PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, http://www.thepegasus.co.in/ (the “Website”), which belongs to Pegasus Waste Management Private Limited, a private limited company registered under the Companies Act, 2013 under the laws of India (herein referred to as “Pegasus“) offer of products or services for purchase on this Website, or your purchase of products or services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Pegasus reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Pegasus will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Pegasus encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Pegasus for other 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.
1. PRODUCTS AND SERVICES
- Terms of Offer: This Website offers for sale certain products and services. By sharing your contact details in our Product/Service enquiry form through this Website, you agree to the terms set forth in this Agreement.
- Customer Solicitation:Unless you notify our third-party call center reps or direct Pegasus sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Pegasus and its designated in house or third party call team(s).
- Proprietary Rights: Pegasus has proprietary rights and trade secrets in the Products and services. You may not copy, reproduce, resell or redistribute any Product and Services manufactured and/or distributed by Pegasus. Pegasus also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
- Content; Intellectual Property; Third Party Links: In addition to making Products and Services available, this Website also offers information and marketing materials. Pegasus does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Pegasus does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Pegasus does not endorse the contents on any such third-party websites. Pegasus is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
- Use of Website: Pegasus is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
3. DISCLAIMER OF WARRANTIES
- Your use of this website and/or products or services are at your sole risk. The website and products or services are offered on an “as is” and “as available” basis. Pegasus expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or services or website content, or any reliance upon or use of the website content or products or services. (“products” include trial products.)
- Without limiting the generality of the foregoing, Pegasus makes no warranty:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
- As to the results that may be obtained from the use of the products or that defects in products will be corrected.
- Regarding any products purchased or obtained through the website.
- Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
4. LIMITATION OF LIABILITY
- Pegasus entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products or services purchased via the website.
- Pegasus 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.
- You will release, indemnify, defend and hold harmless Pegasus, 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) the Products or Services your use of the Products or Services (including Trial Products or Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Pegasus. When Pegasus is threatened with suit or sued by a third party, Pegasus may seek written assurances from you concerning your promise to indemnify Pegasus; your failure to provide such assurances may be considered by Pegasus to be a material breach of this Agreement. Pegasus 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 or Services, with counsel of Pegasus choice at its expense. Pegasus 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 Pegasus against any claim, but you must receive Pegasus 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 or Services.
7. AGREEMENT TO BE BOUND
- By using this Website or ordering Products or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
- Force Majeure: Pegasus 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, act of God, war, terrorism, Pandemics, Epidemics armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: Pegasus may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products or Services.
- Entire Agreement: This Agreement comprises the entire agreement between you and Pegasus and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver: The failure of Pegasus 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 and Jurisdiction. This Website originates from New Delhi, India. This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor Pegasus will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi. By using this Website or ordering Products or Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising 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 use of the Website or Products or Services 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 entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
- Termination: Pegasus reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Pegasus may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website is terminated, Pegasus reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Pegasus chooses, in its sole discretion and without advance to you, to terminate it.
- Domestic Use: Pegasus makes no representation that the Website or Products or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- Assignment: You may not assign your rights and obligations under this Agreement to anyone. Pegasus may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
You agree that, unless other instructions are posted on this website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Website.com posted on the Website.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
- RESERVATION OF RIGHTS
Pegasus reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Website.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Website.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time, when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.