Terms of Use

Please read these terms of use (“Terms of Use”) which, together with the Privacy Policy, Shipping Policies, Returns Policy and any other policies / terms incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively “Terms”). The Terms govern Your access and/ or use of www.myborosil.com (“Website”) owned by Borosil (defined below), for the Product(s) (defined below) and Service(s) (defined below) offered therein. 

 

You (defined below) may be accessing the Website from a computer, laptop, mobile phone (through an iOS or Android application) or any device(s) / gazette(s) whatsoever name called and the Terms of Use govern Your access and/ or use of the Website and Your conduct, regardless of the means of access.

 

These Terms are a legally binding contract between, Borosil Limited, a company incorporated under the Companies Act, 1956, having registered office 1101, 11th Floor, Crescenzo, G-Block, Plot No. C – 38, Opp. MCA Club, Bandra Kurla Complex, Bandra (East), Mumbai - 400051, India (“Borosil”/ “we” / “us”/ “our”) and the Users of the Website.

 

Unless the context otherwise requires, “Users” / “You”/ “Your” means persons (includes your legal heirs, successors, executors, administrators, attorneys, assigns, legal / authorized representatives) who have registered themselves on the Website for availing the Product(s) and/or Service(s) and/or all persons who use, access, browse, visit, create an account on Website, place an order for Borosil Product(s) and/or Service(s) made available on the Website, and/ or access and/ oruse of any feature of Website in any manner. For the purpose of the Terms, the “Product(s)” means the product listed, displayed and/ or offered for sale on the Website. Further, the “Service(s)” means the services including (Product(s) manual, e- catalogue, Product(s) registration, appliances servicing, interactive chat option, payment gateway, gift card, frequently asked question(s), track order(s), Product(s) registration for availing benefits attached to it including warranty (including return, replacement, repair etc) , service request, orders, favourite, blog, contact us etc.) made available for ease and benefit of the User.

 

Borosil reserves the right /unilaterally right, at any time: (i) upgrade, update, change, replace, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Users without any notice to User in its sole and absolute discretion. Such changes in the Terms shall be made applicable and effective from the date the same are posted and uploaded on the Website. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by Borosil shall be binding on You. Borosil may also alter or remove any content from the Website without notice. Your continued access and/ or use of the Website following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that Borosil or its affiliated organizations may add and/or modify. It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms. 

 

By accessing, browsing, creating an account on the Website, signing up on the Website and /or making use of the any feature(s) of the Website and/or the Product(s) and/or Services(s) available therein {including but not limited to (a) when You access or visit or register on the Website; (b) place an order(s) (including cancel an order); (c) request for issue gift card(s); (d) register the genuine Product(s) purchased from market(s) (either e-market, other platform tied-up with Borosil, open market etc) for the purpose of availing warranty benefits attached to Borosil Product(s); (e) request for Service(s) (including request at customer care); (f) fill out a form on Website; (g) subscribe (including read) to our newsletter, updates, offers [including promotional(s)] in connection with Product(s) and/or Service(s); (h) any other manner as provided in the Website; (i) communication / correspondence with us (through emails, short messenger Service(s), whatsapp, letters, virtual chats, any other mode of communication as provided in the Website from time to time; (j) social media platform; (k) any request to update records of Your Personal information; (l) any other activities, Service(s), features or resources we make available on the Website from time to time}, You unconditionally agree and acknowledge that (i) You are a User; (ii) You have the authority to enter into these Terms; (iii) You have read and accepted all the Terms; (iv) You agree to be bound by all the Terms; and (v) You allow us to send newsletter, updates, offers(including promotional) etc from time to time. The Product(s) and/ or Service(s) offered subject to acceptance of all the terms and conditions contained in the Terms and all polices including the Privacy Policy and all other operating rules, policies, and procedures that may be published on the Website, which are incorporated by reference and may by updated by Borosil without any notice to you. In addition, some Product(s) and/ or Service(s) offered may be subject to additional terms and conditions.

 

If You do not agree to be bound by the Terms, You are advised not to proceed to use, access, browse, and/ or order Product(s) and/or Service(s) that are made available on the Website. The terms and conditions contained in this Terms shall be accepted without modification and condition. The continued access, browsing and/or use of the Website and/or the Product(s) and/or Service(s) would constitute acceptance of the terms and conditions of this Terms.

 

This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. All rights including copyright, in this Website are owned by Borosil. The access and/or use of this Website or its contents, including copying or storing it in whole or part without the permission of Borosil is prohibited.

 

YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE CONDITIONS CONTAINED IN THIS TERMS, AND USE AND ACCESS OF THE WEBSITE AND ORDERING PRODUCT(S) AND/OR AVAILING  SERVICE(S) SHALL BE SUBJECT TO THE TERMS. 

