1. ACCEPTANCE OF TERMS AND CONDITIONS OF USAGE

Thank you for visiting our website. You are requested to read the terms and conditions of usage (“Terms & Conditions”) carefully before accessing or using this website of Horse Power Solutions (“HORSE POWER SOLUTIONS  ’’, “we”, “us” or “our”), hereinafter referred to as the “Website”. By accessing or using the Website, you irrevocably and unconditionally acknowledge and accept to be bound, without any limitation or qualification whatsoever, by the following Terms & Conditions of use. In the event that you do not understand or accept any of the Terms & Conditions stated herein, you should discontinue your use of the Website.

You warrant that you are at least 18 years of age and possess the legal authority to enter & use the Website in accordance with the Terms & Conditions mentioned herein.

To the extent permissible by law, HORSE POWER SOLUTIONS  reserves the right to modify or revise these Terms & Conditions at any time without providing any notice or intimation. You are bound by any such modification or revision and therefore each time before accessing or using the Website, you should visit this webpage to review the Terms & Conditions. Your continued use of this Website after any such changes are released shall be deemed as your acceptance of said changes. You may also wish to review the HORSE POWER SOLUTIONS  Privacy Policy before using the Website.

2.WEBSITE INFORMATION AND EXPLANATION

The Website can be accessed from anywhere in the world but is intended to cater within the geographical limits of India. The Website contains information regarding HORSE POWER SOLUTIONS  and its product range, specifically available for the use of citizens residing in India and all pricing information referred to on the Website is in Indian currency.

Should you choose to visit this Website from countries or regions outside India, you may do so out of your own volition, however the usage of the Website shall at all times be governed by the relevant laws applicable in India.

3.WEBSITE CONTENT

All texts, images, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter referred to as ‘Content’), including but not limited to the ideas, design, structure, expression, and display of the aforementioned Content, are legally owned, controlled, or legitimately authorized to be used by HORSE POWER SOLUTIONS  only. You are hereby granted a non-exclusive, non-transferable, limited license to only view the information appearing on the Website. No part of the Website, including but not limited to the Content retrieved there from and the underlying code, shall be reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means whatsoever. In no event shall the Content from the Website be stored in any information storage and retrieval system without the prior written consent of HORSE POWER SOLUTIONS .
Unless otherwise stated in these Terms & Conditions, you shall not use the Content on the Website for any commercial purpose in any manner whatsoever without HORSE POWER SOLUTIONS ’s prior written consent.

You may download information presented on the Website in relation to HORSE POWER SOLUTIONS ’s products at your sole risk, and without any express or implied warranty from HORSE POWER SOLUTIONS  , provided that:

• such information is used solely for personal purposes and not for any commercial purposes whatsoever;
• no alterations or modifications of any kind are made to such information;
• no further statements and warranties shall be made with regard to such information or documents containing such information for or on behalf of HORSE POWER SOLUTIONS ;
• no statements and/or notifications indicating HORSE POWER SOLUTIONS ‘s ownership of and other legal rights and interests in relation to such information shall be removed, in part or in full;
• such information is not reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means.

4. USAGE STANDARDS

The Website and its Content cannot be used illegally or for any purpose prohibited in these Terms & Conditions, nor can they be used to infringe any the legal rights and interests of HORSE POWER SOLUTIONS   or other persons or organizations.

You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this Website or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this Website by any method or means whatsoever.

You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to the Website or its Content. You shall not trace, reverse engineer, decrypt, or decode any information on the Website.

You shall not violate any of the security mechanisms or authentication measures utilized by or linked to the Website. You shall not probe, scan, or otherwise test for any network weaknesses of this Website or those linked to it, nor hack or launch any form of attack against it including any malware attack.

You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of the Website, or to interfere or attempt to interfere with the use of the Website by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on the Website’s infrastructure, system, or network, or on systems or networks that are linked to the Website.

