Terms of Use

Last updated on: 14th October, 2022.

PLEASE READ THIS AGREEMENT FOR TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT FOR TERMS OF USE.

This Agreement For Terms Of Use (the "Agreement") governs your use of this website, www.myraymond.com (the "Website"), owned by Raymond Group ("Raymond"), offer of products or services for purchase on this Website, or your purchase of products or services available on this Website. This Agreement includes, and incorporates by this reference, the policies referenced below. Raymond reserves 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. Raymond will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last updated. 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. Raymond encourages 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 Raymond for other products or services. If you do not agree to this Agreement (including any referenced policies), please immediately terminate your use of the Website.

I. PRODUCTS

This Website offers for sale certain products or services (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Raymond reserves the right to refuse to provide the Products on the Website at its sole discretion for any reason at any time. In addition to making Products available, this Website also offers information and marketing materials. Any links to thirdparty websites are provided solely as a convenience to you. Raymond does not endorse the contents on any such third-party websites. Raymond 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.

II. WEBSITE

Purpose and License. You acknowledge that your use of Website or the content on this Website is for personal, non-commercial use only. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Raymond or the applicable third party (if third party content is at issue).

Usage of Website. Raymond is not responsible for any damages resulting from use of this Website by anyone. You agree to use the Website only for purposes as stated hereinabove and that are permitted by, and in accordance with: (a) this Agreement; (b) the Privacy Policy; (c) the additional terms (if any); and/or (d) any applicable laws.

You shall not:

• Host, display, upload modify, publish, transmit, store, update or share to the Website any content, information or file(s) that: (a) contain viruses, corrupted files, or any other similar software or programs or material designed to interrupt, destroy or limit the functionality of any computer resource; (b) may damage the operation of the Website or another’s computer; (c) belong to another person and to which you do not have any right; (d) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (g) is otherwise unlawful in any respect; (h) is harmful to child; (i) 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 other nation; (j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (k) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
• Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Raymond server;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users of the Website;
• Violate any applicable laws or regulations for the time being in force;
• Violate this Agreement, the Privacy Policy or any additional terms;
• Reverse engineer, modify, decompile, disassemble, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the Website provided by Raymond (including, without limitation, any content) save as expressly permitted in this Agreement; and
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Intellectual Property Rights. Raymond owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, copyright, trademarks, trade secrets and other related rights, in each case whether registered or unregistered, which subsist or which may in the future subsist in the Website (“Raymond IP”). You shall not acquire any right in respect of the Raymond IP other than as expressly stated in this Agreement.

• The trademarks, trade names, designs, logos and/or service marks displayed on the Website (“Marks”) are the property of Raymond. You are not permitted to use the Marks without the prior written consent of Raymond. You shall not refer to or attribute any information to Raymond in any public medium or otherwise imply any endorsement by or relationship with Raymond.
• Except as expressly permitted in this Agreement, you shall not copy, alter, remove, delete, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Website without Raymond’s prior written consent.

III. THIRD PARTY CONTENT

The Website may provide links to third party websites, and some of the content appearing on the Website may be sourced from external sources (“Third Party Content“). The provision of Third Party Content to you is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources in relation to which Raymond has no control. Raymond does not provide any warranties to you with respect to any the Third Party Content and, subject to Section IV, Raymond shall not be liable for any loss suffered by you in connection with your reliance on or use of such Third Party Content.

IV. DISCLAIMER AND LIMITATION OF LIABILITY

1. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS RAYMOND’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
2. THE WEBSITE AND ALL PRODUCTS ARE PROVIDED BY RAYMOND WITH REASONABLE SKILL AND CARE BUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
3. WITHOUT LIMITING THE GENERALILITY OF SECTION IV(b) ABOVE, RAYMOND MAKES NO WARRANTY THAT (I) THE WEBSITE OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE, OR ACCESS TO THE PRODUCTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF THE WEBSITE OR THE PRODUCTS WILL MEET YOUR EXPECTATIONS (III) THAT THE LINKS TO THIRD-PARTY WEBSITES ARE ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
4. SUBJECT TO SECTION IV(a) ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAYMOND SHALL NOT BE LIABLE FOR:
   • ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION;
   • ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON;
   • ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE FROM; OR
   • ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.

You acknowledge that the exclusions and limitations on Raymond’s liability set out in this Section IV above are distinct and separate provisions. If any provision or part-provision of this Section IV is or becomes invalid, illegal or unenforceable, the provisions dealing with Severability shall apply.

V. INDEMNIFICATION

You shall indemnify, defend and hold harmless Raymond from and against any and/or all losses, liabilities, claims, damages, demands, costs and expenses (including attorney’s fees) asserted against or incurred by Raymond that arise out of, result from, or may be payable by virtue of any: (1) breach of this Agreement (including the breach of warranties, representations and obligations under it); (2) breach of the Website content or your use of the Website content; (3) your use of the Products; (4) any claim for violation of any intellectual property or other proprietary right of any person or entity; or (5) any information or data you supplied to Raymond.

VI. PRIVACY POLICY

You hereby confirm that you have read and agree to all of the terms set out in the Privacy Policy available at www.myraymond.com.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Cessation of Operation. Raymond may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and/or Products.

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

No Waiver. In the event Raymond fails to enforce any provisions of this Agreement, same shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other or sub-part.

Severability. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall continue in full force and effect.

Governing Law. The Agreement and all transactions entered into on or through the Website and the relationship between you and Raymond shall be governed in accordance with the laws of India only. You agree that all disputes arising under or in connection with or in relation to the Website, the Agreement or any transactions entered into on or through the Website or the relationship between you and Raymond shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Termination. Raymond reserves the right to terminate your access to the Website at any time and without advance notice if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement, including but not limited to, violation of intellectual property rights of Raymond or any user or third party, failure to comply with the applicable laws or other legal obligations and/or publishing or distributing illegal material. Following termination, you acknowledge that Raymond may (without limitation): (i) remove or limit your access to the Website; and/or (ii) delete your account and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with your account (or any part thereof); and/or (iii) cancel any outstanding orders for Products. If your access to the Website is terminated, Raymond reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Raymond chooses, in its sole discretion and without advance notice to you, to terminate it.

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

Assignment. You cannot assign or otherwise transfer this Agreement, or any rights and obligations granted hereunder to any third party. Raymond may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.