Terms & Conditions
Update 15-05-2023
Legal Name Of The Company: Abms Multinational Trading Private Limited
1.
Use of Platform
Welcome
to www.abmsmultinational.com ( "Site" or "Abms " ).
The website www. abmsmultinational.com is owned and operated by Abms
Multinational Trading Pvt Ltd, and the retail stores ,a company incorporated
under the provisions of the Companies Act, 2013 with its registered office at C/O. Younus Ali
Santalpara, VILL PO-CHOA, Hariharpara,Murshidabad, West Bengal, 742166 India and operational office Old Sbi Bulding,Bhakuri,Berhampore,Murshidabad,West
Benagl,pin-742165. Abms is referred to the Site and
retail stores are together referred as Platform. You may be accessing our Site
from a computer or mobile phone device (through an iOS or Android application,
for example) and these Terms of Use govern your use of our Site and your
conduct, regardless of the means of access. You may also be using our
interactive services (" Interactive Services "), such as our
Beauty and Health Suggestionsa, Beauty & Health Book etc. and the Beauty&
Health Services wherein you can book any beauty & health service provided
by our beauty & health partners
(" Beauty & Health Services ") and these Terms
of Use also govern your use of the Interactive and Beauty & Health Services. These Terms of Use govern all the
products offered on the Platform including the Interactive and Beauty &
Health Services.
The Platform is only to be used for your personal non-commercial use and
information. Your use of the services and features of the Platform shall be
governed by these Terms and Conditions (hereinafter " Terms of Use ")
along with the Privacy Policy, Shipping Policy and Cancellation, Refund and
Return Policy (together " Policies ") as modified and amended
from time to time.
By mere accessing or using the Platform, you are acknowledging, without
limitation or qualification, to be bound by these Terms of Use and the Polices,
whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE
USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND
CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING . If you do not agree to any of the terms enumerated in the
Terms of Use or the Policies, please do not use the Platform. You are
responsible to ensure that your access to this Platform and material available
on or through it are legal in each jurisdiction, in or through which you access
or view the platform or such material.
ABMS reserves the unilateral right to change the particulars contained in the
Terms of Use or the Policies from time to time and at any time, without notice
to its users and in its sole discretion. If ABMS decides to change the Terms of
Use or Policies, ABMS will post the new version of the Terms of Use or the
Policies on the Site and update the date specified above. Any change or
modification to the Terms of Use and the Policies will be effective immediately
from the date of such upload of the Terms of Use and Policies on the Site. Your
continued use of the Platform following the modifications to the Terms of Use
and Policies constitutes your acceptance of the modified Terms of Use and
Policies whether or not you have read them. For this reason, you should
frequently review these Terms of Use, our Guidelines and Rules and any other
applicable policies, including their dates, to understand the terms and
conditions that apply to your use of the Site.
2.
Privacy Practices
We understand the importance of
safeguarding your personal information and we have formulated a Privacy Policy,
to ensure that your personal information is sufficiently protected. Apart from
these Terms of Use, the Privacy Policy shall also govern your visit and use of
the Site. Your continued use of the Site implies that you have read and
accepted the Privacy Policy and agree to be bound by its terms and conditions.
You consent to the use of personal information by ABMS in accordance with the
terms of and purposes set forth in the Privacy Policy, the same may be subject
to amendment from time to time at the sole discretion of ABMS.
3.
Your Account
This Site is directed to be used by
adults only. We assume that any minor, if at all, accessing our Site is under
the supervision of their guardians. ABMS or its associates do not knowingly
collect information from minors. You will be responsible for maintaining
confidentiality of your account, password, and restricting access to your
computer, and you hereby accept responsibility for all activities that occur
under your account and password. You acknowledge that the information you
provide, in any manner whatsoever, are not confidential or proprietary and does
not infringe any rights of a third party in whatsoever nature
If you are accessing, browsing and
using the Site on someone else’s behalf; you represent that you have the
authority to bind that person to all the terms and conditions herein. In the
event that the person refuses to be bound as the principal to the Terms of Use,
you agree to accept liability for any harm caused by any wrongful use of the
Site resulting from such access or use of the Site in whatsoever nature
If you know or have reasons to
believe that the security of your account has been breached, you should contact
us immediately at the 'Contact Information' provided below. If we have found a
breach or suspected breach of the security of your account, we may require you
to change your password, temporarily or permanently block or suspend your account
without any liability to ABMS.
