Terms of Use

Preamble

These Terms of Use (the “Terms”) govern every access to and use of the website at burhanirubber.com (the “Website”) and of the Business Systems defined in Clause 1, which are operated by Burhani Rubber Products (the “Company”, “we”, “us”).

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and require no physical or digital signature. They are to be read together with the Privacy Policy and the Cookies notice, which form part of them.

By accessing or using the Website or any Business System, you agree to these Terms. If you do not agree, you must not access or use them.

1. Definitions

1. “Applicable Law” means every law, rule, regulation, notification and binding order in force in India from time to time.
2. “Business Systems” means the Company’s business software, including the application at app.burhanirubber.com and the SimplyTally desktop application, and any other system the Company makes available only to persons it authorises.
3. “Content” means everything published on the Website, including text, product descriptions, specifications, photographs, drawings, logos and layouts.
4. “Enquiry” means any request, message or information sent to the Company through the Website, or by e-mail, telephone or messaging application in response to it.
5. “Products” means the goods the Company makes, trades or supplies.
6. “Sales Documents” means the Company’s written quotation, order confirmation, tax invoice and any written terms of sale that accompany them.
7. “You” means any person who accesses or uses the Website or any Business System, and, where that person acts for a business, that business as well.

2. What the Website is

2.1 Information and enquiries

The Website provides general information about the Company and its Products, and a means to send an Enquiry. It is not a shop: nothing can be bought, ordered or paid for on it.

2.2 Not an offer

Product descriptions, photographs, dimensions, materials, compounds, hardness, temperature and pressure ratings, tolerances, standards and any prices shown on the Website are indicative only, may change without notice, and are an invitation to enquire. They are not an offer capable of acceptance.

2.3 Contracts for Products

A contract for the supply of Products comes into existence only when the Company accepts a written purchase order by a written order confirmation or by issuing a tax invoice. Every such supply is governed by its Sales Documents. Where the Sales Documents and these Terms differ on a matter concerning that supply, the Sales Documents prevail.

2.4 Suitability for an application

The selection of a rubber or polymer product for a particular application depends on conditions that only the user can know, including the media it will meet, temperature, pressure, speed, groove and gland dimensions, surface finish, compression, ageing, and any requirement for contact with food, potable water, pharmaceuticals or medical use. The choice of a Product for an application, and its testing under actual conditions before use in production, is entirely the responsibility of the buyer. Any technical information or recommendation given on the Website or in reply to an Enquiry is general guidance given in good faith, and is not a warranty of performance in any application.

2.5 Images

Photographs and drawings illustrate a Product. Colour, finish, markings and packaging of the Product supplied may differ from them.

3. Enquiries

1. You shall give accurate and complete particulars in an Enquiry, and shall include the personal data of another person only where you are entitled to share it with the Company.
2. The Company may reply to, decline or leave unanswered any Enquiry, and is under no obligation to quote for or supply any Product.
3. You should not send through the Website any information you regard as confidential. Drawings and specifications sent for a quotation are handled as described in the Privacy Policy, and no obligation of confidentiality arises from an Enquiry unless the Company agrees to one in writing.
4. The enquiry form applies automated checks against unsolicited and automated submissions, and may refuse a submission that fails them.

4. Business Systems

4.1 Authorised persons only

The Business Systems are for the Company’s personnel and for such other persons as the Company authorises in writing. Access by any other person is prohibited and may constitute an offence under Sections 43 and 66 of the Information Technology Act, 2000.

4.2 Credentials

Credentials and signed-in devices are personal to the person to whom they are issued and shall not be shared. Every act done under a person’s credentials or on a device signed in as that person is attributed to that person. A lost device or a suspected compromise shall be reported at once to admin@burhanirubber.com.

4.3 Withdrawal

The Company may grant, restrict, suspend or withdraw access to any Business System, and sign out any device, at any time, without notice and without giving reasons. Use of a Business System is subject to these Terms and to the Company’s instructions issued from time to time.

5. Acceptable use

5.1 General obligation

You shall use the Website and the Business Systems only for lawful purposes, in accordance with these Terms and Applicable Law, and in a manner that does not harm, burden or endanger them, the Company or any other person.

5.2 Prohibited conduct

You shall not, and shall not attempt to, or assist or enable any person or automated agent to:

1. send or publish through the Website any information that is unlawful, false, misleading, defamatory, obscene, harassing, infringing or otherwise prohibited by Applicable Law;
2. impersonate any person or business, or misrepresent any identity, authority or affiliation;
3. send unsolicited commercial messages, bulk submissions or false Enquiries through the Website;
4. access, probe, scan, enumerate, fingerprint or test the vulnerability of the Website, any Business System or the infrastructure behind them, without the Company’s express prior written authorisation;
5. conduct or attempt any brute-force, credential-stuffing, injection, cross-site, request-forgery, session-hijacking, denial-of-service or other attack;
6. introduce any virus, worm, ransomware, spyware, malicious code or harmful component;
7. circumvent, disable or interfere with any authentication, permission, rate limit, content security policy or other security feature;
8. reverse engineer, decompile or disassemble any Business System, except to the extent Applicable Law expressly permits despite this restriction;
9. use any robot, crawler, scraper, headless browser or other automated means to copy, harvest or extract the Content, other than a public search engine that honours the Website’s robots.txt;
10. use the Content or any data obtained from the Website or a Business System to train, fine-tune or evaluate any machine learning model or artificial intelligence system;
11. frame or mirror the Website, or remove, obscure or alter any proprietary notice, trade mark or attribution.

