Terms and Conditions
KINDLY READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR REQUESTING FOR SERVICE FROM THIS WEBSITE, YOU AGREE TO BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) your use of the website, www.stonebirch.co (the “Website”), Stone Birch (“Business Name”) offer of services on this Website. This Agreement incorporates by this reference, the policies and guidelines referenced below. Stone Birch has the right to change and revise the terms and conditions at any point in time by posting respective changes or a revised Agreement on this Website. Stone Birch will send an alert of the changes or any revisions made by indicating on the top of this Agreement the date it was revised on. The changed or revised Agreement will be applicable with immediate effect as and when it is posted. Post any such changes made or revised in the Agreement, your usage of the Website will conclude that you have accepted the changes or revisions. Stone Birch encourages you to review this Agreement as and when you visit the Website to make certain that you understand the terms and conditions conducting the use of the Website. This Agreement however does not alter the terms or conditions of any other agreement you have with Stone Birch for other such 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. If you would like to print this Agreement, please click the print button on your browser toolbar.
WEBSITE
Content; Intellectual Property; Third Party Links: This Website makes Services accessible and also offers other information and marketing substance. This Website offers information on directly and through indirect links to third-party websites. Stone Birch does not necessarily always create the information that is offered on this Website; instead, it gathers the information is often gathered from other sources to the extent that Stone Birch does formulate the content on this Website. And this content is then protected under the intellectual property laws of India, foreign nations, and other many others. Therefore, any kind of unauthorized use of the content may violate copyright, trademark, and similar such laws. You admit that you are using the content on this Website for personal and non-commercial use. Any links directing to third-party websites are offered solely as a convenience to you. Stone Birch does not endorse the contents of any such third-party websites. Stone Birch is therefore not responsible for the content of or any damage due to your reliance on these third-party websites. If you link to third-party websites, kindly you do so at your own risk.
Use of Website: Stone Birch is not responsible for any damages that may result from the use of this website. You must not use the Website for any kind of illegal purposes. You must abide by the applicable local, state, national, and similar international laws and regulations in your use of the Website, must not interfere with the use of the Website by other users, must not resell material on the Website, must not engage, directly or indirectly, in the sending spam, junk mail or any other type of unsolicited communication and must not defame, harass or disrupt other users of the Website.
License: While using this Website, you have a limited, not exclusive and non-transferable right to use the content on the Website for your personal, non-commercial, use of the Website. You cannot copy, reproduce, pass on, distribute, or create imitative works of such content or information without express written authorization from Stone Birch or the applicable third party.
Posting: By posting, storing, or transferring any content on the Website, you grant Stone Birch a lasting, non-exclusive, royalty-free, and license to use, copy, perform, create imitative works from, distribute, have distributed, transfer and assign such content, in media now known or hereinafter created, anywhere in the world. Stone Birch does not control the nature of the user-generated content offered through the Website. You are responsible for the interactions you have with other users of the Website and the content you post. Stone Birch is not liable for any damage or harm resulting from any posts or interactions between users. Stone Birch has the right, but no obligation, to monitor interactions between users of the Website and to remove any content Stone Birch deems objectionable.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STONE BIRCH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WHICH IS NOT LIMITED TO, SUGGESTED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH VALUE TO THE PRODUCTS AND WEBSITE CONTENT, OR ANY RELIANCE UPON THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STONE BIRCH TAKES NO WARRANTY:
THAT THE INFORMATION PRESENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR COMPLETE.
THAT THE LINKS TO THIRD-PARTY WEBSITES FOR INFORMATION ARE ACCURATE, RELIABLE, OR COMPLETE.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, THAT YOU OBTAIN FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPLICITLY STATED HERE.
THE RESULTS THAT ARE ACQUIRED FROM THE USE OF THE PRODUCTS OR THE DEFECTS IN PRODUCTS WILL BE RECTIFIED.
CONCERNING ANY PRODUCTS BROUGHT OR ACQUIRED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW TO ELIMINATION OF PARTICULAR WARRANTIES, THUS SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
STONE BIRCH ENTIRE LIABILITY, AND YOUR REMEDY, IN LAW, OR OTHERWISE, REGARDING THE WEBSITE CONTENT AND SERVICES OR FOR ANY BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS BROUGHTASED VIA THE WEBSITE.
STONE BIRCH 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless – Stone Birch 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) any intellectual property or another proprietary right of any person or entity;
(4) your violation of any provision of this Agreement; or
(5) any information or data you supplied to Stone Birch.
When Stone Birch is threatened with suit or sued by a third party, Stone Birch may seek written assurances from you concerning your promise to indemnify Stone Birch; your failure to provide such assurances may be considered by Stone Birch to be a material breach of this Agreement. Stone Birch will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Stone Birch choice at its expense. Stone Birch will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Stone Birch against any claim, but you must receive Stone Birch 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.
PRIVACY
Stone Birch strongly believes in protecting user privacy and providing you with notice of Stone Birch’s use of data. Please refer to Stone Birch privacy policy, incorporated by reference herein that is posted on the Website.
AGREEMENT TO BE BOUND
By using this Website or requesting service, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure: Stone Birch 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, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Stone Birch may at any time, in its sole discretion and without advance notice to you, cease the operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Stone Birch and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Stone Birch 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: By using this Website, you give consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise 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 the 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 AGREEING INTO THIS AGREEMENT, YOU CONCLUSIVELY RENOUNCE ANY RIGHT YOU MAY HAVE TO FOR CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURES. ANY CLAIMS ARISING OUT OF, OR PERTINENT TO THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Stone Birch retains the right to terminate your access to the Website if it believes with due reasons and thus, in its sole discretion, that you have breached the terms and conditions of this Agreement. Post the termination, you will not be allowed to use the Website and Stone Birch may use its discretion and without offering advance notice to you, can cancel any orders. If in case your access to the Website is terminated, Stone Birch has the right to exercise whatever means that it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless Stone Birch chooses, at its discretion and without advance to you, to terminate it.
Assignment: You may not allocate your rights and obligations under this Agreement to anyone. Stone Birch under this Agreement its rights and obligations at its discretion and without offering advance notice to you.
BY USING THE WEBSITE OR TAKING DESIGN INFERENCES THAT HAVE BEEN SHOWCASED ON THIS WEBSITE, BY THIS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
LAST REVISION: [22-02-2023]