Sereno and Bello products covers a standard manufacturing warranty for a period of 12 Months from the date of billing under conditions of normal care and use
- The product will conform to the specifications applicable to the product at the time of manufacturing
- The product will be of good material and free from manufacturing defects for which Frontier Polymers Pvt Ltd is responsible
In the event that any product manufactured does not conform with the foregoing specifications, SERENO shall, at its own discretion, either credit the customer for any such non-conformity, or at its own expense replace, repair or correct the product within the mutually agreed timeline.
SERENO shall have no responsibility or obligation to the customer under warranty claims with respect to products that have been subjected to abuse, misuse, accident, alteration, bad hygiene, incorrect maintenance, neglect or unauthorized repair. Frontier will not be liable for any special, incidental, consequential, or indirect damages, and in no event will it be Frontier’s responsibility to exceed the original manufacturing cost. Products must be inspected promptly by the customer for damage and defects at the time of purchase or delivery.
Frontier disclaims that the warranties contained in this section are in lieu of all other representations and warranties that are expressed, implied, statutory or arising due to performance or custom usage in the trade or otherwise. All warranties related issues to be brought to the notice at email@example.com or +91 98 99 99 8545
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any indirect, incidental or consequential damages, including without limitation damages for loss of revenue, profits, use, or data, resulting from any use of the Website, Application and/or the Services and products (regardless of whether we should have known of the possibility of such damages). Regardless of the form of action (including negligence), in no event shall our aggregate liability arising out of or relating to the use of the Website, Application and/or the Services and products exceed the aggregate amount paid by you to use or access the Website, Application and/or the Services and products. Certain laws do not allow limitations as contained in the clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
You agree to indemnify, defend, and hold harmless the SERENO, affiliates, staff, employees, directors, and agents, from and against any and all damage, liability, claims, demand, actions, suits, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, arising out of or occurring in connection with:
(b) any breach by you of any representations or warranties contained in the Terms;
(c) any violation or infringement of third party right, any copyright, proprietary, intellectual property, or privacy right due to the User Information uploaded by you on the Website and/or application;
THIRD PARTY LINKS
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SERENO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SERENO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
TERMINATION / MODIFICATION / SUSPENSION
- SERENO may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
- If you wish to cease use of the Website and/or Application you may delete your Account from the Website and delete the Application.
- We may update or change Website and/or Application or the Services offered therein from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of the Platform after the Terms have been updated or changed constitutes your acceptance of the revised Terms.
- Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend your use of Website, Application or Services offered therein without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
- Upon termination of your Account by SERENO or deletion of the Account by you, your right to use Website, Application or Services offered therein shall automatically terminate. You acknowledge and agree that your right to use Website, Application or Services offered therein is conditional upon your adherence to the Terms, the continuous activation of your Account, and payment of fees, if applicable. In the event of Termination or deletion of the Account, will not have access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in SERENO system. Upon Termination or deletion, the following shall occur: all licenses granted to you hereunder will immediately terminate. You further acknowledge and agree that SERENO shall not be liable to you or any third party for any termination of your access to Website, Application or Services offered therein. Upon Termination, SERENO retains the right to use any User Content collected from your use of Website, Application or Services offered therein for internal analysis and archival purposes, and all related licenses you have granted SERENO hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold SERENO, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Terms or use of the User Content posted by you on the Website or Application.
GOVERNING LAW AND JUSRISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at PUNJAB / DELHI, subject to clause 12 below, shall have jurisdiction.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of Website, Application or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be NEW DELHI, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
TRADEMARK/COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE
SERENO has high regard for intellectual property and expects the same level of standard to be employed by the Users. SERENO may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to Website, Application or Services offered therein to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded and posted on Website or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at firstname.lastname@example.org
- identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SERENO to locate the material;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
- information reasonably sufficient to permit SERENO to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
- statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:
- Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above.
- Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- Force Majeure: SERENO shall not be liable for any downtime or delay or unavailability of the Website and/or Application or Services caused by circumstances beyond SERENO reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- Assignment: You may not assign or sub-license, without the prior written consent of SERENO, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.