be liable for damages of
any kind, including without limitation, direct, incidental or consequential damages (including, but
not limited to, damages for lost profits, business interruption and loss of programs or
information) arising out of the use of or inability to use Kelvin Ecopack’ website or application, or any
information provided on the website or application, or in the products any claim attributable to
errors, omissions or other inaccuracies in the Product or interpretations thereof.
Disclaimer:
The information contained in this website or application is for general purposes only. The
information is provided by Kelvin Ecopack and while we endeavour to keep the information up to
date and correct, we make no representations or warranties of any kind, express or implied.
Through this website or application, you are able to link to other websites. ‘Kelvin Ecopack’ has no
control over the nature, content and availability of these websites. The inclusion of any links
does not necessarily imply a recommendation or endorsement of the views expressed. Logo and names used at this website and application are just for reference, and so are those, which are Primarily illustrative. They are not intended to raise funds. All Kelvin Ecopack’ images used are real.
Limitation of Liability:
To the fullest extent permitted by law, Kelvin Ecopack excludes liability for any direct, indirect,
consequential, special or incidental damage, loss or expense, whether caused by negligence or
otherwise, which has arisen directly or indirectly from your use of, or reliance on, any
information or material contained in any website owned and/or operated by any third party
accessed using a reference from this website or application whether by hypertext link, bookmark
recommendation or otherwise, in all the above cases whether or not Kelvin Ecopack has been
notified of the possibility of such damage, loss or expense. ‘Kelvin Ecopack’ inclusion of hypertext
links does not imply any endorsement of any material on linked sites nor does Kelvin Ecopack vouch
for its accuracy of content and opinions expressed therein. Every effort is made to keep the
website and the application up and running smoothly. However, Kelvin Ecopack takes no
responsibility for, and will not be liable for, the website or application being temporarily
unavailable.
Indemnification:
You agree to indemnify and hold harmless Kelvin Ecopack from any third party claim, action,
demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your
violation of these Terms and Conditions, your use of the website or application or your violation
of any rights of a third party.
Remedies for Violations:
‘Kelvin Ecopack’ reserves the right to seek all remedies available at law and in equity for violations of
these Terms and Conditions, including but not limited to the right to block access from a
particular IP address.
Confidentiality:
‘Kelvin Ecopack’ will treat all information regarding you as confidential. ‘Kelvin Ecopack’ will not in the
ordinary course disclose any information that it holds about you except in the following
circumstances: 1. Where Kelvin Ecopack is compelled to do so under the Indian law; 2. Where you
have provided your prior written authorization to do so; 3. Where Kelvin Ecopack requires to do so;
or 4. Where it is in the public interest to do so. 5. Where Kelvin Ecopack needs to disclose
information to other financial institutions. ‘Kelvin Ecopack’ may be required to disclose information about you to third parties to facilitate the provision of services to you. You may not use or export
or re-export the Information or any copy or adaptation in violation of any applicable laws or
regulations, including export laws and regulations in force from time to time.
No Warranties:
‘Kelvin Ecopack’ and any of its affiliates, subsidiaries, officers, directors, employees or agents
provide the website or application and the Information on an “as is” basis and do not make any
express or implied warranties, representations, endorsements or conditions with respect to the
website or application or the information, including without limitation, warranties as to
merchantability, operation, non-infringement, usefulness, completeness, accuracy, correctness,
reliability and fitness for a particular purpose. Further, Kelvin Ecopack does not represent or warrant
that the website or application will be available and meet your requirements, that access will be
uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted
information, that no viruses or other contaminating or destructive properties will be transmitted
or that no damage will occur to your computer system. You have sole responsibility for adequate
protection and backup of data and/or equipment and to take reasonable and appropriate
precautions to scan for computer viruses or other destructive properties.
Forward-looking Statements:
The website or application may from time to time contain forward-looking statements that
include information about Kelvin Ecopack’ financial prospects, plans and objectives of management
for future operations, economic conditions, trends and known uncertainties. The user is hereby
cautioned that actual results could differ materially from those that Kelvin Ecopack expects,
depending on the outcome of certain factors. ‘Kelvin Ecopack’ does not undertake any obligation to
correct or update any forward-looking statements on the website or application.
Trademarks and Copyrights:
‘Kelvin Ecopack’ reserves all copyright, trademark, patent, intellectual and other property rights in the
information contained in this website or application and to all company specific logos and
services logos and no express or implied license is granted to any other party in respect thereof.
Any unauthorized access, use or reproduction of the information or proprietary rights contained
in this website or Application is strictly prohibited and is subject to legal action as provided in
applicable laws. No information on this website or application should be reproduced or
distributed without the prior written consent of Kelvin Ecopack. Information is for your personal use
only. Any unauthorized downloading, re-transmission or other copying or modification of
trademarks and/or the content of the website or application may be a violation of any law that
may apply to trademarks and/or copyrights and could subject the copier to legal action.
No Liability:
‘Kelvin Ecopack’ is not responsible for and will not be liable to you or anyone else for any damages
whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive
damages) arising out of or in connection with your use of or inability to use the website or
application or the information, or any action or decision made by you in reliance on the website
or application or the information, or any unauthorized use or reproduction of the website or
application or the information, even if Kelvin Ecopack has been advised of the possibility of these
damages.
Feedback and Other Suggestions:
All feedback, ideas and other suggestions submitted by you through this website or application
will be treated as non-confidential and non-proprietary and may be disclosed or used by
Kelvin Ecopack for any purpose whatsoever, without any obligation to compensate you. All personal
data provided to Kelvin Ecopack will be handled in accordance with our Privacy Policy.
Dispute Resolution:
Any claim or controversy related to these Terms and Conditions or relating to this website or
application (with the exception of injunctive relief sought by HQ), will be settled by arbitration in
accordance with the Arbitration and Conciliation Act, 1966. The location of arbitration will be in
Kolkata, India. The decision of the arbitrator will be binding on the parties To the fullest extent
permitted by applicable law.
Jurisdiction:
‘Kelvin Ecopack’ controls and maintains this website or application from Kolkata. ‘Kelvin Ecopack’ makes
no representation that the information and material contained in this website or application are
appropriate or permitted for use in jurisdictions outside India. Any and all disputes and/or
differences arising out of or in connection with this partnership shall be subject to the exclusive
jurisdiction of the courts at Kolkata, West Bengal.
Miscellaneous:
If there is a determination that any provision of these Terms and Conditions is invalid or
unenforceable, that determination will not affect the rest of these Terms and Conditions.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of this website or application or under these Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose or be forever barred. The section
titles in these Terms and Conditions are for convenience only and have no legal or contractual
effect.
Contact:
In the event of any question relating to this website and Application, you may contact us at:
+91 98300 27857 or email us at sales@kelvinecopack.com