 

Terms for Users

 

  1. Eligibility

 

  1. The Website and/or the Product(s) and/or Service(s) are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to access and/ or use the Website including but not limited to placing order and/or procuring the Product(s) and/or Service(s) of the Website.

 

  1. You represent and warrant that: 

 

  1. You are at least eighteen (18) years of age and are not disqualified from contracting by law; 
  2. You are entering into these Terms out of Your own free will and consent; 
  • You are an Indian citizen and a legal resident of India; 
  1. Your use of the Website and Product(s) ordered and/or Service(s) availed through it do not violate any applicable laws of India.

 

  1. If a User is below, 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Website under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India (“Eligible Person”) and that such Eligible Person has read and agreed to the terms of this Terms on behalf of the User. Should Borosil be made aware that a User is not of the legal age and is accessing, browsing and/or using the Website without the supervision of an Eligible Person, Borosil reserves the right to deactivate such User’s account without further notice. Borosil or its associates do not knowingly collect information from minors.

 

  1. If You register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws. 

 

  1. Product(s) and/or Service(s) Information

 

  1. BOROSIL attempts to be as accurate as possible in the description of the Product(s) on the Website. However, BOROSIL does not warrant that the Product(s) description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or current. The Product(s) pictures are indicative and may not match the actual Product(s).

 

  1. In the event of a Product(s) and/or Service(s) being mistakenly listed at an incorrect description (including price) or non-availability of that Product(s) and/or Service(s), Borosil reserves the right to refuse or cancel any such orders/requests. Borosil without notice reserves the right to refuse or cancel any such orders whether or not the order has been confirmed. No refund, exchanges, or store credits will be given unless on the grounds of incorrect Product(s) description, incorrect Product(s) images, incorrect Product(s) sizes, incorrect price, incorrect image color or typographical errors or where the image displayed differs from the one You reviewed and ordered/ purchased/ requested.

 

  1. BOROSIL reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the Product(s) and/or Service(s).

 

  1. The Product(s) and/or Service(s) available on the Website, and the samples, if any, that Website may provide You, are for Your personal use only and not for the any commercial purpose including but not limited to re-sale, forward sale or any other similar mode of transaction. The Product(s) and/or Service(s), or samples thereof, which You may receive from us, shall not be sold or resold for any/commercial reasons. The User or buyer agrees to use the Product(s) and/ or Service(s) only for their intended purpose. Any other use of the Product(s) and/ or Service(s) may result in to loss, damage and safety issue and the User or buyer assumes full responsibility for any loss or damage arising out of such use.

 

  1. While we make every effort to ensure that the information contained within this Website is correct, we take no responsibility for any loss or damage arising from its use.

 

  1. Any recommendation, blogs, recipe’s etc made to You in the Website during the course of Your access and/ or use of the Website is purely for informational purposes and on “as is where is”, whatever there is basis” and “with all fault basis” and for Your convenience. The same does not amount to endorsement of the Product(s) and/or Service(s) by Borosil or any of its associates in any manner.

 

  1. Product(s) to be used as per Product(s) user manual and terms and conditions provided in the said Product(s) user manual are in addition to this Terms.

 

  1. You agree You must evaluate and accept all risks associated with the access and/ or use of all information on the Website, including any reliance on the accuracy, completeness or usefulness of it. By accessing and/ or using this Website You agree that Borosil, its employees, directors, affiliates, group companies, predecessors, successors, owners, members, shareholders, third parties, agents, officers and its suppliers will not be held responsible and/ or liable for act(s), omission(s) or availability or accuracy of any information (including information of Product(s) and/or Service(s)) on this Website.

 

  1. Product Module 

 

Borosil aims to provide its Users with knowledge content on Product(s) listed on Website. For this purpose, Users have access to a Product(s) manual, e-catalogue, Product(s) pictures and features of the same on the Website. Users agree that any information provided on the Website is only a guide and such information does not constitute the rendering of guarantee, warranty, technical, legal, accounting, tax, career or other professional advice or services. Information shared through the Website should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that Borosil, directly or indirectly, (under law,  tort  equity, contract or under these Terms) have no liability or responsibility in relation to the contents provided therein and/or Service(s) offered by the Website. 

 

  1. Blogs

 

Borosil aims to provide its Users with knowledge content on recipes by using the Product(s) on Website. For this purpose, Users have access to a blog on the Website. Users agree that any information provided on the Website is only a guide and such information does not constitute the rendering of technical or professional advice or services. Information shared through the Website should not be relied upon or used as a substitute for consultation with professional advisors. It is hereby agreed acknowledged by the Users that Borosil, directly or indirectly, (under law, tort,  equity, contract or under these Terms) have no liability or responsibility in relation to the content services offered by the Website.