5. ACCOUNT, PASSWORD AND SECURITY

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to

• Email address
• First name and last name
• Phone number
• Address, Country, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

6. EXTERNAL LINKS

To the extent that the Website  contains links to the dealer/DISTRIBUTOR websites, advertisement banners, information about outside services and resources offered by third parties, HORSE POWER SOLUTIONS   does not give any express or implied warranties or guarantees regarding the Content, services, and information provided on such linked websites. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource provider. HORSE POWER SOLUTIONS  provides these links only for the convenience of visitors to the Website. You can visit any and all of the linked websites entirely at your own discretion, however HORSE POWER SOLUTIONS   shall assume no responsibility for the outcome of any such interactions.

7. PRIVACY

The website is subject to HORSE POWER SOLUTIONS  ’s Privacy Policy, the details of which can be viewed by selecting “Privacy Policy” in the bar at the bottom of web pages on the Website.

It should be noted that the network link and data transmitted between yourself and the Website are neither completely safe nor confidential. Though HORSE POWER SOLUTIONS  endeavors to maintain the highest standards of network security, it is possible that information and data you send to the Website could be intercepted by others. HORSE POWER SOLUTIONS  is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and the Website.

8. RESERVATION OF RIGHTS

HORSE POWER SOLUTIONS  reserves the right, in its sole discretion, to perform the following actions at any time without giving notice:

• Suspend or terminate operation of, or access to, all or part of the Website at any time, irrespective of the reason;
• Fix or alter all or part of the Content of the Website as well as any applicable policies, terms, or clauses including these Terms & Conditions; and
• Suspend operation of all or part of the Website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.

9. DISCLAIMER

HORSE POWER SOLUTIONS  does not guarantee the availability, continuity, and accessibility of the Website or its Content. The Website and its Content are provided on an ‘as is’ basis. You, as the user, bear all responsibilities for usage of the Website and any website linked to it. HORSE POWER SOLUTIONS   does not bear any responsibility with respect to your usage and satisfaction with the contents of the Website and you shall have no recourse whatsoever under law, contract, equity or otherwise against HORSE POWER SOLUTIONS   in relation to your usage of the Website. Should you feel dissatisfied with all or any part of the Website, you could choose to in your sole discretion to discontinue the usage of the Website in whole or part, as limitation of remedies specified herein constitutes part of your agreement with HORSE POWER SOLUTIONS  with regard to usage of the Website.

Information published on the Website regarding types of products available, including but not limited to product functions, configurations, parameters, technical standards, and service content, may differ based on your geographic location or region. The functions, configurations, parameters, and technical standards of any given product may be adjusted at different stages of a product’s life cycle, and it may take some time for HORSE POWER SOLUTIONS   to update the corresponding information. Therefore, there may be some variations between the product information you see on the Website and the actual product you purchase or products for sale in your market. Please check the product specifications with the dealer/DISTRIBUTOR prior to purchase.

10. LIMITATION OF LIABILITIES

In no event shall Horse Power Solutions  be liable or responsible for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or inability to use or access or inability to access the Website or any link to the Website or corruption/loss of data, failure to transmit or receive any data/materials, including but not limited to loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise, even if HORSE POWER SOLUTIONS  or a HORSE POWER SOLUTIONS   authorized representative is already aware of the potential risks.

The limitations of liability stipulated in herein shall be applied, irrespective of whether the loss is due to (1) breach of contract; (2) breach of guarantee; (3) errors or infringements, including negligence or misrepresentation; (4) strict liability; (5) or any other reasons.

11. INDEMNITY

You agree to indemnify and hold harmless HORSE POWER SOLUTIONS  , its shareholders, parent companies, subsidiaries, affiliates, officers, directors, agents, employees, representatives, co-branders, dealers, DISTRIBUTORs or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorney’s fees, made by any third party due to, arising out of or related to your use of the Website, your violation of the Terms & Conditions, or any other action or inaction on your part in relation to the use of the Website.

