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Disclaimer Policy
Unless otherwise defined, all capitalized terms used in this
disclaimer policy (" Disclaimer Policy") shall have the meaning
given to them in the Client / Guest Agreement ("Agreement") and the respective
Terms of Service (TOS).
In addition to acceptance of the terms and conditions provided
for under the Agreement, the TOS for a particular Service and Amendments that
may be made from time to time, You are required to accept the terms and
conditions contained in this Disclaimer Policy to avail of any Service through
www.saharacarehouse.com. All terms and conditions of the Agreement are
incorporated by reference in this Disclaimer Policy and shall be deemed to be a
part of this Disclaimer Policy.
- All information posted on www.saharacarehouse.com, including but not limited
to, the information, terms, conditions and descriptions that appear, are
provided on an "AS IS" and "AS AVAILABLE" basis and are without any warranty or
guarantee or undertaking by Sahara or M/S Sahara Service Limited.
- SAHARA CARE HOUSE, shall in no event be liable for inability/default under any
applicable law(s), including those relating to Contract, Torts, Consumer
Protection or any Civil or Criminal Laws, if it fails to provide the Services
made available through www.saharacarehouse.com due to any government
restrictions or regulations or any unforeseen circumstances not within the
reasonable control of SAHARA CARE HOUSE including strikes, war, natural
calamities, acts of God or other events of force majeure.
- All communications between You and SAHARA CARE HOUSE will be deemed to have
occurred during the corresponding Indian Standard Time ("IST").
- SAHARA CARE HOUSE reserves every right to update or modify this Disclaimer
policy from time to time. Such modifications shall be reflected in the
Amendments posted on www.saharacarehouse.com from time to time.
- No representation or warranty, direct or implied, is made as to the accuracy,
correctness or completeness of any information contained in this Disclaimer
Policy or on www.saharacarehouse.com and the same is subject to errors and
omissions. All such information must be independently verified by You and You
shall defend, indemnify and hold harmless SAHARA CARE HOUSE against all claims
in this regard.
- Not all products and Services are available in all geographical areas.
Eligibility of the Beneficiary for particular products and Services as offered
through www.saharacarehouse.com from time to time is subject to the sole
discretion of SAHARA CARE HOUSE.
- All contents included on www.saharacarehouse.com are the property of SAHARA
CARE HOUSE and are protected by international copyright laws. Any copying,
unless expressly agreed to by SAHARA CARE HOUSE in writing in accordance with
Clause 8 below, whether for commercial purposes or otherwise shall be
unauthorized and is prohibited and would be in violation of intellectual
property rights of SAHARA CARE HOUSE. SAHARA CARE HOUSE reserves the right to
initiate such proceedings/actions as may be necessary to protect its
intellectual property rights.
- www.saharacarehouse.com or any portion thereof shall not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of SAHARA CARE HOUSE, which
may be given or withheld at the sole discretion of SAHARA CARE HOUSE. You may
not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
SAHARA CARE HOUSE or its affiliates without express written consent of SAHARA
CARE HOUSE, which may be given or withheld at the sole discretion of SAHARA
CARE HOUSE. You shall not use any meta tags or any other "hidden text"
utilizing SAHARA CARE HOUSE name or trademarks without the prior express
written consent of SAHARA CARE HOUSE.
- If You use www.saharacarehouse.com, You shall be responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer and You shall at all times assume all responsibility for all
activities that occur under your account or password. Any damage, monetary or
otherwise or any loss resulting due to misuse of your personal information
shall be to your account and shall be borne exclusively by You.
- Unauthorized duplication, copying, visit or otherwise modification of any
information on www.saharacarehouse.com may result in civil and criminal
prosecution.
- You have agreed not to hold SAHARA CARE HOUSE liable to any direct or indirect
or consequential damage resulting from using www.saharacarehouse.com.
- Links to any other sites on www.saharacarehouse.com are not in any manner
whatsoever endorsements by SAHARA CARE HOUSE of any such sites or otherwise of
their respective content.
- Transmissions to or from www.saharacarehouse.com may be intercepted and
modified by third parties and hence files obtained from or through
www.saharacarehouse.com may contain computer viruses, spy ware or such other
defects. SAHARA CARE HOUSE shall not be responsible for any damage resulting
out of such events and You shall defend, indemnify and hold harmless SAHARA
CARE HOUSE against all claims in this regard.
- SAHARA CARE HOUSE declares that it has entered into written agreements and
arrangements with all Service Providers and vendors whereby SAHARA CARE HOUSE
is not liable for any deficiency in Services and quality control of the
products and shall not be held responsible if the Service quality and/or
product description does not meet your expectations or the expectations of
other beneficaries.
- In no event shall SAHARA CARE HOUSE, its affiliates, licensors, employees or
agents be liable to You for any damages or losses, including without limitation
indirect, consequential, special, incidental or punitive damages resulting from
use of or caused by www.saharacarehouse.com, its public posting bulletin
boards, its content or any errors or omissions in its content.
- You acknowledge that You have read this Disclaimer Policy and agree to all its
terms and conditions. You have independently evaluated the desirability and
consequences of availing the Services on www.saharacarehouse.com and are not
relying on any representation, guarantee or statements other than as set out on
www.saharacarehouse.com.
- In an effort to provide you with the most current information SAHARA CARE HOUSE
will, from time to time, make changes in the contents and in the products or
services described on the Website. Prices and the availability of items are
subject to change without notice. Prices of products displayed on the Website
may not be indicative of the actual selling prices in your area. It is
clarified that Sahara Care House charge only in Indian Rupees and the
product/goods price are being captured at standard rate i.e 1USD= INR 42.
However, USD price are only indicative, which are always subject to foreign
exchange fluctuation, and shall not be construed as final by YOU as the actual
capturing of the amount from Your credit card may vary from time to time.
Further, You agree to bear the amount difference arising due to foreign
exchange fluctuation. We reserve the right to limit sales, including the right
to prohibit sales to re-sellers. We are not responsible for typographical or
photographic errors.
- ARBITRATION
Any dispute or controversy arising out of or concerned with this Policy shall
be referred for adjudication to a Sole Arbitrator to be appointed by SAHARA
SERVICE LTD the said Sole Arbitrator may be an employee or ex-employee of
SAHARA SERVICE LTD or any of its sister/associates concern(s). You hereby
approves of and grants your consent to this .The Sole Arbitrator shall follow
the procedure as provided for in the (Indian) Arbitration & Conciliation
Act,1996 as amended from time to time and the award by the Sole Arbitrator
shall be final & binding upon the parties. The seat of Sole Arbitrator
shall be at Lucknow and all proceedings shall be conducted in English.
- GOVERNING LAW AND JURISDICTION
- This TOS shall be governed by and constructed in accordance with the laws of
India without reference to conflict of law principles.
- Subject to the Arbitration Clause above, the Courts of competent jurisdiction
at Lucknow only shall have exclusive jurisdiction over the subject matter.
- If any provisions(s) of this TOS is held by a court of competent jurisdiction
to be contrary to applicable law, then such provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect.
- SCH's failure to exercise or enforce any right or provision of this TOS shall
not constitute a waiver of such right or provision unless acknowledged and
agreed to by SCH in writing.
- The section titles in this TOS are solely used for the convenience of the
parties and shall not be taken into account for the purposes of interpretation
or construction.
- If any term or provision of this Agreement or the application to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable,
shall not be, held invalid.
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