 

  1. Virtual Assistant

 

Borosil may offer open chat feature/ chat functionality/ virtual Assistant on the Website to enable communication between Users and Borosil on the Website. Borosil’s role is limited to providing the Website and the Product(s) and/ or Service(s) contained in the Website.

 

  1. Advertisements and Promotional offers

 

Borosil reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Website. You agree and confirm to send newsletter, updates, offers (including promotional) etc. from time to time in the emails, mobile numbers, etc. with us for User awareness and to enable You to order and/or request for Product(s) and/ or Service(s) as the case may be.

 

  1. User Account, Password and Security

 

  1. To avail any of the Product(s) and/or Service(s), You are required to register for an account on the Website. The account created by You is personal, non- transferable and/ or non-assignable.

 

  1. If You register on the Website, or if You otherwise provide information on the Website, You agree to (a) provide true, accurate, correct and complete information about Yourself as prompted by the Website, and (b) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to Borosil that is false, misleading, inaccurate, outdated or incomplete, or Borosil has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, Borosil reserves right to suspend or terminate Your account and/or prohibit any and all present or future use of the Website by You, without any notice/intimation to You. 

 

  1. When You register an account on the Website: 
  1. You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification;

 

  1. Upon completing the registration and verification process through OTP, an account will be designated to You.

 

  • You hereby accept that You are responsible for maintaining the confidentiality of Your account and password as well as are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the password, OTP received on Your phone number with any other person for their use of the Website. You acknowledge that the information You provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. You agree to immediately notify Borosil of any unauthorized use of Your account or any other breach of security or reason to believe that the security of Your account has been breached or compromised. If we have found a breach or suspected breach of the security of Your account, we may require You to change Your password, temporarily or permanently block or suspend Your account without any liability to Borosil and Borosil will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account. 

 

  1. You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from Borosil in relation to the following: 
  2. Update, amendment, change in the Terms; 
  3. Specific Service(s) availed through the Website;
  4. Promotional messages including offers, updates on new Service(s) and promotions; 
  5. Payment information.
  6. Borosil recommends that You will not store account details, password and exit or log out from Your account at the end of each session if using a public computer. Borosil cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure (including negligence, act of omission and commission) to comply with the requirements under this section. 

 

  1. If You are accessing, browsing and/or using the Website on behalf of someone else; You represent that You have the right to access and/or use the Website on behalf of that person and/ or authority to bind that person to these Terms. In the event that the person refuses to be bound as the principal to the Terms of Use, You agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access and/or use of the Website in whatsoever nature. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Product(s) and/ or Service(s). It is specifically clarified that payments of monies towards any Product(s) and/ or Service(s) by unauthorised or illegal use of the User’s account shall entirely be borne by the User. 

 

  1. If You have any security related concerns, please contact Support at 1800 22 4552.

 

  1. We reserve the right to: 
    1. Make all decisions in relation to, inter alia, Your registration with Borosil; and 
    2. Request additional documents and additional information from You for the purpose of Your registration as a User with the Website. 

 

  1. For the purposes of registration and identifying a User on the Website, Borosil may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Website, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Website. Registration on the Website is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where You have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Website. User must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and Borosil shall bear no responsibility for any loss arising out of such disclosure. 

 

  1. You understand that on Your registration on the Website or on Your use of any Service(s) or payment for performance and delivery of any Service(s) on the Website, You may receive text messages (including through internet-based mobile messaging) and/or emails from Borosil on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Website in the event there is a change. These messages and/or emails could relate inter alia to Your registration, status of or update in relation to Your order placed for Your desired Product(s) payment information, information pertaining to Product(s) and/ or Service(s)and other activities You carry out on the Website and information pertaining to the promotions that are undertaken by Borosil (or third parties in connection with the Website) from time to time. Further, Borosil may also send You notifications, emails and reminders with respect to the due dates in relation to the delivery of Product(s) and performance of the Service(s), feedback, email for birthday and anniversary greetings etc and/or offer. While Borosil shall make every endeavour to share prompt reminders and notifications in relation to the delivery of Product(s) and performance of Service(s) with You, Borosil shall not be held liable and for any failure to send such notifications or reminders to You. 

 

THE USER - DISCLAIM ANY AND ALL CLAIMS, [INCLUDING BUT NOT LIMITED CLAIMS LOSSES, DAMAGES, LIABILITY (DIRECT OR INDIRECT) OR CONSEQUENCES OF ANY KIND AND NATURE], ACTIONS, SUITS AGAINST BOROSIL ARISING OUT OF THE PRODCUT(S) AND/OR SERVICE(S) PROVIDED OR TRANSACTIONS UNDERTAKEN THROUGH THE WEBSITE. FURTHER, BY EXECUTING THIS TERMS, BOROSIL DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICE(S) FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM USERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS. 

