Terms of Use
This New Holland Fiat(India) Pvt. Ltd.
(Hereinafter referred to as (“New Holland Fiat India”) Web site is
offered to you, the user ("User"), conditioned on acceptance of the
terms, conditions, and notices contained herein and without
modification. New Holland Fiat India may make additions, deletions and
/ or may modify the content or format of this Web site or discontinue
the operation of this Web site in its sole discretion and without
advance notice. Your access and use of this site constitutes acceptance
of all of these terms and conditions.
Web Site Use
The User agrees to use this Web site
as permitted by applicable laws of India. Additionally, the User agrees
not to: 1) knowingly and without authorization, alter, damage, or
destroy New Holland Fiat India’s or another user's computer, computer
system, network, software, computer database Web site, program,
documentation or data contained therein; 2) use this Web site to
conduct or attempt to conduct any business or activity or solicit the
performance of any activity that is prohibited by law in India. 3) to
disrupt or cause disruption of any computer, computer system, computer
network. 4) to facilitate any other person/user to gain unauthorized
access or denial of access do or cause to be done any of the above acts
as mentioned in 1) & 2) above. Any action by the User that results
in the blocking of access to this Web site to New Holland Fiat India by
other users or CNH will be deemed an unauthorized use.
Monitoring of Use
By using this system, the User
expressly consents to administrative monitoring at all times. The User
is further advised that system administrators may provide evidence of
possible criminal activity identified during such monitoring to
appropriate law enforcement officials. If the User does not consent to
any monitoring, the User should exit this system now.
Disclaimer
Every effort has been made by New
Holland Fiat India to offer the most current, correct, and clearly
expressed information possible. Nevertheless, it is possible that
errors in information posted may occur. In particular but without
limitation to any portion of this Agreement, New Holland Fiat India
disclaims any responsibility for inadvertent errors and the accuracy of
any news, financial information, data, or other information that may be
contained on New Holland Fiat India’s Web pages. The news, financial
information, data and information included on New Holland Fiat India
servers has been compiled by personnel of New Holland Fiat India from a
variety of sources and is subject to change without notice to the User.
New Holland Fiat India makes no warranties or representations of any
kind regarding the quality, content, completeness, suitability,
accuracy, adequacy, sequence, or timeliness of the content found on
this Web site.
Links to Third Parties' Web Sites
New Holland Fiat India Web pages may
currently or in the future include links to Web sites that are
controlled or operated by third parties. Any sites linked from the New
Holland Fiat India Web site are not under New Holland Fiat India's
control. New Holland Fiat India assumes no responsibility or liability
for any information, communications or materials at such sites, or at
any link contained in a linked site. New Holland Fiat India does not
intend any third party links to be considered as referrals or
endorsements of the linked entities or any products and/or services
marketed by them and are provided for convenience only. Each third
party Web site has its own policies about what information is
appropriate for public access. The user assumes sole responsibility for
use of any third party links and pointers.
Intellectual Property
The User acknowledges that this New
Holland Fiat India Web site contains intellectual property that is
protected by trademark, trade secret and/or copyright laws as prevalent
and applicable in India. The User agrees not to use, reproduce,
distribute copies, or create derivative works of any portion of this
Web site including the content therein, or engage in any other action
that may violate the intellectual property rights of New Holland Fiat
India.
Assumption of Risk
By using New Holland Fiat India Web
pages for any purpose, the User assumes all risks associated with the
use of this site and its individual pages. This risk includes but is
not limited to any risk to the User's computer, software or data being
damaged by any virus, software, or other file which might be
transmitted or activated via a New Holland Fiat India Web page or the
User's access to it. New Holland shall in no circumstance be liable for
any direct, indirect, special, incidental, consequential, or punitive
damages, including but not limited to lost profits or lost revenues,
arising out of or in any way connected to the use or misuse of this Web
site, or from any information, lack of information, documents,
software, services, or other material obtained through any of the New
Holland Fiat India Web pages. The User also assumes any and all risk
arising out of the use of this Web site, whether based on contract,
tort, strict liability, or otherwise, even in the event that New
Holland Fiat India and/or any of its employees, affiliates, or agents
have been advised of the possibility of damages of any sort. New
Holland Fiat India shall not be liable for any loss or injury caused in
whole or in part by its actions, omissions, or contingencies beyond its
control, including in procuring, compiling, procuring, displaying, or
delivering the information, or arising out of any errors, omissions, or
inaccuracies in the information regardless of how caused, or arising
out of any user's decision, or action taken or not taken in reliance
upon the information or lack of information furnished.
