“BOYCE” - Boyce Carbon, an Indian company, having its registered office in 334, Puliyakulam Road, Opp. Carmel Garden School, Coimbatore 641045.(TN) INDIA.
"User" or "you" - each person, persons or entity who establish a connection to or access the Website or the Service.
"Website" or "Site" - This web site and any other web sites owned, operated or sponsored by BOYCE or any of BOYCE’s subsidiaries or affiliates on the world wide web of the Internet.
"Content" or "Materials" - any contents, materials, text, documents, forms, information, data, know-how, descriptions, listings (including, without limitation, product and/or services listings or descriptions), presentations, massages, images, graphics, logos, symbols, design, drawings, pictures, icons, music and audio files, films and video files and other files of any kind, and the selection and arrangement thereof, and any other information provided from or on BOYCE’s Websites and/or uploaded thereto, including all software, products, and services included or listed in, or available through, the Website.
"Service" - All the services and information granted or available at the Website.
1. Acceptance of Terms through access and use
1. Website operation
4.1. BOYCE reserves the right to discontinue or to change any aspect or feature of the Service\Site, including, without limitation, Content, hours of availability, and hardware or software needed for access or use. BOYCE may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
4.2. BOYCE reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BOYCE.
1. User's Conduct
5.2. Our Website and its content are owned and operated by BOYCE. Our Website's content is copyrighted and protected by Indian and worldwide copyright laws and treaty provisions. In addition, our Website content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No content from this Website may be copied, reproduced , republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Website on any other server. The sole exceptions to these restrictions are if:
Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials
Submissions of information by User
BOYCE does not want you to, and you should not, send any confidential or proprietary information to BOYCE through BOYCE’s Websites which are not specifically allowing and providing for its receipt and protection. If you transmit to or post on BOYCE’s Website any Material, data, information or idea by any means, it will be treated as non-confidential and nonproprietary and may be disseminated or used by BOYCE for any purpose.
1. Proprietary information, Intellectual Property, Copyrights
7.1. You acknowledge and agree that all Content available on this Website is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, laws and treaty provisions. All copyrighted and copyrightable materials on this Website, including, without limitation, the Content (the "Copyrighted Materials"), are BOYCE's intellectual property, proprietary to BOYCE, and are copyrighted, ALL RIGHTS RESERVED Copyright © 2009 Boyce Carbon. and/or third-party licensors.
7.2. Except as stated herein, none of the Copyrighted Materials may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.
The sole exceptions of these restrictions are that you either received the prior written consent of BOYCE or the respective copyright owner; and, the authorization granted hereby to print or download one copy of the materials or content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
1. Trademarks and Service Marks
8.1. The trademarks, service marks, and logos used and displayed on BOYCE’s Website are BOYCE’s registered and unregistered trademarks. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without BOYCE’s written permission.
8.2. The name of BOYCE CARBON., BOYCE's divisions' names or parent company (i.e., Lyric Labs, Boyce Purification Systems, Boyce Water Solutions, etc.), their logos, symbols, brand-names, and product markings, and the products and services described in this Website (except those belonging to BOYCE suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by BOYCE, and may not be copied, imitated or used in any way, in whole or in part, without the prior written permission of BOYCE.
8.3. You are not authorized to use BOYCE’s logo as a hyperlink to BOYCE’s Site unless you obtain BOYCE’s written permission from the Boyce Authority in INDIA in advance.
8.4. All page headers, custom graphics, button icons, and scripts (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page), are service marks, trademarks, and/or trade dress owned by BOYCE, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BOYCE.
8.5. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners.
1. Third-Party Content
10.1. As a convenience to you, BOYCE may provide links or pointers to other web sites operated by third parties. The links to third party web sites are provided for your convenience and information only. These sites may contain information or material that are incorrect, inaccurate, misleading, deceptive, not up-to-date, or that some people may find inappropriate, discriminating or offensive. These other sites are not under the control of BOYCE, and you acknowledge that BOYCE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or any link contained in such linked sites, or any review, changes or updates to such sites. The inclusion of such a link does not imply endorsement of the site by BOYCE or any association with its operators. BOYCE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of said third-party sites accessible by hyperlink from this Website, or third-party sites linking to this Website. Due to the above, if you decide to visit any linked site, you do so entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BOYCE reserves the right to terminate a link to a third party web site at any time.
10.2. If a third party links to BOYCE’s Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with BOYCE. In most cases, BOYCE is not aware that a third party has linked to its Website.