 

  1. Pricing Information

 

  1. BOROSIL strives to provide accurate Product(s) and pricing information, however errors may occur.

 

  1. Prices displayed on Website are inclusive of taxes. All currency and pricing on Website is in Indian Rupee (INR) inclusive of Taxes.

 

  1. BOROSIL cannot confirm the price of the Product(s) until You make the order. Without limiting the generality of Clause 10 (Cancellations, and Returns) below, if a Product(s) is listed at an incorrect price or with incorrect information due to any technical error, BOROSIL shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product(s), unless the Product(s) has already been delivered. In addition to the price, the Borosil may charge delivery charges and same shall be reflected at the time of placing order and/or prior to making final payment.

 

  1. In the event that an item is wrongly priced, BOROSIL may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Payment terms shall be subject to 1Razorpay’s terms and conditions or any other party for such purpose. In the event that BOROSIL accepts Your order the same shall be debited to Your credit card/ debit card account and duly notified to You by email that the payment has been processed. The payment may be processed prior to BOROSIL’s dispatch of the Product(s) that You have ordered. If we have to cancel the order after You have processed the payment, the said amount will be reversed to Your credit / debit card account.

 

  1. PRICES AND AVAILABILITY OF THE PRODUCT(S) AND/OR SERVICE(S) PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF BOROSIL. 

 

  1. BOROSIL may revise and cease to make available any Product(s) and/or Service(s) at anytime. In the event, BOROSIL is unable to deliver the Product(s) and Service(s) to You on time or at all, You will be notified by an e-mail and Your order will be automatically cancelled due to unavailability of the Product(s) or at Your instructions due to failure to deliver the Product(s) and/or Service(s) on the expected time of delivery by our delivery partners. BOROSIL shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

 

  1. Mode of Payment

 

The payment can only be accepted in Indian Rupees. Payments for the Product(s) and/ or Services available on the Website. Borosil has engaged and authorised 1Razorpay for the purpose of ease payment to be made and terms and conditions of Razorpay are in addition to the Terms.

 

  1. Cancellations and Returns
  2. There may be certain orders that Borosil cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or Product(s) information or certain issues identified by Borosil or any other issue which Borosil identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify You in case Your order has been cancelled fully or partially or if any additional information is required to accept Your order.

 

  1. Please refer to Returns Policy provided on our Website to Users for return or replacement of the Product(s).

 

  1. Shipping And Delivery

 

  1. Please refer to our Shipping Policy provided on our Website, as may be amended from time to time.

 

  1. The delivery times are estimated transit guide only. Neither Borosil nor the Borosil’s directors, staff, supplier or third parties will be liable for any failure to observe the indicative delivery guide.

 

  1. You agree, acknowledge and consent to Borosil that Borosil is entitle to share information such name, address, mobile number, contact details etc. to third party for delivery of Product(s) and/or Service(s), such third party shall be under same obligation to use of the aforesaid purpose and in case of breach of obligation under applicable then such third party shall be solely liable and responsible for the same.

 

  1. Your Conduct

 

  1. All activities on Your account or an account managed in Your name are Your responsibility. You should not access and use the Website: 

 

  1. for any purpose that is unlawful, illegal or forbidden by law;
  2. to send communications containing unsolicited/ unauthorized/ misleading advertisements, promotions or marketing material; 
  • that may result in harm to the reputation of or disparage Borosil, the Website and/or the Service(s) provided in any manner; and 
  1. in any manner other than as agreed in the Terms. 

 

  1. You warrant to Borosil that You will comply with all applicable laws, statutes, ordinances, regulations and treaties (if applicable) regarding the use of the Website, and any other related activities. 

 

  1. You are responsible for all the information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us including with respect to its appropriateness, legitimacy and ownership(“User Content”). You must ensure that the User Content provided to Borosil is in conformity with the Terms and applicable laws. When You access and/ or use the Website and/or contact Borosil for any purpose, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any User Content, through the Website and otherwise, that: 

 

  1. belongs to another person and to which You have no right;
  2. is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever. 
  • harms minors in anyway; 
  1. infringes any patent, trademark, copyright, or other proprietary rights; 
  2. violates any applicable laws or contractual obligation; 
  3. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature; 
  • impersonates another person; 
  • contains software viruses, trojan, horses, worm, malware, spyware, ransomware or the like (regardless of the source of origination). or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; 
  1. 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 any other nation; 
  2. 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;

 

  1. Your Obligations

 

