NIDAR UTILITIES PANVEL LLP
Welcome to www.tuco.in, the web property of TUCO. To ensure that visitors enjoy the highest standards of quality and service during their visits to the www.tuco.in website, TUCO encourages you to read through the following information. These legal notices spell out the terms and conditions to which users are bound.
TERMS OF SERVICE
1. Content and User Submissions
1.1 The contents of the www.tuco.in, Internet service (“the Service”) are intended for the personal, non-commercial use of its users. All materials published on www.tuco.in (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, music, also known as “The Content”) are protected by copyright and other intellectual property laws, and are owned or controlled by TUCO or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
1.2 The Service is protected by copyright as a collective work and/or compilation. Except as set forth in Section 1 of this Terms of Service, user shall not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
2. Forums and Discussions
2.1 User shall not upload to, or distribute or otherwise publish through, the Service any Content which is libelous, defamatory, obscene, pornographic, profane, and abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. www.tuco.in does not endorse the opinions placed on these bulletin boards. User acknowledges that any submissions (e.g. post your comment,) may be edited, removed, modified, published, transmitted and displayed by www.tuco.in. In addition, user warrants that all moral rights in any uploaded materials have been waived.
2.2 The Forums shall be used only in a non-commercial manner. User shall not, without the express approval of TUCO, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with www.tuco.in and the Service. Users/Visitors agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
2.3 While www.tuco.in does not and cannot review every message posted by users in the Forums and is not responsible for any content of these messages, www.tuco.in reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this user Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.
3. Access and Availability Of Services And Links
3.1 www.tuco.in contains links to other related World Wide Web Internet sites, resources and sponsors of TUCO. Selection of an ad banner or link redirects user off of www.tuco.in to a third party. Transactions that occur between the user and the third party are strictly between the user and the third party. www.tuco.in shall not be held liable for such transactions with the third party. User should direct any concerns regarding any external link to its site administrator or Webmaster.
4. Representations and Warranties
4.1 User represents, warrants and covenants (a) that no materials of any kind submitted by user for www.tuco.in’s use thereof in accordance with the terms and conditions of this User Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that user is at least 18 years old. User hereby indemnifies, defends and holds TUCO and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by user of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. User shall cooperate as fully as reasonably required in the defense of any claim. TUCO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by user.
4.2 TUCO neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. www.tuco.in, the service, the access software (defined herein) and any materials provided by TUCO or third parties through www.tuco.in and the service are provided “as is.” www.tuco.in makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or usefulness of any materials provided through the service. TUCO shall not be responsible to the user or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the service, the access software or any of the materials provided by TUCO or third parties through the service, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service or the access software, regardless of the claim as to the nature of the cause of action, even if TUCO has advised of the possibility of such damage or loss.
4.3 User hereby acknowledges that use of the Service is at user’s sole risk.
5. Collection of Information
5.1 TUCO only collects personal information that is necessary for its business-related functions and activities. The information about User/Visitor, which this web site may collect includes: information collected when User/Visitor register or update an online profile information collected offline through customer call centres, direct marketing campaigns and competitions may include personal information such as User’s/Visitor’s name and contact details; personalization preferences User/Visitor select as User/Visitor use this web site; requesting us to provide services or information, or take actions; information submitted if User/Visitor participate in an online survey or competition; any messages or comments you submit to us via this web site, which may include personal information such as name, email address and telephone number.
5.2 TUCO will not collect personal information in an unfair, unlawful or unreasonably intrusive manner. User/Visitor may browse some information-only areas of this web site without providing any personal information; however TUCO may not be able to provide the full range of services through this web site if TUCO is not provided with the information outlined above.
5.3 In common with many commercial web sites TUCO may also collect aggregated information which tells us about visitors to this web site but not the identity of those visitors. This information is used by us to help administer and improve the web site. For example, TUCO may collect information about the number of visitors to the website, the date, time and duration of visits or the most commonly accessed pages of the website.
5.4 Generally TUCO will try to collect personal information directly from User/Visitor. In that case, or if there is a need to collect information about User/Visitor from a third party organisation, TUCO will take all reasonable steps to ensure that User/Visitor is made aware of who TUCO is, aware of the collection, its purpose, to whom such information is usually disclosed and any other relevant information for which notification is required by law.
5.6 Access to certain parts of the website and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. TUCO may, but is not obliged to use your personal information to carry out age verification checks and enforce any such age restrictions.
Information about the type of browser you use
Details of the web pages you have viewed
Your IP address
The hyperlinks you have clicked
User’s/Visitor’s user name, profile picture, gender, networks and any other information you choose to share when using Third Party Sites (such as when you use the “Like” functionality on Facebook or the +1 functionality on Google+)
The websites User/Visitor visited before arriving at this website
Most internet browsers are initially set up to accept cookies. User/Visitor can change the settings to block cookies or to alert User/Visitor when cookies are being sent to User’s/Visitor’s device.
5.8 Use and Disclosure of Information
TUCO will only disclose personal information in accordance with the Privacy Laws.
This means that the personal information may be disclosed: for the primary purpose for which TUCO is collecting it and for a purpose related to the primary purpose of collection where it would reasonably be expected by User/Visitor that TUCO would use the information in such a way, where User/Visitor have consented to the use or disclosure of the information for a purpose required or authorized by law or under other circumstances where permitted under the Privacy Laws.
