Terms and conditions
of use
1. Introduction
1.1 These terms and
conditions shall govern your use of our website.
1.2 By using our
website (www.alajwastore.com), you accept these terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part of
these terms and conditions, you must not use our website.
1.3 If you [register
with our website, submit any material to our website or use any of our website
services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at
least [18] years of age to use our website; by using our website or agreeing to
these terms and conditions, you warrant and represent to us that you are at
least [18] years of age.
1.5 Our website uses
cookies; by using our website or agreeing to these terms and conditions, you
consent to our use of cookies in accordance with the terms of our [privacy and
cookies policy].
2. Credit
2.1 This document was
created using a template from SEQ Legal (http://www.seqlegal.com).
You must retain the above credit. Use of this
document without the credit is an infringement of copyright. However, you can
purchase from us an equivalent document that does not include the credit.
3. Copyright notice
3.1 Copyright (c) 2016
www.alajwastore.com
3.2 Subject to the
express provisions of these terms and conditions:
(a) we, together
with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
(b) all the
copyright and other intellectual property rights in our website and the
material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages
from our website in a web browser;
(b) download
pages from our website for caching in a web browser;
(c) print pages
from our website;
(d) [stream audio
and video files from our website]; and
(e) [use [our
website services] by means of a web browser],
subject to
the other provisions of these terms and conditions.
4.2 Except as expressly
permitted by Section 4.1 or the other provisions of these terms and conditions,
you must not download any material from our website or save any such material
to your computer.
4.3 You may only use
our website for [your own personal and business purposes], and you must not use
our website for any other purposes.
4.4 Except as
expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
4.5 Unless you own or
control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell, rent or
sub-license material from our website;
(c) show any
material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
4.6 Notwithstanding
Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].
4.7 We reserve the
right to restrict access to areas of our website, or indeed our whole website,
at our discretion; you must not circumvent or bypass, or attempt to circumvent
or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our
website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability or accessibility of the
website;
(b) use our
website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) use our
website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;
(d) conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(e) access or
otherwise interact with our website using any robot, spider or other automated
means, except for the purpose of search engine indexing;
(f) violate the
directives set out in the robots.txt file for our website; or
(g) use data
collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use
data collected from our website to contact individuals, companies or other
persons or entities.
5.3 You must ensure
that all the information you supply to us through our website, or in relation
to our website, is [true, accurate, current, complete and non-misleading].
6. Registration and accounts
6.1 To be eligible
for [an account] on our website under this Section 6
6.2 You may register
for an account with our website by [completing and submitting the account
registration form on our website].
6.3 You must not
allow any other person to use your account to access the website.
6.4 You must notify
us in writing immediately if you become aware of any unauthorised use of your
account.
6.5 You must not use
any other person's account to access the website, [unless you have that
person's express permission to do so].
7. User login details
7.1 If you register
for an account with our website, [we will provide you with] OR [you will be
asked to choose] [a user ID and password].
7.2 Your user ID must
not be liable to mislead and must comply with the content rules set out in
Section 10; you must not use your account or user ID for or in connection with
the impersonation of any person.
7.3 You must keep
your password confidential.
7.4 You must notify
us in writing immediately if you become aware of any disclosure of your
password.
7.5 You are
responsible for any activity on our website arising out of any failure to keep
your password confidential, and may be held liable for any losses arising out
of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) [suspend your
account];
(b) [cancel your
account]; and/or
(c) [edit your
account details],
at any time
in our sole discretion without notice or explanation.
8.2 You may cancel
your account on our website [using your account control panel on the website].
9. Your content: licence
9.1 In these terms
and conditions, "your content" means [all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit
to us or our website for storage or publication on, processing by, or
transmission via, our website].
9.2 You grant to us a
[worldwide, irrevocable, non-exclusive, royalty-free licence] to [use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media] OR [reproduce, store and publish your content on and
in relation to this website and any successor website] OR [reproduce, store
and, with your specific consent, publish your content on and in relation to
this website].
9.3 You grant to us
the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us
the right to bring an action for infringement of the rights licensed under
Section 9.2.