We reserve the right to refuse
service and/or terminate accounts without prior notice if these Terms of Use
are violated or if we decide, in our sole discretion, that it would be in ABMS
best interests to do so. You are solely responsible for all contents that you
upload, post, email or otherwise transmit via the Site.The information provided
to us shall be maintained by us in accordance with our Privacy Policy.
4.
Product & Services Information
ABMS attempts to be as accurate as
possible in the description of the product on the Platform. However, ABMS does
not warrant that the product description, colour, information or other content
of the Platform is accurate, complete, reliable, current or error-free. The
Site may contain typographical errors or inaccuracies and may not be complete
or current. The product pictures are indicative and may not match the actual
product.
ABMS reserves the right to correct,
change or update information, errors, inaccuracies or omissions at any time
(including after an order has been submitted ) without prior notice. Please
note that such errors, inaccuracies or omissions may also relate to pricing and
availability of the product or services.
5.
Product Use & Services
The products and services available
on the Platform, and the samples, if any, that Platform may provide you, are
for your personal and/or professional use only. The products or services, or
samples thereof, which you may receive from us, shall not be sold or resold for
any/commercial reasons.
In case any products / received /
availed causes side effects or doesn’t suit you, please note that ABMS is in no
manner responsible for any manufactural side-effects or service provider and
manufacturer or service provider of the product or service shall be solely
responsible for such side effects and consumer complaints. You should carefully
read the individual terms and conditions in relation to the products and beauty
services and consult a specialist before the use of the same.
6.
Recommendation of the Product & Services
Any recommendation made to you in
the Site during the course of your use of the Site is purely for informational
purposes and for your convenience and does not amount to endorsement of the
product or services by ABMS or any of its associates in any manner.
7.
Pricing Information
ABMS strives to provide accurate
product and pricing information, however errors may occur.
ABMS cannot confirm the price of the
product until you make the order. Without limiting the generality of Clause 8
(Cancellations, Refunds and Returns) below, if a product / service is listed at
an incorrect price or with incorrect information due to any technical error, ABMS
shall have the right, at its sole discretion, to refuse or cancel any orders
placed for that product/ service, unless the product has already been delivered
or the service has already been availed by you. In the event that an item is
wrongly priced, ABMS may, at its discretion, either contact you for
instructions or cancel your order and notify you of such cancellation. Unless
the product ordered by you has been delivered and the services are availed,
your offer will not be deemed accepted and ABMS will have the right to modify
the price of the product/ service and contact you for further instructions
using the e-mail address provided by you during the time of registration or
placing of order, or cancel the order and notify you of such cancellation. In
the event that ABMS accepts your order the same shall be debited to your credit
card/ debit card account and duly notified to you by email that the payment has
been processed. The payment may be processed prior to ABMS dispatch of the
product that you have ordered. If we have to cancel the order after we have
processed the payment, the said amount will be reversed to your credit / debit
card account.
PRICES AND AVAILABILITY OF THE
PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE
WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF ABMS. ABMS may revise and cease to make available any product/
services at anytime. In the event, ABMS is unable to deliver the product to you
on time or at all, you will be notified by an e-mail and your order will be
automatically cancelled due to unavailability of the product or at your
instructions due to failure to deliver the product on the expected time of
delivery by our delivery partners. ABMS shall not be liable to pay for any
damages in such an event owing to cancellation of the order or delay in
delivery.
8.
Cancellations, Refunds and Returns
Please refer to our Cancellation,
Refunds and Returns Policy provided
on our Site.
9.
Mode of Payment
Payments for the products available
on the Site may be made in the following ways:
10.
Shipping and Delivery
Please refer to our Shipping
and Delivery Policy provided on our Site, as amended
from time to time.
11.