  1. You have to provide true, accurate, current and complete information about Yourself while registration on Website 
  2. You should maintain and promptly update registration data to keep it true, accurate, current and complete. If You provide any information that is false, inaccurate, incomplete or not current or if Borosil has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with these Terms, we have the right to indefinitely suspend or terminate Your account, membership and refuse to provide You with access to and/or use of the Website.
  3. In the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information), any extra cost incurred by Borosil for re-delivery shall be claimed from You and You shall bear such expenses, payable on first demand by Borosil without any protest, demure and reference.
  4. You will provide authentic and true information in all instances where such information is requested of You. Borosil reserves the right to confirm and validate the information and other details provided by You at any point of time. Further, Borosil also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, Your details are found to be false (partially or completely), Borosil has the right in its sole discretion to reject the registration and debar You from accessing and/ or using the Service(s) of Website and or other affiliated Websites without prior intimation whatsoever.
  5. You confirm that the name, address (including contact number) at which delivery of the Product(s), ordered by You, is to be made is correct and proper in all aspects.
  6. Before placing an order You shall check the Product(s) description carefully. By placing an order for a Product(s), You agree to be bound by the conditions of sale and invitation to offer included in the item's description.
  7. If there is any delay in the delivery caused due to any natural calamity, public holiday or any other unforeseen/ force majeure circumstance/ events beyond the reasonable control of the Borosil, then You shall not hold Borosil liable for such delay in the delivery of the Product(s) and/ or Service(s).
  8. Intellectual Property 

 

  1. Rights of Borosil

 

  1. You acknowledge and agree that all the rights, title and interests in the Website, and/or in all text, programs, Product(s) and/or Service(s), processes, software, technology, content and other materials, including but not limited to videos, photographs, image, artwork, graphics, audio clips, comments, data, and information, which appear on this Website including Borosil’s compilation of regulatory information, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Borosil.

 

  1. All such rights, title and interests shall continue to vest with Borosil or its licensor during and after the term of this Terms. Access to this Website does not authorize anyone to use any name, logo, mark, trade mark or trade dress in any manner. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading, accessing, using, browsing and/ or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Website or any related software.

 

  • All intellectual property including in relation to the domain name www.myborosil.com, any trademarks, logos, images and other content available on the Website belongs exclusively to Borosil. Through Your access and use of the Website, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Borosil to You. Borosil reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of Borosil or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Website; and

 

  1. Unless explicitly stated or otherwise authorised by Borosil, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name www.myborosil.comand the content on the Website, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

 

  1. In the event of breach, violation and/ or infringement of any intellectual property rights of Borosil as well as the provisions as contained in this Clause 14, Borosil reserves the right and is entitled to take appropriate legal action (civil and/ or criminal)  available under law, tort, equity and these Terms.     

 

  1. Confidential Information

 

  1. Confidential Information” shall mean all data, information and materials including, without limitation, computer software/ program, documents, information, advice, manuals, databases, protocols, application programming interface, web tools, applications and interfaces and specifications provided by Borosil etc., directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Website or otherwise, and whether specifically marked as confidential or not.

 

  1. During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from Borosil, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers, workforce, representative and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel. You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information. 

 

  1. Links and Third Party Websites / Contents/ Applications

 

  1. The Website may provide links, resources on internet or direct You to various third party websites, engines, contents, application etc. (collectively “Third Party Platform(s)”. If You access and/ or use any of the Third Party Platform(s), You may be directed / redirected to such external websites / platform.

 

  1. We have no control over or makes no representations regarding the Third Party Platform(s) which all have their own privacy, data collection and terms and conditions and You acknowledge that Borosil is not liable and responsible for the content, functions, accuracy, legality, appropriateness or any other aspects of the Third Party Platform(s). The Third Party Platform(s) are for Your added convenience and if You decide to visit any such external link(s), You agree to do so at Your own risk, responsibility and liability. Borosil does not endorse any website linked to the Third Party Platform(s) or the information appearing therein or any of the Product(s) and/or Service(s) described therein. You agree that Borosil is no way responsible for the accuracy, timeliness or completeness of information that it may obtain from the Third Party Platform(s) and which may be posted / published on the Third Party Platform(s) and as may be amended from time to time. You are advised use Your own judgment when engaging with Third Party Platform(s) or relying on any information available on the Third Party Platform(s) 

 

  1. Use of such the Third Party Platform(s) shall be governed by a separate agreement between You and such third party. Borosil will have no responsibility and liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any Product(s) and/or Service(s) from such third parties. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with Borosil.

