Terms & Conditions

Last Revision: 29/12/2017

This document is an electronic record in terms of Information Technology Act 2000 and Rules and the amended provisions pertaining to Electronic Records in various statutes as applicable. This Electronic Record Is generated by a computer system and does not require any physical or digital signature.

By accessing or using this website or ordering Products, you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by this Agreement and all of the terms and conditions on this website. Hence, please read this carefully before proceeding.

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. PSP Industries will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. PSP Industries expects you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

PSP Industries provides the content and services available on this website to you subject to the following Terms and Conditions, Privacy Policy, Payment, Shipping and Delivery Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features, promotions as well as customer service, all of which are deemed part of and included within these, collectively, “Terms and Conditions”.

Privacy

Please refer to our privacy-policy posted on this website

Payment, Shipping and Delivery

Please refer to our Policy on “Payment, Shipping and Delivery” to understand the purchase and delivery processes of our products.

Products and Services for Personal Use

The products and services described on this website are for personal use only. You may not sell or resell any of the products or services you receive from us. We reserve the right, with or without notice, to cancel any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Proprietary Rights

PSP Industries has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by us. PSP Industries also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Website

All information and content available on the website and its appearance, is the property of PSP Industries and is protected by laws of India and all local, state, national, and international laws and regulations governing all applicable forms of intellectual property. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use only.

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. PSP Industries does not always create the third-party information offered on this Website; instead, the information is often gathered from other sources. Any links to third-party websites are provided solely as a convenience to you. PSP Industries does not endorse the contents on any such third-party websites. PSP Industries is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

PSP Industries is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

Limited License

By using this Website, you are granted a limited, revocable, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written Authorization from PSP Industries or the applicable third party (if third party content is at issue.) By posting, storing, or transmitting any content on the Website, 1) which will not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (2) will not portray us or our products or services, in a false, misleading, derogatory, or any offensive or objectionable manner, or associate us with undesirable products, services, or opinions, you hereby grant PSP Industries a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. PSP Industries does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. PSP Industries is not liable for any damage or harm resulting from any posts by or interactions between users. PSP Industries reserves the right, but has no obligation, to monitor interactions between and among users of the Website, to remove any content PSP Industries deems objectionable, in PSP Industries' sole discretion.  Any unauthorized use by you of the PSP Industries website automatically terminates the limited licenses set forth without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Disclaimer Of Warranties

Your use of this website and/or products are at your sole risk. The website and products are offered on an "AS IS" and "AS AVAILABLE" BASIS. PSP Industries expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content or any reliance upon or use of the website content or products except to the extent such representations and warranties are not legally excludable.

Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals with pre-existing medical conditions. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our products that you may be allergic to. You agree that PSP Industries will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products.

We attempt to be as accurate as possible when describing our products on the website. However, we do not warrant that the product descriptions, colors, information or other content available on the website are accurate, complete, reliable, current, or error-free

Without limiting the generality of the foregoing,

  • We do not warrant that the links to third-party websites are accurate, reliable, complete or error-free.
  • No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
  • We do not warrant as to the results that may be obtained from the use of the products or that the defects in products will be corrected.

Limitation Of Liability

PSP Industries’ entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the actual amount you paid for products purchased via the website less shipping and handling.

PSP Industries will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

You agree that no claims or action arising out of or related to the use of the website/products 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.

Your Obligations And Responsibilities

In the access or use of the PSP Industries website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to PSP Industries, our Affiliates or licensors.

Indemnification

You will release, indemnify, defend and hold harmless PSP Industries and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to us. When PSP Industries is threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify PSP Industries and your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of our choice. We will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

GENERAL

Force Majeure.

PSP Industries will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation.

PSP Industries may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and PSP Industries and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of PSP Industries to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction

This Website originates from Bangalore, Karnataka. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor PSP Industries will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than an appropriate court or other judicial body located in Bangalore, Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this agreement must be asserted individually.

Termination

PSP Industries reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and PSP Industries may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, PSP Industries reserves the right to exercise whatever means it deems necessary to prevent your unauthorized access of the Website. This Agreement will survive indefinitely unless and until PSP Industries chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use

PSP Industries makes no representation that the Website or Products are available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Those who access the Website from outside India and if they are interested in the product, they have to contact us separately.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. PSP Industries may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

Customer Solicitation

Unless you notify of your desire to opt out from further direct company communications and solicitations by emailing us at: pspindustries@arizen.in, you are agreeing to continue to receive further notices, emails, call solicitations and other communications from PSP Industries and its designated in house or third party call team(s). In the event of your opting out, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth, shall automatically terminate.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE  TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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