5.9 TUCO may provide the personal information it collects through this web site to third parties. The types of third parties to whom TUCO would normally disclose that personal information may include: TUCO’s service providers who assist us in providing this web site and TUCO’s products and services (for example internet and technology service providers, mail houses, delivery companies and call centres); organizations with whom TUCO has arrangements for the promotion of each other’s products and services (and any agents used in administering such arrangements); parties acquiring, or wishing to acquire, and interested in TUCO and User’s/Visitor’s agents, such as your financial or legal advisers.
5.10 TUCO uses and discloses aggregated non-personally identifying information collected through the web site as part of our process of constantly improving the web site. Updating and Accessing Your Information TUCO takes all reasonable steps to ensure that the information TUCO collect, use and discloses is accurate, complete and up-to-date. If however User/Visitor believes that any information TUCO hold about User/Visitor is not accurate or not up-to-date please contact us and let us know.
5.11 User/Visitor has a right to access personal information which TUCO hold about User/Visitor (however TUCO note that the privacy legislation sets out some exceptions to this). If User/Visitor would like to request access to your personal information please contact TUCO in writing. To ensure confidentiality, details of User’s/Visitor’s personal information will only be passed on to User/Visitor if TUCO is satisfied that the information relates to User/Visitor. TUCO will deal with your request as soon as practicable and TUCO requests that User/Visitor provide us with as much detail as User/Visitor can to help us answer User’s/Visitor’s query. In some circumstances TUCO may charge an access fee to cover its costs of providing the information to User/Visitor. There may be occasions when TUCO is not required by law to provide you with access or to correct User’s/Visitor’s personal information. If that is the case TUCO will advise User/Visitor of the reasons for the decision.
TUCO’s web site may, from time to time, contain links to other web sites and those third party web sites may collect personal information about you. TUCO is not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. TUCO encourages users to be aware when they leave the site to read the privacy statements of each and every web site that collects personally identifiable information.
If TUCO changes this web site Privacy Statement, it will post any changes on the web site so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Privacy Statement regularly to review any amendments.
Any information collected under this current web site Privacy Statement will be handled in accordance with this web site Privacy Statement. After the changes take effect, all new information collected, if any, will be subject to the revised web site Privacy Statement.
User/Visitor accepts that its usage/access of this site includes the acceptance of this Privacy Statement and the Legal Disclaimer.
6. Software Licenses
6.1 User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to user to access the Service (“Access Software”). User shall not sublicense, assign or transfer any licenses granted by www.tuco.in, and any attempt at such sublicense, assignment or transfer is void. User may not copy, distribute, modify, reverse engineer or create derivative works from Access Software.
7.1 www.tuco.in may, in its sole discretion, without any notice to the user, terminate or suspend user’s access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service.
7.2 Users of www.tuco.in acknowledge that site administrators have the right to terminate use without notice for any user who restricts, inhibits or disrupts any www.tuco.in event or attempts to alter or improperly access any feature or function of the site. A user’s access may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any www.tuco.in user or TUCO employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of www.tuco.in activities; posts unsolicited advertising; or improperly impersonates a TUCO employee or other individual.
8. Legal Notices and Disclaimers
8.1 TUCO will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided by TUCO, thus shall not be liable for damages or injury resulting from access to, or inability to access, this Internet site, or from any reliance on any information provided at this Internet site. Any links or references provided to other Internet sites (“hyperlinks”) are provided by TUCO merely as a convenience to users of this Internet site. Any hyperlink to such other Internet site should in no way be construed as an endorsement, representation or promotion by TUCO or its Affiliates as to the content, representations, accuracy, products or services found or otherwise described in such other Internet sites. TUCO and/or its affiliates take no responsibility for the content of such other internet sites and disclaim any liability for damages including without limitation consequential and incidental damages, arising from any users’ reliance thereupon. No confidential relationship shall be established in the event that any user of this Internet site should make any oral, written, or electronic response to TUCO (e.g. feedback, questions, comments, suggestions, ideas, etc.) Such response to any information submitted shall be considered non-confidential. TUCO shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein for any purpose including developing, manufacturing and/or marketing of goods and services. The sender of any information to TUCO is fully responsible for its content, including its truthfulness and accuracy. The products of TUCO referred to on this Internet site may not be available for sale in all countries. No representation is made by TUCO as to the availability of a particular product in a particular country. For the availability of a particular product in your country, please contact TUCO This Internet site is provided as a service to its visitors. TUCO reserves the right to delete, modify, or supplement the content at any time for any reason without prior notification.
9. Law & Jurisdiction
9.1 If the parties fail to resolve any dispute or difference by mutual consultation as aforesaid, in such event, the said dispute (s) or difference(s) shall be referred to a sole arbitrator appointed by TUCO and the Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of the arbitration shall be at Mumbai (India) and the language of arbitration proceeding shall be English. This User Agreement has been made in and shall be construed and enforced in accordance with the Indian law. Subject to this Clause, wherever judicial intervention is possible the courts at Mumbai alone shall have jurisdiction in respect of all matters relating thereto to the exclusion of all other courts, and each of the Parties hereby consents to the exclusive jurisdiction of such courts.
10. Official correspondence must be sent via postal mail to:
Nidar Utilities Panvel LLP
12th Floor, Knowledge Park,
Hiranandani Business Park,
Powai, Mumbai – 400 076,