Effective Date: 24/08/2024

Introduction

Welcome to Silo Heavy Equipment (“we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your use of our website [Insert Website URL], and any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access the Site.

1. Acceptance of Terms

By accessing the Site, you confirm that you are at least 18 years old or the legal age of majority in your jurisdiction. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

2. Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. We will alert you about any changes by updating the “Effective Date” of these Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.

3. Use of the Site

3.1 License to Use the Site
We grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for your personal or commercial use, provided that you do not:

• Modify or create derivative works based on the Site’s content.
• Use the Site for any commercial purposes without obtaining our prior written consent.
• Use the Site in any unlawful manner, or in any manner that could damage, disable, overburden, or impair the Site.

3.2 User Responsibilities
You are responsible for:

• Ensuring that any information you provide to us is accurate, complete, and current.
• Maintaining the confidentiality of your account and password, and for restricting access to your computer and account.
• All activities that occur under your account or password.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

• Engaging in any unauthorized framing of or linking to the Site.
• Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Using the Site to advertise or offer to sell goods and services not related to the Site’s purpose.
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.

5. Intellectual Property Rights

5.1 Ownership of Content
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

5.2 Limited License to Content
You are granted a limited license to access and use the Site and the Content, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You shall not:

• Reproduce, distribute, publicly display, publicly perform, create derivative works from, or otherwise exploit any of the Content for any purpose without our express prior written permission.
• Modify, reverse engineer, disassemble, or decompile any portion of the Site or the Content.

6. User-Generated Content

6.1 Responsibility for User Content
You may be able to post, upload, submit, or otherwise make available content through the Site (collectively, “User Content”). You retain ownership of any intellectual property rights that you hold in the User Content. However, by posting User Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform, and publicly display such User Content in any and all media formats and channels now known or later developed without compensation to you.

6.2 Prohibited User Content
You agree not to upload, post, or otherwise make available any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, or abusive.
• Promotes violence, discrimination, racism, hatred, or harm against any individual or group.
• Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Contains unsolicited or unauthorized advertising, promotional materials, or any form of solicitation.
• Contains any material that could be harmful to minors.

7. Third-Party Links and Content

The Site may contain links to third-party websites (“Third-Party Sites”) and may display content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for the availability, accuracy, or content of such Third-Party Sites or Third-Party Content. Your interactions with such Third-Party Sites or Third-Party Content are solely between you and the third party, and we shall not be liable for any loss or damage caused by your engagement with such third parties.

8. Product and Service Descriptions

We strive to ensure that the descriptions of the products and services available on the Site are as accurate as possible. However, we do not warrant that the descriptions are complete, reliable, current, or error-free. If a product or service offered by us is not as described, your sole remedy is to return it in accordance with our return policy.

9. Orders and Payment

9.1 Order Acceptance
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

9.2 Pricing and Payment
All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. We may use third-party payment processors to process transactions, and you agree to pay all charges at the prices then in effect.

10. Return Policy

Please review our Return Policy posted on the Site prior to making any purchases.

11. Termination

We reserve the right to terminate or suspend your account and access to the Site, without notice and liability, if we determine, in our sole discretion, that you have violated any of these Terms or engaged in any conduct that we deem inappropriate or detrimental to the Site or other users.

12. Disclaimer of Warranties

The Site and all Content, products, and services provided through the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, and title.

13. Limitation of Liability

To the fullest extent permitted by law, in no event shall we, our directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Site.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Site.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party.

14. Indemnification

You agree to indemnify, defend, and hold harmless Silo Heavy Equipment, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Site.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property or privacy right.
• Any claim that your User Content caused damage to a third party.

15. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within [Insert Jurisdiction] for the resolution of any disputes arising out of or relating to these Terms or the Site.

16. Dispute Resolution

16.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

16.2 Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in [Insert Location], in the English language, and governed by the laws of [Insert Jurisdiction].

16.3 Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

16.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

17. Miscellaneous

17.1 Entire Agreement
These Terms, together with any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us.

17.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

17.3 Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms at our discretion without restriction.

17.5 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference).

18. Contact Us

If you have any questions about these Terms, please contact us at:

Silo Heavy Equipment
[Insert Address]
support.siloheavyequipment.com

+91 7565086866