User Content
The information, photo, image, chat
communication, text, software, data, music, sound, graphics, messages, videos
or other materials transmitted, uploaded, posted, emailed or otherwise made
available to us (" User Content "), are entirely your
responsibility and we will not be held responsible, in any manner whatsoever,
in connection to the User Content. You agree to not encourage or assist or
engage others as well as yourself in transmitting, hosting, displaying,
uploading, modifying, publishing transmitting, updating or sharing any
information that
1.
belongs to another person and to
which the user does not have any right to;
2.
is grossly harmful, harassing,
blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive
of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, trolling,
propoganda or otherwise unlawful in any manner whatever;
3.
harm minors in any way;
4.
infringes any patent, trademark,
copyright or other proprietary rights;
5.
violates any law for the time being
in force;
6.
deceives or misleads the addressee
about the origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
7.
impersonate another person;
8.
contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer resource;
9.
threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognizable offence
or prevents investigation of any offence or is insulting any other nation.
ABMS shall in no way be held
responsible for examining or evaluating User Content, nor does it assume any
responsibility or liability for the User Content. ABMS does not endorse or
control the User Content transmitted or posted on the Site by you and
therefore, accuracy, integrity or quality of User Content is not guaranteed by ABMS.
You understand that by using the Site, you may be exposed to User Content that
is offensive, indecent or objectionable to you. Under no circumstances will ABMS
be liable in any way for any User Content, including without limitation, for
any errors or omissions in any User Content, or for any loss or damage of any
kind incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site. You hereby
waive all rights to any claims against ABMS for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with User Content.
You hereby acknowledge that ABMS has
the right (but not the obligation) in its sole discretion to refuse to post or
remove any User Content and further reserves the right to change, condense, or
delete any User Content. Without limiting the generality of the foregoing or
any other provision of these Terms and Conditions, ABMS has the right to remove
any User Content that violates these Terms and Conditions or is otherwise
objectionable and further reserves the right to refuse service and/or terminate
accounts without prior notice for any users who violate these Terms and
Conditions or infringe the rights of others.
If you wish to delete your User
Content on our Site or in connection with our mobile applications, please
contact us by email at support@abmsmultinational.com and request you to include the following personal
information in your deletion request: first name, last name, user name/screen
name (if applicable), email address associated with our Site and/or mobile
applications, your reason for deleting the posting, and date(s) of posting(s)
you wish to delete (if you have it). We may not be able to process your
deletion request if you are unable to provide such information to us. Please allow
up to 30 business days to process your deletion request.
12.
Intellectual Property Rights
The "Abms", name
and logo and all related product and service names, design marks and slogans
are the trademarks, logos or service marks (hereinafter referred to as "Marks"
) of ABMS. All other Marks provided on the Site are the property of their
respective companies. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does
not authorize anyone to use any Marks in any manner. Marks displayed on this
Site, whether registered or unregistered, of ABMS or others, are the
intellectual property of their respective owners, and ABMS shall not be held
liable in any manner whatsoever for any unlawful, unauthorized use of the
Marks.
ABMS and its suppliers and licensors
expressly and exclusively reserve all the intellectual property rights in all
text, programs, products, processes, technology, content, software and other
materials, which appear on this Site, including its looks and feel. The
compilation (meaning the collection, arrangement and assembly ) of the content
on the Site is the exclusive property of ABMS and are protected by the Indian
copyright laws and International treaties. Consequently, the materials on this
Site shall not be copied, reproduced, duplicated, republished, downloaded,
posted, transmitted, distributed or modified in whole or in part or in any
other form whatsoever, except for your personal, non-commercial use only. No
right, title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying, reproducing,
duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images,
text, illustrations, designs, icons, photographs, programs, music clips,
downloads, video clips and written and other materials that are part of this
Site (collectively, the "Contents " ) are intended solely for
personal, non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Site for your personal use only. We
also grant you a limited, revocable, non-transferable, and non-exclusive
license to create a hyperlink to the home page of the Site for personal,
non-commercial use only. The Contents and software on this Site are to be used
only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, re-publication, display, or
performance, of the Contents on this Site is strictly prohibited. Unless ABMS
explicitly provides to the contrary, all Contents are copyrighted, trademarked,
trade dressed and/or other intellectual property owned, controlled or licensed
by ABMS, any of its affiliates or by third parties who have licensed their
materials to ABMS and are protected by Indian copyright laws and international
treaties.
13.
Limited License
ABMS grants you limited,
non-exclusive, non-transferable, non-sublicensable license to access, and make
personal and non commercial use of the Site. All rights not expressly granted
to you in these Terms of Use, are reserved and retained by the Site and its
affiliates.
