WEB-ORDER APPLICATION TERMS &
CONDITIONS
BETWEEN
KNAUF INDIA PRIVATE LIMITED (‘USG KNAUF’)
AND
USER (‘YOU’ OR ‘PURCHASER’) OF THE
WEB-ORDER APPLICATION
1. CONFIDENTIALITY
The information in the Web-order Application is proprietary to USG KNAUF India
and must be treated by all users as a trade secret of KNAUF India.This
confidential information includes any manuals or documentation that USG KNAUF
India provides you with including, but not limited to: catalogues, rate-cards,
charts, diagrams, source codes, identification numbers and passwords. This
information should not be disclosed to any non-employee without prior written
consent of USG KNAUF India and should only be given to your employees who "need
to know" the information in order to use the Web-order Application. You are
expected to instruct your employees regarding the importance of maintaining any
information in connection with the Web-order Application as confidential.
USG KNAUF India will look to you for reimbursement if it suffers any loss
resulting from any of your employees' unauthorized reproduction, sale, use,
disclosure or other distribution of any confidential information.
2. LIMIT OF LIABILITY
USG KNAUF INDIA SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, DIRECT
OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN
CONNECTION WITH OR ARISING OUT OF THE FAILURE TO FURNISH, THE PERFORMANCE OF, OR
THE USE OF, ANY PART OF THE WEB-ORDER APPLICATION, OR FOR ANY MISCONDUCT OR ANY
INFRINGEMENTS RESULTING THEREFROM.
3. TERMINATION
Either you or USG KNAUF India may terminate your use of the Web-order
Application for any reason with 7 (seven) days of advance notice. In order to
protect all of the users of the Web-order Application, USG KNAUF India also has
the right to immediately terminate your, or any other firms’, use of the
Web-order Application if (1) it is used for any unlawful or illegal purpose, (2)
if the Purchaser breaches or attempts to breach the security of the Web-order
Application or (3) if, in USG KNAUF India's sole opinion, the Purchaser’s
telecommunications or computer/online system unreasonably interferes with
USG KNAUF India's normal computer operations. Also, if for any reason your
payments are delinquent; USG KNAUF India may immediately terminate your use of
the Web-order Application.
4. MISCELLANEOUS
The laws of Union Territory of India shall govern this agreement and is subject
to the jurisdiction of the courts of law in Mumbai. These terms and conditions
constitute the entire agreement between the Purchaser and USG KNAUF India, and
it can only be modified with written approval from USG KNAUF India.