 

  1. User Account Suspension and Deactivation

 

  1. Suspensions or termination of User accounts by Borosil

 

There may be circumstances wherein Borosil, at its sole discretion, will be required to suspend or terminate a User account which will prevent You from utilising certain/all/any features available on the Website. Suspension or termination may occur in the event Borosil has any reason to believe that: 

  1. Your account may be used for fraud or attempt to defraud; 
  2. Your account may be used for money laundering; 
  • You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose; 
  1. You are violating any applicable laws; 
  2. You do not meet the eligibility criteria to access and use of the Website; 
  3. You are trying to access, browse and/ or use the Website from any other territory from where Borosil does not accept Users;
  • You misrepresent or provide wrong or misleading information or commits any act leading Borosil to believe that You have either flouted the standards of integrity or have failed to meet its commitment; 
  • You are violating these Terms in any manner; or 
  1. Borosil is unable to verify or authenticate any information You submit. 

 

  1. Borosil may, at its sole discretion, partially or fully discontinue any or all Product(s) and/ or Service(s), or discontinue the operation of the Website at any time, with one (1) month prior written notice, without any liability. Borosil will publish a general intimation to that effect on the Website, which shall be applicable to all the Users. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.

 

  1. The User may terminate the Terms at any time, provided that the User discontinues any further use of the Website or Service(s). 

 

  1. Without limiting Borosil’s other remedies, Borosil may issue a warning, or suspend (temporarily or indefinitely) or terminate Your account or an agreed Service, and refuse to provide any or all Product(s) and/or Service(s) to You if:

 

  1. You breach the letter or spirit of any terms and conditions of the Terms;
  2. Borosil is unable to verify or authenticate any information You provide to us; or
  • Borosil believes in its sole discretion that Your actions may cause legal liability for You or Borosil or are contrary to the interests of the Website. Once indefinitely suspended or terminated, You must not continue to use the Website under the same Account, a different Account, or register under a new Account. 

 

  1. When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Website. The material may be deleted along with all Your previous posts and proposals. 

 

  1. In case of events falling under (a) to (e) herein above, Borosil may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then Borosil will continue to suspend the user account. Borosil also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of these Terms or applicable laws. Borosil will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. 

 

  1. In addition to the above, Borosil reserves the right to suspend Your user account at any time without assigning any reason whatsoever.

 

  1. Upon suspension of Your user account, regardless of the reason(s), all rights granted to You hereunder will immediately cease and Your right to access and/ or use the Website reserved for Users on the Website immediately ceases. Borosil shall not be liable to You or any third party for any claims or damages arising out of any suspension of Your user account or any other actions taken in connection with such account suspension. 

 

  1. It is specifically clarified that any termination/suspension of the Terms by a User shall not cancel the User’s obligation to pay for any Product(s) ordered and/ or purchased and/or availed Service(s) using the Website, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination/ suspension. 

 

  1. Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms. 

 

  1. Deactivation of user account or any Service(s) by You

 

  1. You may deactivate Your user account and the Service(s) by writing to Borosil at myborosil@borosil.com Should You wish to resume using the Website, You will be required to reactivate the existing account at any time by writing to Borosil at myborosil@borosil.com or raising request to our Call Centre at 1800-22-4552.

 

  1. Upon deactivation, all licenses, rights granted to You hereunder will immediately cease and Your right to access and/ or use the Service(s) reserved for registered Users on the Website immediately ceases. Borosil shall not be liable to You or any third party for any claims or damages arising out of any deactivation of Your user account or any other actions taken in connection with such account deactivation. You also understand and agree that though you may delete your account or some information from Your account, the same may still appear in some online searches. Borosil has no control over the search results that show up in the Third Party Platform(s).

 

  1. Website Security

 

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation:

 

  1. Accessing data not intended for You or logging onto a server or an account which You are not authorized to access.

 

  1. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

 

  1. Attempting to interfere with Service(s) to any other user, host or network, including, without limitation via means of submitting a virus trojan horses, worm, malware, spyware, ransomware, or the like (regardless of the source of origination). to the site, overloading, flooding, spamming, mail-bombing or crashing.

 

  1. Sending unsolicited email, including promotions and or advertising of Product(s) and/or Service(s);

 

  1. Forging any part of the header information in any email or newsgroup, posting violations of system or network security may result in civil or criminal liability (direct or indirect). Borosil will investigate either on its own or with the help of state/central investigation agencies, at its sole discretion, the occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g. Microsoft Explorer, Google Chrome, Mozilla Firefox etc.).

 

  1. Liability Disclaimer

 

  1. All Product(s) and the information displayed on Website, Your order/ request for purchase of Product(s) and/ or for availing Service(s), shall be subject to these Terms. We reserve the right to accept or reject Your order for purchase of Product(s) and/ or provision of any Service(s) in part or in full. Our acceptance of Your order will take place upon the dispatch of the Product(s) ordered. Dispatch of Product(s) ordered, may happened at different time. In such a scenario, that portion of the order which has been dispatched will be deemed to have been accepted by us and we reserve the right to either accept or reject the balance order.