ABMS reserves the right, at any
time, without notice, and at its sole discretion, to terminate your license to
use the Site and to block and prevent your future access the Site.
14.
Representations and Warranties
This Site is provided to you
"AS IS". We make no representations regarding the use of or the
result of the use/depiction of the Contents on the Site in terms of their
correctness, accuracy, reliability, or otherwise. ABMS shall not be liable for
any loss suffered in any manner by the user as a result of depending directly
or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is
provided only on the basis set out in the Terms of Use. Your uninterrupted
access or use of this Site on this basis may be prevented by certain factors
outside our reasonable control including, without limitation, the
unavailability, inoperability or interruption of the internet or other
telecommunications services or as a result of any maintenance or other service
work carried out on this Site.
ABMS shall have the right, at any
time, to change or discontinue any aspect or feature of the Site, including,
but not limited to, content, hours of availability and equipment needed for
access or use. Further, the Site may discontinue disseminating any portion of
information or category of information. ABMS does not accept any responsibility
and will not be liable for any loss or damage whatsoever arising out of or in
connection with any ability/inability to access or to use the Site.
ABMS through the Site intends to
provide its users with general information about beauty and healthcare and
personal topics and products. The Site encourages its users to interact with ABMS
and its employees by asking questions that enables the user to obtain
information of a general nature pertaining to beauty and healthcare and
personalcare topics. The postings on the Site or on social networking sites,
including the Site’s Facebook page, or any information provided over chat or
e-mails exchanged with ABMS, its employees or representatives (collectively
referred to as " Information ") which are in furtherance of
any communication made by the user with ABMS, its employees or representatives
is based on the background provided by the user. The Information is not
intended to constitute personal medical suggestion or be used for any medical
diagnosis or treatment. While ABMS takes reasonable care to ensure that the
Information is accurate, ABMS makes no representation and takes no
responsibility for the accuracy, completeness, appropriateness or usefulness of
the Information. For any specific medical conditions or issues, users are
advised to seek opinion from a certified medical practitioner. In the event any
user relies on the Information provided by ABMS or its representatives/
employees, he/she may do so at its own risk. Under no circumstances will ABMS,
its employees, representative or affiliates be liable for the Information or
the consequences of relying on such Information.
In keeping with ABMS objective of providing \its users with general information
about beauty and healthcare and personalcare topics and products, ABMS engages
experts having knowledge of in their respective fields (" Experts ")
to respond to queries posted by users. Any information provided by the Experts,
either over the Site, through e-mails, chat rooms or on social networking
sites, including the Site's facebook page (collectively referred to as " Expert's
Opinion ") is based on the Expert’s personal opinion. The Expert's
Opinion is not intended to constitute personal medical suggestion or be used
for any medical diagnosis or treatment. ABMS makes no representation and takes
no responsibility for the accuracy, completeness, appropriateness or usefulness
of the Expert's Opinion. In case any user relies on such Expert's Opinion,
he/she may do so at its own risk. Under no circumstances will the ABMS,
Company, its employees, representative or affiliates be liable for such Expert's
Opinion or for the consequences of relying on such Expert's Opinion.
For any general information posted
on the Site, users must not infer or assume that such information necessarily
applies to them.
15.
Disclaimer of Warranty and Limitations of Liability
THE SITE IS PRESENTED "AS
IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE
OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES,
AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR
ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, LOSS, THEFT,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT
INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON
THE SITE;
(e) VIRUSES, SYSTEM FAILURES OR
MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING
DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;
(f) ANY INACCURACIES OR OMISSIONS IN
CONTENT; OR
(g) EVENTS BEYOND THE REASONABLE
CONTROL OF ABMS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR
ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION
ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND
CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF
ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR
ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR
SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an
essential part of this Terms of Use.
16.
Links and Third Party Sites
References on the Site to any names,
marks, products or services of third parties or hypertext links to third party
sites or information are provided solely as a convenience to you. This does not
in any way constitute or imply ABMS endorsement, sponsorship or recommendation
of the third party, information, product or service or any association and
relationship between ABMS and those third parties.
