Terms of Use

Welcome to [DSM WORKWEAR] [DURBY SILK MILLS] (referred to as “we”, “us”, or “Company”) incorporated under the laws of India, having its registered office at [●] is the owner, author and publisher of the internet resource [www.dsmworkwear.com] and its sub domains (together referred to as “Website”) on the world wide web as well as other connected software and applications provided by [DURBY SILK MILLS].

PLEASE READ THE TERMS OF USE CAREFULLY. THESE TERMS OF USE LAY DOWN THE TERMS AND CONDITIONS PURSUANT TO WHICH YOU AS AN INDIVIDUAL, WHETHER ACTING BY ITSELF OR ON BEHALF OF ANY BODY CORPORATE (“USER” OR “YOU”), CAN ACCESS, BROWSE, OR USE THE WEBSITE. BY ACCESSING, BROWSING OR USING OUR WEBSITE, YOU ACCEPT ALL THE TERMS OF USE, PRIVACY POLICY (AVAILABLE HERE [www.dsmworkwear.com]) AND ALL OTHER ADDITIONAL RULES, GUIDELINES, POLICIES, TERMS AND CONDITIONS(AS AMENDED FROM TIME TO TIME) THAT MAY BE MADE APPLICABLE IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST REFRAIN FROM ACCESSING, BROWSING, OR USING THE WEBSITE. YOUR USE OF THE WEBSITE AFTER ANY CHANGES TO THE TERMS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES TO THE TERMS.

These Terms constitute a binding and enforceable contract between the (i) Company and its affiliates worldwide; and (ii) you, an end user of the Services (“User” or “you”). You represent and warrant that you have full legal capacity and authority under applicable laws to agree and bind yourself to these Terms. If you are using the Services on behalf of another party (for example: a company or an organisation), you represent and warrant that you have the authority to enter intothese Terms on behalf of such party and bind such party to these Terms.

1. ELIGIBILITY:

The Website is purported for use by individuals who are competent to contract under the laws of India. By accessing, browsing, or using the Website, you confirm that:

• You above 18 (eighteen) years of age,

• of a sound mind, and

• not disqualified under law.

The Website holds no liability or obligation to confirm that the User is competent to contract under the laws of India. We reserve the right to block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law.

2. DISCLAIMER

The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, [DURBY SILK MILLS] disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• Warranties that the Website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

• Warranties regarding the accuracy, reliability, or completeness of any Content on the Website.

Your use of the Website is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

3. INTELLECTUAL PROPERTY RIGHTS

(a) We are the owner or the licensee of all intellectual property rights in our Website, including all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics in the Website (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by applicable intellectual property rights. The Content and Marks are provided in or through the Website 'as is' for your personal, non-commercial use or internal business purpose only without any guarantees or warranties of any kind, express or implied, including but not limited to accuracy, completeness, reliability, or fitness for a particular purpose.

(b) Except as set out in this section or elsewhere in our Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

(c) The Content may contain links to third-party Websites, resources, or content. These links are provided for convenience only, and the Website does not endorse or assume responsibility for the content or practices of third-party sites. Users accessing third-party links do so at their own risk and are encouraged to review the terms and policies of the respective Websites.

4. PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a User of the Website, you agree not to:

(a) Use the Website in any manner that violates applicable local, state, national, or international laws or regulations.

(b) Engage in fraud, misrepresentation, or any activity designed to impersonate another person or entity.

(d) Attempt to probe, scan, or test the vulnerability of the Website or circumvent any security measures.

(e) Use bots, scrapers, or automated tools to access, collect, or harvest data from the Website without prior authorization.

(f) Copy, reproduce, modify, distribute, publicly display, or create derivative works from the Content without express written permission.

(g) You will not access the Website through automated or non-human means, whether through a bot, script or otherwise

(h) Infringe on any intellectual property rights, copyrights, trademarks, or other proprietary rights belonging to the Website.

(i) Introduce any viruses, malware, worms, Trojan horses, or other harmful code that could damage, disrupt, or impair the functionality of the Website.

(j) Interfere with, disrupt, or create an undue burden on the Website’s infrastructure or the normal operation of the Website.