1. Material Disclosure
11.1 The use of this Website and the access to information through it are services granted to the Users with commercial transactions that you or your business has with BOYCE. You or your business are herein authorized use of the Website and access to information through it, for the sole purpose of carrying out such commercial transaction with BOYCE. Use of the Website and access to information through it for any other purpose is strictly prohibited by these Terms and Conditions.
All the Contents presented or included in this Website shall not be deemed nor considered as any obligation, admission, acknowledgement, declaration, statement or representation on behalf of BOYCE and shall not obligate BOYCE in any manner whatsoever. Any such Content shall not serve as evidence against BOYCE in the frame of any legal proceedings of any nature and any submission of such Content to any third party, including any legal instance, is hereby forbidden and shall have no effect whatsoever.
In addition and without derogating from the above, it is hereby clarified that the User of this Website shall be responsible for any use of it, and BOYCE accepts no liability or responsibility whatsoever, and any User shall have no recourse against BOYCE for, any expense, loss or damage (including loss of use and/or profit and incidental and/or consequential damages) suffered by any User of the Content contained on this Website and/or in relation thereto and/or by any third party, for any reason whatsoever. Without derogating Tom the generality of the above, BOYCE does not guarantee the correctness, accuracy, completeness and the keeping up-to-date of any Content contained in this Website.
11.2. BOYCE may provide links to third-party web sites or services that contain financial or other information about BOYCE or general financial or other information relating to BOYCE's business, markets, activities or performances, including, but not limited to, Indian governmental web sites. Access to such web sites and the information contained therein is provided as service to those interested in the information. BOYCE neither regularly monitors nor has control over the content of third parties' statements or web sites. Accordingly, BOYCE does not endorse or adopt these web sites or any information contained therein. BOYCE makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of said third-party web sites or other third-party information that is identified on the Website. Users visit these web sites and use the information contained therein at their own risk.
1. Limitation of liability; Warranty disclaimer
Our Website is provided to you without charge as a convenience and for your information only. By providing access to our Website content, BOYCE does not warrant or represent that:
BOYCE does not assume any liability for these matters. In other words, you use our Website at your own risk. Under no circumstances, including, but not limited to, negligence, shall BOYCE liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit, business interruption and/or loss or damage to hardware or software arising out of the use or the inability to use the content of this Website, even if one of our representatives has been advised of the possibility of your damages. If your use of our Website results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Our Website content is provided "as is" and without warranties of any kind, either expresses or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose.
User shall have no recourse against BOYCE for, and hereby undertakes to defend, Indemnify and hold harmless BOYCE and its subsidiary and other affiliated Companies, and their employees, contractors, officers, and directors from and Against any and all liabilities and claims whatsoever (whether arising in contract, Tort or otherwise, including negligence of any degree, and strict liability) for or in Respect of any loss (including loss of use and/or profit), expense (including Attorneys fees), liability and damage of any kind, which may at any time be Suffered or incurred from your use or misuse of this Website and/or Services. BOYCE Reserves the right, at it own expense, to assume the exclusive defense and control Of any matter otherwise subject to indemnification by you, in which event you Will cooperate with BOYCE in asserting any available defenses.
1. International Use
This site is controlled, operated and administered by BOYCE from its offices in India. BOYCE makes no representation that content or materials in the Site are appropriate or available for use in other locations outside India. Access to BOYCE’s Site content or materials from locations where such access is illegal, is prohibited. If you choose to access this Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws. BOYCE is not responsible for any law violations.
If any provision of this Terms shall be found or be held to be invalid or unenforceable, the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Terms, which shall remain in full force and the effect the validity, legality or enforceability of the remaining provisions shall not in any way be affected nor impaired thereby.
1. Governing Law; Jurisdiction
1. Entire Agreement; Amendment and Waiver
1. Further agreements and obligations
18.1. BOYCE shall not have any obligation or liability of any kind, other than those Expressly provided for under this Terms, to the other party, arising in connection with the use and/or subscription to the Websites and/or in connection thereto.
18.2. Neither the course of conduct between the parties nor trade practice shall Act to modify any provision of these Terms
Notwithstanding any of these Terms, BOYCE reserves the right, in its sole discretion, to block or prevent your access to the Website any part thereof, with or without notice. In addition, BOYCE shall have the right immediately to terminate User's use of the Service/Site in the event of any conduct by User which BOYCE, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Terms. The disclaimer of warranties and indemnification provisions of these Terms shall survive such termination.