ABMS is not responsible for the
content of any third party sites and does not make any representations regarding
the content or accuracy of material on such sites. If you decide to link to any
such third party websites, you do so entirely at your own risk. ABMS do not
assume any responsibility for examining or evaluating the offerings of the
off-websites pages or any other websites linked from the Site. We shall not be
responsible for the actions, content, products, or services of such pages and
websites, including, without limitation, their privacy policies and terms and
conditions. You should carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that you visit via the
Site.
17.
Termination
These Terms of Use are effective
unless and until terminated by either you or ABMS.
You may terminate the Terms of Use
at any time, provided that you discontinue any further use of this Site. ABMS
may terminate the Terms of Use at any time and may do so without notice, and
accordingly deny you access to the Site, such termination will be without any
liability to the Site.
Upon any termination of the Terms of
Use by either you or ABMS, you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. Any such termination of the
Terms of Use shall not cancel your obligation to pay for the product already
ordered from the Site or affect any liability that may have arisen under the
Terms of Use.
18.
Indemnity
You agree to defend, indemnify and
hold harmless ABMS, its employees, directors, officers, agents and their
successors and assigns, its holding, subsidiaries, affiliates, partners, or
licensors from and against any and all claims, liabilities, damages, losses,
costs and expenses, including attorney's fees, caused by or arising out of
claims based upon your actions or inactions, which may result in any loss or
liability to ABMS or any third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the non-fulfillment
of any of your obligations under the Terms of Use, or arising out of the your
violation of any applicable laws, regulations including but not limited to
Intellectual Property Rights, payment of statutory dues and taxes, claim of
libel, defamation, violation of rights of privacy or publicity, loss of service
by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of the Terms of Use.
19.
Governing Law and Jurisdiction
The Terms of Use and the Policies
shall be construed in accordance with the applicable laws of India. For
proceedings arising therein the Courts at Mumbai shall have exclusive
jurisdiction.
Any dispute or difference either in
interpretation or otherwise, of the Terms of Use and other Policies on the
Site, between the parties hereto, shall be referred to an independent
arbitrator who will be appointed by mutually and his decision shall be final
and binding on the parties hereto. The above arbitration shall be in accordance
with the Arbitration and Conciliation Act, 1996 as amended from time to time.
The seat and venue of arbitration shall be held in West Bengal.
Without any prejudice to particulars
listed in Clause 11 above, ABMS shall have the right to seek and obtain any
injunctive, provisional or interim relief from any court of competent
jurisdiction to protect its trade-mark or other intellectual property rights or
confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders
outside India, International arbitration rules of Indian Arbitration and
Conciliation Act 1996 shall apply. The seat and venue of international
arbitration shall be West Bengal.
20.
Site Security
You are prohibited from violating or
attempting to violate the security of the Site, including, without limitation,
1.
accessing data not intended for you
or logging onto a server or an account which you are not authorized to access;
2.
attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
3.
attempting to interfere with service
to any other user, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding,"
"spamming," "mail bombing" or "crashing;"
4.
sending unsolicited email, including
promotions and/or advertising of products or services; or
5.
forging any header or any part of
the header information in any email or newsgroup posting. Violations of system
or network security may result in civil or criminal liability
ABMS is entitled to investigate
occurrences that may involve such violations and may involve, and co-operate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from ABMS on this Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
21.
Entire Agreement
If any part of these Terms of Use is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed to be
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Terms of Use shall
continue to be in effect. Unless otherwise specified herein, these Terms of Use
constitutes the entire agreement between you and ABMS with respect to the
Site/services and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written.
ABMS failure to act with respect to
a breach by you or others does not waive its right to act with respect to the
breach or subsequent and similar breaches.
22.
General
You acknowledge and hereby agree to
these Terms and Conditions and that it constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole
discretion, to change/ alter/ modify these Terms and Conditions at any time by
posting the changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site thereafter constitutes your
agreement to all such changed Terms and Conditions. We may, with or without
prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, affiliation,
joint venture or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
interpretation.
If you have any questions regarding
these Terms and Conditions, please email us at support@abmsmultinational.com
24. Contact Information:
Customer Service Desk
E-mail id: support@abmsmultinational.com
Phone: +91-9433031509
Contact Days: Monday to Saturday
(8:00 a.m. to 10:00 p.m.)
Sunday (10.00 a.m. to 7.00 p.m.)