Forbidden Uses
UNDER NO CIRCUMSTANCE SHALL THE USER
ACCESS OR ATTEMPT TO ACCESS NEW HOLLAND’S COMPUTER SYSTEM(S), COMPUTER
NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION
TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL LAWS AS
PREVAILING OR AS MAY BE MADE APPLICABLE IN INDIA. New Holland Fiat
India reserves the right to terminate at its own discretion the User's
use of this Web site or forbid the User from accessing this Web site in
the future in the event of any abuse of the Web site or any
unauthorized or forbidden use by the User.
Use of Interactive Media
To the extent that this site contains
or may contain electronic mail links, bulletin boards, discussion
forums, chat rooms, or other message or communication facilities
involving New Holland Fiat India and/or other users, the User agrees to
use such forums in their intended manner. Under no circumstances shall
the user violate any law by using such forums for purposes including
but not limited to defaming or harassing others, violating intellectual
property rights of New Holland Fiat India or that belonging to any of
group companies or a third party, posting or sending obscene or
offensive material, and introducing viruses, corrupted files or other
programs which could damage or alter this Web site or the computers of
New Holland Fiat India or a third party. New Holland Fiat India
reserves the right to remove any contents of this Web site for any
reason whatsoever. The user acknowledges and agrees that New Holland
Fiat India would not be liable or responsible for any act, action
whatsoever taken by the user on the basis of any information posted on
this Web site. Since the contents of this Web site may be changed or
modified, it shall be the responsibility of the user to check and
verify the contents. The User acknowledges that any material posted by
parties other than New Holland Fiat India or its affiliates are not
endorsed by New Holland Fiat India, and such communications shall not
be considered reviewed or approved by New Holland Fiat India.
Indemnification
The User agrees to indemnify New
Holland Fiat India, its officers, agents, employees, and other
personnel under its control against any and all liability, expenses,
attorney fees, and damages arising out of or relating to the use of
this Web site in any way, including any claims alleging facts that if
true would constitute a breach by the User of these terms and
conditions.
No Contractual Relationship
The User acknowledges that, by the use
of this Web site, no relationship of any kind, including but not
limited to partnerships, joint ventures, employment, contractual, or
agency relationship, exists between the user and New Holland Fiat India
or any of its affiliates or employees.
Jurisdiction
This Agreement is governed by the laws
of as prevailing and applicable in India. The User consents to the
exclusive jurisdiction and venue of courts located in India in respect
of all the disputes arising out of or relating to the use of this Web
site. Use of this Web site is not authorized in any jurisdiction that
does not give effect to all provision of these terms and conditions.
The User irrevocably waives any objection that it may have at any time
to the venue of any suit, action or proceeding out of or relating to
this Agreement brought in any such court and irrevocably waives any
claim that such suit, action or proceeding is brought in an
inconvenient forum and further irrevocably waives the right to object,
with respect to such claim, suit, action or proceeding brought in any
such court, that such court does not have jurisdiction over the User.
Applicable Laws
New Holland India's performance of
this Agreement is subject to existing laws and legal process and
nothing contained herein is in derogation of New Holland Fiat India's
right to comply with law enforcement requests or requirements relating
to any party's use of this Web site or information provided to or
collected by New Holland Fiat India regarding such use.
Survival
If any part of this Agreement is
determined to be invalid or unenforceable pursuant to applicable law,
the invalid or unenforceable provision will be deemed superseded by a
valid and enforceable provision that closely resembles the intent of
the original provision and the remainder of the Agreement shall
continue in effect.
Entire Agreement
This Agreement constitutes the entire
agreement between the User and New Holland Fiat India regarding this
Web site. This Agreement supersedes all prior or contemporaneous
communications made in any medium of expression between the User and
New Holland Fiat India regarding this Web site.