 

  1. No act or omission of Borosil prior to the actual dispatch of the Product(s) ordered will constitute acceptance of Your order. If You have provided us with Your email address, we will notify You by email as soon as possible to confirm receipt of Your order and confirm dispatch and therefore, acceptance of the order thereafter.

 

  1. We take no responsibility for any loss or damage suffered as a result of the order online service or Product(s) and/or Service(s) supplied using the same, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.

 

  1. Borosil shall not be liable for accidental, special, or consequential damages that result from the use of, the inability to access, browse and/ or use this Website or the performance of the Product(s) and/ or Service(s). The User, on his own behalf (and on behalf of his legal heirs, executors, administrators, successor and assigns) hereby unconditionally and irrevocably releases, waives and forever discharges Borosil and each of its affiliates, group companies, successors, the subsidiaries, directors, owners, members, shareholders, officers, agents, consultants and employees from any and all causes of action, claims, losses, liability and damages, suits, counterclaim whatsoever in law, at equity or otherwise, of whatsoever kind and nature, including attorneys’ fees, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, asserted, accrued, contingent, or otherwise direct or indirect and whether or not concealed or hidden arising out of access, browse and/or use of Website. Such waiver and release being full knowledge and understanding of the circumstances and effect thereof. .

 

  1. You agree that access and/ or use of the Website and the Service(s) on the Website is at Your sole discretion. Borosil is not responsible or liable for any consequences arising out Your access and/ or use of the Website.

 

  1. The Website is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. Borosil is not liable for any network, technical or other operational difficulties or problems which may result in loss of Your data, monetary loss, personalization settings or other interruptions in the features offered on the Website. Neither Borosil nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Website or Service(s), content on the Website or Your personalization and / or User account settings. 

 

  1. The Website may contain links to other Websites maintained by third parties located in different location / countries. Borosil does not have any control over such third party Websites. You are advised to read and review the terms and conditions, privacy policy and other terms of use of each Website that You visit, access, browse and/ or use. However, You should be aware that we cannot be held responsible for such Websites and cannot make any representations and warranties about them. We provide these links for Your convenience, but we do not monitor or endorse these Websites.

 

  1. The Website is to be used by Indian adults residing in India only and if any access and/ or use of Website by any other person as mentioned hereinabove outside India, then Borosil shall not be liable and responsible for performance of its obligation for order placed / services (including for any Personal Information shared at Website or any covered above. However reasonable care would be taken to protect the Personal Information in-line with international best practices. In case of conflict of law (due to information shared by any person other than Indian adults residing in India) then You hereby expressly agree and consent to applicable law would be Indian law (as amended from time to time) only for all and whatsoever purpose.

 

  1. We shall have no responsibility for any damage to Your computer system(s), loss of data for whatsoever reason that results from the access and/ or use of the Website or its content. 

 

  1. Indemnity

 

  1. You hereby agree to defend, hold harmless and indemnify Borosil and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates, other service provider of Borosil from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim(s), suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with
  2. Your access and/ or use of the Website, 
  3. Your breach of any provision of the Terms, 
  • actual and/or alleged infringement, by any other User of Your account with Borosil, 
  1. actual and/or alleged infringement of any intellectual property or other right of any person or entity, and
  2. any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part. 

 

Borosil shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide Borosil with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost. 

 

  1. If You are accessing and/ or using this Website on behalf of any legal entity, then You and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with Your access and/ or use of the Website, Service(s), or the content posted by You on the Website; or Your breach of any provision of the Terms; or any negligent or intentional wrongdoing by You on the Website. 

 

  1. You shall not settle or compromise any such matter in respect of which any indemnity claim arises without Borosil’s prior written consent. Borosil shall be entitled to participate in such defence through our own counsel at Your cost and expense. 

 

  1. Limitation of Liability

 

To the fullest extent permitted under  law,  tort, strict liability, negligence, equity, any other legal and equitable theory or these Terms, in no event Borosil, nor its group companies, directors, employees, agents, suppliers, vendors, or content providers, consultant etc. are liable  and/or will be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Website or Product(s) and/or Service(s), even if Borosil has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence, strict liability), including without limitation to damages due to:

 

(a) the access and/ or use of or the inability to access and/ or use the Website,

(b) conduct of any User on the Website,

(c) unauthorized access and/ or use to or alteration of transmissions or data,

(d) malicious or criminal behaviour, or false or fraudulent transactions, or

(e) technical or other operational lapses on the Website.