(k) Post or upload any content that contains malicious code, phishing links, or deceptive practices.

(l) Provide false, misleading, or incomplete information while using the Website.

(m) Claim to be affiliated with the Website, or its owners without authorization.

(n) Use the Website for any commercial purposes that are not explicitly permitted, such as reselling access to the Website or charging third parties for accessing the Website.

(o) Exploit the Website for purposes other than those expressly permitted, including hosting unauthorized advertisements or promotions.

(p) Publish, upload, or share any content that is defamatory, libelous, obscene, offensive, threatening, harassing, or otherwise inappropriate.

(q) Promote hate speech, discrimination, or violence based on race, ethnicity, religion, gender, disability, sexual orientation, or any other protected characteristic.

(r) Collect, store, or share personal information about other users or without their consent.

(s) Manipulate or distort any rating, feedback, or review system on the Website.

(t) Engage in activities that undermine the integrity of the Website, such as false reviews or coordinated misinformation campaigns.

(u) Deep-linking to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission.

5. GUIDELINES FOR FEEDBACK AND REVIEWS

We may provide you areas on the Website to provide feedback, suggestions, ideas, comments, recommendations, reviews or ratings or you can provide such feedback, suggestions, ideas, comments, recommendations, reviews or ratings by reaching out to us as per the ‘Contact Us’ section provided below.

When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

6. TERMINATION:

In addition to any other rights or remedies available under law or equity, we may restrict, suspend, terminate your access or usage rights to the Website, at any time, if we believe, in our sole and absolute determination, that you have breached these Terms of Use, Privacy Policy and/or any other additional terms and conditions (if applicable). You agree that we will not be liable to you, or any third party for termination of your access to the Website. Upon termination of your access to the Website, these Terms of Use shall terminate, except for those clauses that are intended to survive expiry or termination.

7. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: [www.dsmworkwear.com] By accessing, browsing or using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Website is hosted in India. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Website, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

8. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice to You. It is your responsibility to review the Terms of Use for any changes, updation, revision or modification. You will be deemed to have accepted the changes made to these Terms of Use if you continue to use the Website once the revised Terms of Use have been made available. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee that the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

9. GOVERNING LAW AND DISPUTE RESOLUTION

You agree that the laws of India shall govern these Terms of Use, and that any dispute arising out of or relating to these Terms of Use shall be referred to and finally resolved by a sole arbitrator mutually appointed by you and us. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory amendments or re-enactment for the time being in force. The venue of the arbitration shall be Mumbai. The language of the arbitration shall be English. Subject to the above, the courts of Mumbai shall have exclusive jurisdiction over any dispute arising out of these Terms of Use.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website.

11. CONFIDENTIALITY

The Website makes every effort to maintain the confidentiality of any information submitted by Users to our system and our database of advisors. The User is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium. Additionally, because the Websitecannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Website. Do not make any confessions or admissions. The User should preferably describe their issue or dispute in the general terms only. The Website is not responsible for the release or improper use of such information by users or any release due to error or failure in the Website.

12. MISCELLANEOUS

(a) Entire Agreement: These Terms of Use and the Privacy Policy (available here) constitute the entire agreement and understanding between the User and the Website in relation to its subject matter and supersedes any and allprior or contemporaneous promises, representations, agreements, statements, and understandings of any sort whatsoever between the User and the Website.

(b) Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

(c) Assignment: We may assign any or all of our rights and obligations to others at any time without prior notice or consent.

(d) Severability: If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

(e) No relationship: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website.

(f) Third party rights: No third party shall have any rights to enforce any terms contained herein.

(g) Liability: The Website shall not be held liable for any disputes, losses, damages, or claims arising out of or related to your use of the Website., including but not limited to any contractual or professional disputes. To the maximum extent permitted by law, the Website shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or related to the use of the Website, even if advised of the possibility of such damages.

(h) In no event shall the total aggregate liability of the Website, whether in contract, tort, or otherwise, for any claim arising out of the use of the Website shall not exceed INR 10,000.

(i) You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

(j) You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

13. CONTACT US

You may communicate with us, including for any grievance that you experience in connection with the Website or to receive further information regarding the Website by reaching out to us at: [dsmworkwear@gmail.com].