5.3 Consequences

On any breach or suspected breach of this Clause 5, the Company may, without notice, block access, withdraw access to any Business System, preserve and disclose logs and records to a Governmental authority or law enforcement agency, report the matter, and pursue every civil and criminal remedy available in law. The exercise or non-exercise of these powers creates no duty or liability on the Company’s part.

6. Intellectual property

1. The Website, the Business Systems and the Content, including the name “Burhani Rubber Products”, its logo and every variant of them, are the exclusive property of the Company or its licensors, and are protected by the Copyright Act, 1957, the Trade Marks Act, 1999, the Designs Act, 2000 and the law of passing off.
2. You may view the Content, and print or save a reasonable number of pages, solely to evaluate the Products for your own business. No other right is granted, by implication or otherwise.
3. You shall not use the Company’s name or marks, or any name, mark, domain name or social media handle deceptively similar to them, without the Company’s prior written consent.
4. Any suggestion or feedback you give about the Website or the Products may be used by the Company freely, without obligation of attribution or payment.

7. Third parties and links

The Website may link to, or be shared through, websites, applications and messaging services operated by others, including e-mail and WhatsApp. Each is governed by its own terms and privacy policy. The Company does not control them and is not responsible for their content, availability, security or practices.

8. Availability and changes

The Company may change, suspend or withdraw the Website, any Business System or any Content, in whole or in part, at any time and without notice. No level of availability, performance or support is promised, and the Content may not be current.

9. Disclaimer of warranties

The Website, the Business Systems and the Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by Applicable Law, the Company excludes every warranty, condition and representation, express or implied, in respect of them, including as to accuracy, completeness, currency, merchantability, fitness for a particular purpose, uninterrupted or error-free operation, security, and freedom from viruses or other harmful components.

The only warranties given in respect of a Product are those stated in its Sales Documents. Nothing on the Website creates any other warranty in respect of a Product.

10. Limitation of liability

10.1 Excluded loss

To the maximum extent permitted by Applicable Law, neither the Company nor its proprietor, employees, agents or service providers shall be liable, in contract, tort (including negligence), under statute or otherwise, for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, contract, goodwill, data or anticipated savings, arising out of or in connection with the Website, the Business Systems, the Content, any Enquiry, or any reliance on any of them.

10.2 Aggregate cap

The total liability of the Company for all claims arising out of or in connection with the Website and these Terms shall not exceed Indian Rupees One Thousand (INR 1,000).

10.3 Products

Liability in respect of a Product is governed solely by its Sales Documents, and Clause 10.2 does not apply to it.

10.4 Statutory savings

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for fraud and any right that the Consumer Protection Act, 2019 confers where it applies.

11. Indemnity

You shall indemnify and hold harmless the Company, its proprietor and its personnel against every claim, loss, penalty and cost, including reasonable advocates’ fees, arising out of your breach of these Terms, your unlawful use of the Website or a Business System, or any personal data or other information you send to the Company without being entitled to do so.

12. Privacy

The Company handles personal data as described in the Privacy Policy, and cookies and device storage as described in the Cookies notice.

13. Disputes

13.1 Notice of dispute

Before beginning any proceeding against the Company, you shall send a written notice of dispute to admin@burhanirubber.com, setting out the facts, the provisions relied on and the relief sought, and shall allow the Company thirty (30) days from its receipt to resolve the matter.

13.2 Arbitration

Any dispute arising out of or in connection with these Terms, the Website or a Business System that is not resolved under Clause 13.1 shall be referred to and finally resolved by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The arbitrator shall be appointed by agreement of the parties, failing which under Section 11 of that Act. The seat and venue of arbitration shall be Bengaluru, Karnataka, India, and its language English. Either party may seek interim relief from a court at Bengaluru, Karnataka.

13.3 Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to Clause 13.2, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over every matter arising out of or in connection with them.

13.4 Individual basis

To the extent permitted by Applicable Law, every dispute shall be resolved on an individual basis, and not as part of any class, collective or representative proceeding.

14. Grievance redressal

Grievances concerning the Website, a Business System or these Terms may be sent in writing to the Grievance Officer, Burhani Rubber Products, at admin@burhanirubber.com. A grievance should identify the person making it and set out its particulars with any supporting material. It will be acknowledged and disposed of within the period Applicable Law prescribes.

15. Force majeure

The Company is not liable for any delay or failure arising from an event beyond its reasonable control, including natural calamity, epidemic, war, civil disturbance, strike, failure of power, telecommunications or internet connectivity, failure of a hosting or other third-party provider, cyber attack, or any act or order of a Governmental authority.

16. General

1. The Company may amend these Terms at any time by publishing a revised version on the Website with a new effective date. Use of the Website or a Business System after publication is acceptance of the revised Terms.
2. If any provision of these Terms is held unenforceable, it shall be read down to the minimum extent necessary, and the remainder shall continue in full force.
3. No failure or delay by the Company in exercising a right is a waiver of it.
4. You may not assign these Terms. The Company may assign them to a successor to its business.
5. These Terms are written in English, and the English version prevails over any translation. Headings are for convenience only.