(g) failure to comply the Terms of Use of the Website,

(h) for any bugs, viruses, trojan horses or the like (regardless of the source of origination);

(j) to any Force Majeure Event(s) (defined below), third party intervention, change in law or economic circumstance, mechanical, electronic or communication (including internet, telecommunication, courier,) failure or degradation and/ or any other events which are beyond the reasonable control of Borosil. 

 

In any event, the liability of Borosil arising out of the Terms shall not exceed Product(s) fee, if any, paid to Borosil. 

 

  1. Personal Information and Data Security

 

  1. Borosil may collect, maintain, store, use, process and transfer information provided by You at the time of registration of Your user account, or during the course of Your access and/ or use of the Website, including Your personal information that shall be governed by the applicable data protection laws in India and the Privacy Policy. 

 

  1. For more information on the security measures and systems that Borosil has in place for the protection of personal Information collected from You on the Website, kindly refer to our Privacy Policy. Acceptance of this Term shall deemed to be acceptance of Privacy Policy. 

 

  1. Borosil is not responsible for and disclaims all liability in relation to any information, data and/or personal information directly shared by Users to third parties via the Website.

 

 

  1. Governing Law & Jurisdiction

 

  1. The Terms is governed by the provisions of Indian law.

 

  1. Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Mumbai, Maharashtrashall have exclusive jurisdiction over all matters connected with these Terms and Your access and/ or use of the Website.

 

  1. Dispute Resolution

 

  1. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may reach out to customer support at 1800-22-4552 or write an e-mail to us on myborosil@borosil.com.

 

  1. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) working days, gives a notice to this effect, to the other party in writing. 

 

  1. If Parties are unable to resolve the dispute within thirty (30) days through negotiation, Borosil and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator mutually appointed by Borosil and the disputing User. Arbitration awards shall be reasoned awards and shall be final and binding on Borosil and the disputing User/s and shall be enforceable in any court of competent jurisdiction. 

 

  1. Term 

 

The Terms will remain in full force and effect while You are registered with the Website or access and/or use any Service(s) available on the Website in any form or capacity as a User. 

             

  1. Independent Contractor

 

These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and Borosil, and in no circumstances, shall Borosil be considered an agent of Users. Borosil does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms. You acknowledge and agree that You have complete discretion whether to procure any Product(s) and/ or Service(s) or otherwise engage in activities on the Website.

 

  1. General Provisions

 

  1. Entire Terms: For Users, the Terms constitute an entire, valid and binding agreement between You and Borosil and governs Your access and/or use of the Website. In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Users and the Website. 

 

  1. Binding Nature:These Terms  shall be binding upon You and Borosil and Your legal heir, administrator, executor, successors-in-interests and permitted assigns.

 

  1. Severability:If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

 

  1. Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.

 

  1. Assignment:Your relationship with Borosil is a personal arrangement. You may not assign or sub-license, without the prior written consent of Borosil, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. Borosil may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates. 

 

  1. Force Majeure: We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport labor disturbances(including strike, lockouts etc.) accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of Borosil (collectively “Force Majeure Events”) . These Terms is effective unless and until terminated by either You or Borosil.

 

  1. You may terminate these Terms at any time by informing us in writing through email, Indian postal services by registered/ speed post that You no longer wish to be associated with this Website, provided that You discontinue any further access and/ or use of this Website. Borosil may terminate the Terms at any time and may do so immediately without notice, and accordingly deny You access to and/ or use of this Website. Such termination will be without any liability to Borosil. Upon any termination of the Terms by either You or Borosil, You must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms or otherwise. Borosil's right to any comments shall survive any termination of these Terms. Any such termination of these Terms shall not release, wavier and/or cancel Your obligation to pay for the Product(s) and/or Service(s) already ordered from the Website or affect any liability against You that may have arisen under these Terms. 

 

  1. Newsletter: When completing a purchase from Website as a User the process involves automatically defaulting to yes to receive our newsletter and updates. You will need to select no to this section of the purchase process if You do not wish to receive our newsletter. If You do not wish to receive these, You can choose to unsubscribe from the unsubscribe link provided in each newsletter.

 

  1. Reviews: Approval of Product(s) and/or Service(s)reviews will be at Borosil’s discretion

 

  1. Notices: All notices and communications to the Website shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

 

Postal Address

Borosil Limited,

1101, 11th Floor, Crescenzo,

G-Block, Plot No. C – 38, Opp. MCA Club,

Bandra Kurla Complex,

Bandra (East), Mumbai – 400051

Email Address: myborosil@borosil.com

 

Legal notices will be served to the email address You provide to us while enrolling as a User on the Website. Notice will be deemed given 24 hours after such email notice has been sent. 

 

  1. Contact Us

 

If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Service(s), please contact us at 1800-22-4552 Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns.

 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: myborosil@borosil.com.

 

These Terms of Use were last updated on: -------------------