12. INDEPENDENT CONTRACTORS

The user acknowledges that the usage of the Website by the user does not constitute a joint venture, partnership, employment or agency relationship between the user and HORSE POWER SOLUTIONS  . You agree not to hold yourself as a representative, agent, or employee of HORSE POWER SOLUTIONS   and HORSE POWER SOLUTIONS   shall not be liable for any representation, act, or omission of the user.

13. FEEDBACK

By providing any feedback or suggestions to Horse Power Solutions  or otherwise feedback collected by HORSE POWER SOLUTIONS   pursuant to your use of the Website or its associated services (hereinafter called “Materials”), you hereby grant HORSE POWER SOLUTIONS  permission to use at its sole discretion such Materials free of cost in connection with its businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Materials and to publish your name in connection with your Materials.

14. BREACH OF TERMS AND CONDITIONS

You agree and acknowledge that HORSE POWER SOLUTIONS   reserves the right to terminate your access to the Website and/or block you from visiting the Website in the event HORSE POWER SOLUTIONS   deems that you have breached any of these Terms & Conditions, and HORSE POWER SOLUTIONS  shall not be liable for any actions taken by HORSE POWER SOLUTIONS   in relation to terminating your access or blocking you from using/visiting the Website.

You agree and acknowledge that HORSE POWER SOLUTIONS  at its sole discretion, without prior notification or intimation, may terminate your access to all or part of this Website or cease to provide accessibility to the Website, for reasons including but not limited to:

• In response to the requests of law enforcement agencies or other government institutions;
• In response to your own request;
• The suspension or major modification of the Website or any of its services;
• Unforeseeable technical issues;
• Force Majeure. For the purposes of this Article “Force Majeure” shall include fire, earthquake, explosions, riots, acts of God, epidemics, pandemics, government actions, rules or orders, strikes, lockouts, and war.

15. ARBITRATION

Any dispute relating to enforcement, interpretation or application of these Terms & Conditions shall be subject to arbitration of a sole arbitrator to be appointed by HORSE POWER SOLUTIONS . The seat and venue of arbitration shall be at  Kerala. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 or re-enactment or as amended from time to time.

16. APPLICABLE LAWS AND JURISDICTION

The interpretation of these Terms & Conditions shall be construed in accordance with and governed by the laws of India without giving effect to conflict of laws provision. By using the Website, you consent that the Courts in Kerala alone will have exclusive jurisdiction to deal with all disputes arising out of or relating the use of the Website.

17. MISCELLANEOUS

These Terms & Conditions constitute the full Agreement between yourself and HORSE POWER SOLUTIONS  with regard to your usage of the Website, and they replace any and all prior written or oral agreements between yourself and HORSE POWER SOLUTIONS  with regard to usage of the Website. Notwithstanding the stipulations of other agreements between yourself and HORSE POWER SOLUTIONS , HORSE POWER SOLUTIONS  will not accept any counter-offers with regard to these Terms & Conditions and hereby expressly refuses all counter-offers.

If HORSE POWER SOLUTIONS  fails to uphold or demand the strict execution of these Terms & Conditions, this should not be deemed as a waiver on the part of HORSE POWER SOLUTIONS  of any rights pertaining to the execution of these Terms & Conditions, or the Terms & Conditions themselves. No action taken between HORSE POWER SOLUTIONS  and yourself or a third-party should be deemed as an alteration to any of the stipulations of these Terms & Conditions.

18. SEVERABILITY

If any provision of these Terms & Conditions or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any applicable law, the remainder of the Terms & Conditions and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the Terms & Conditions shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of the Terms & Conditions shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.

19. CONTACT US

The Website is only for information purposes and you could contact us via using the “Contact us” menu. But for all practical and legal purposes you are required to address your communication by email to the below address:

Email: horsepowersolutions.in@gmail.com