9.5 You hereby waive
all your moral rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other moral rights in
your content have been waived to the maximum extent permitted by applicable
law.
9.6 You may edit your
content to the extent permitted using the editing functionality if made
available on our website.
9.7 Without prejudice
to our other rights under these terms and conditions, if you breach any
provision of these terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any way, we may delete,
unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and
represent that your content will comply with these terms and conditions.
10.2 Your content must
not be illegal or unlawful, must not infringe any person's legal rights, and
must not be capable of giving rise to legal action against any person (in each
case in any jurisdiction and under any applicable law).
10.3 Your content, and
the use of your content by us in accordance with these terms and conditions,
must not:
(a) be libellous
or maliciously false;
(b) be obscene or
indecent;
(c) infringe any
copyright, moral right, database right, trade mark right, design right, right
in passing off, or other intellectual property right;
(d) infringe any
right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute an
incitement to commit a crime, [instructions for the commission of a crime or
the promotion of criminal activity];
(g) be in
contempt of any court, or in breach of any court order;
(h) be in breach
of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be in breach
of official secrets legislation;
(k) be in breach
of any contractual obligation owed to any person;
(l) [depict
violence [in an explicit, graphic or gratuitous manner]];
(m) [be
pornographic, [lewd, suggestive or sexually explicit]];
(n) [be untrue,
false, inaccurate or misleading];
(o) [consist of
or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage];
(p) [constitute
spam];
(q) [be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory]; or
(r) [cause
annoyance, inconvenience or needless anxiety to any person].
11. Limited warranties
11.1 We do not warrant
or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that the
material on the website is up to date; or
(c) that the
website or any service on the website will remain available.
11.2 We reserve the
right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms
and conditions, you will not be entitled to any compensation or other payment
upon the discontinuance or alteration of any website services, or if we stop
publishing the website.
11.3 To the maximum
extent permitted by applicable law and subject to Section 12.1, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these
terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law.
12.2 The limitations
and exclusions of liability set out in this Section 12 and elsewhere in these
terms and conditions:
(a) are subject
to Section 12.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
12.3 To the extent that
our website and the information and services on our website are provided free
of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
12.5 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be
liable to you in respect of any loss or corruption of any data, database or
software.
12.7 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage.
12.8 You accept that we
have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
13. Breaches of these terms and conditions
13.1 Without prejudice
to our other rights under these terms and conditions, if you breach these terms
and conditions in any way, or if we reasonably suspect that you have breached
these terms and conditions in any way, we may:
(a) send you one
or more formal warnings;
(b) temporarily
suspend your access to our website;
(c) permanently
prohibit you from accessing our website;
(d) [block
computers using your IP address from accessing our website];
(e) [contact any
or all of your internet service providers and request that they block your
access to our website];
(f) commence
legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend or
delete your account on our website].
13.2 Where we suspend
or prohibit or block your access to our website or a part of our website, you
must not take any action to circumvent such suspension or prohibition or
blocking [(including without limitation [creating and/or using a different
account])].
14. Variation
14.1 We may revise
these terms and conditions from time to time.
14.2 [The revised terms
and conditions shall apply to the use of our website from the date of
publication of the revised terms and conditions on the website, and you hereby
waive any right you may otherwise have to be notified of, or to consent to,
revisions of these terms and conditions.] OR [We will give you written notice
of any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using our website.]
14.3 If you have given
your express agreement to these terms and conditions, we will ask for your
express agreement to any revision of these terms and conditions; and if you do
not give your express agreement to the revised terms and conditions within such
period as we may specify, we will disable or delete your account on the
website, and you must stop using the website.
15. Assignment
15.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
15.2 You may not
without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.
16. Severability
16.1 If a provision of
these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.
16.2 If any unlawful
and/or unenforceable provision of these terms and conditions would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under
these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
17.2 The exercise of
the parties' rights under a contract under these terms and conditions is not
subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section
12.1, these terms and conditions, [together with [our privacy and cookies
policy],] shall constitute the entire agreement between you and us in relation
to your use of our website and shall supersede all previous agreements between
you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and
conditions shall be governed by and construed in accordance with [Indian law].
19.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [India].