Skip to Content

Terms of Use​

Last updated: May 2024

These Terms of Use ("Terms", "Agreement") are an agreement between Duraspun, its affiliates including Detwerk Innovations (collectively 'Duraspun,' ‘Website operator’, 'we,' 'our,' or 'us') and you,  any natural or legal person, ("User", "you" or "your") when you interact with our website www.duraspun.com and m-site (collectively referred to as the 'Site'). This Agreement sets forth the general terms and conditions of your use of this Site and any of its products or services.  By visiting this Site, sharing your information, or using our products or services, you explicitly consent, without limitation or qualification, to adhere to the terms and conditions stated in this Terms of Use, the Privacy Policy, and the applicable product or service terms and conditions as amended from time to time. You also agree to be subject to the laws of India, including but not limited to those about data protection and privacy. If you don't agree, we kindly ask that you refrain from utilizing or accessing our Site.

The Site is owned by Duraspun with its registered office at 159/1 Rai Bahadur Road, Behala, Kolkata 700034, West Bengal, India.


Communications

When using the Site or sending emails or information, other data, or communication to us over the internet or other electronic modes, you recognize that you are engaging with us through electronic records. By doing so, you provide consent to receive communications through electronic records from us periodically and as needed. Our communication may occur via email or other electronic modes.


Privacy Policy

Your trust is precious to us. That's why we prioritize secure transactions and protect your personal information. Our latest privacy policy is available at (https://www.duraspun.com/privacy) for your review.  If you don't agree with the same, we kindly ask that you refrain from utilizing or accessing our Site.


Website Access

Duraspun grants you a limited, non-exclusive, revocable license to access and use this website for personal purposes only. This license does not encompass:

    -Downloading any website content beyond the scope of standard page caching.
    -Modifying any website content without Duraspun's express written consent.
    -Employing the website or its content for any commercial purpose, including resale or the systematic collection and use of product listings, descriptions, or prices.
    -Creating derivative works based on the website or its content.
    -Downloading or copying account information for the benefit of a third-party seller.
    -Utilizing data mining, robots, or similar data gathering and extraction tools.

The website, in whole or in part (including copyrighted material, trademarks, and other proprietary information), may not be reproduced, duplicated, copied, sold, resold, accessed, distributed, or otherwise exploited for any commercial purpose absent Duraspun's express written consent.

Our website's content and trademarks cannot be incorporated into another site (framing) or hidden within meta tags without written permission from Duraspun. Any unauthorized use as defined herein will result in the immediate termination of the permission or license granted by Duraspun and/or its affiliates.

 

Your Conduct

Your use of the Site constitutes your agreement to comply with all applicable local, state, national, and international laws and regulations. As a condition of use, you are expressly prohibited from using the Site for any purpose that violates these Terms of Use. This includes, but is not limited to:

  • Transmission of Unauthorized Content: Uploading, providing, transmitting, distributing, posting, storing, linking, or otherwise sharing content, information, data, software, or materials that you do not have the legal right, authority, or license to share.
  • Unlawful or Offensive Content: Sharing content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by Duraspun in its sole discretion.
  • Misrepresentation and False Information: Disseminating false, misleading, untruthful, or inaccurate information.
  • Privacy Violations: Infringing on the privacy rights of others.
  • Intellectual Property Infringement: Violating the publicity, proprietary, or intellectual property rights.
  • Impersonation: Impersonating any person or entity, including Duraspun employees or representatives, or falsely stating or misrepresenting your affiliation with any person or entity.
  • Sharing of Sensitive Information: Disclosing or providing identification documents, sensitive financial information, or any personal information about another individual that can be used to track, contact, or impersonate them.
  • Disclosure of Confidential Information: Disclosing information protected under any law, agreement, or fiduciary relationship, including proprietary or confidential information of others, insider information, or non-public information.
  • Spam and Unsolicited Advertising: Engaging in unauthorized or unsolicited advertising.
  • Promotion of Illegal Activity: Encouraging or providing instructional information about illegal activities.
  • Harm to Duraspun: Engaging in any conduct that could potentially create liability for Duraspun or damage its relationship with users, licensors, service providers, or other suppliers. 
  • Disruption of Services: Interfering with or disrupting the operation of the Website, servers, or networks used to make the Website available, or violating any requirements, procedures, policies, or regulations of such networks. 
  • Threats to National Security: Threatening the unity, integrity, defense, security, or sovereignty of any country, friendly relations with foreign states, or public order, or causing incitement to the commission of any cognizable offence, preventing investigation of any offence, or insulting any other nation.

You are further prohibited from:

  • Reverse Engineering: Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Services.
  • Modification and Distribution: Modifying, translating, or creating derivative works of any part of the Services.
  • Transfer of Rights: Copying, renting, leasing, distributing, or otherwise transferring any of the rights granted to you under these Terms of Use.


Disclaimer

Duraspun provides this website and its features on an "AS IS" and "AS AVAILABLE" basis. By accessing the services on the website and engaging in transactions, you accept the associated risks and exercise your best judgment before entering into any transactions. We make no express or implied warranties regarding the Site or any content you encounter on this website. This encompasses but is not limited to, warranties of completeness, accuracy, availability, timeliness, security, compatibility, reliability, non-infringement, or fitness for a particular purpose. To the fullest extent permitted by law, we disclaim all liability for any damages arising out of your use of the Site or any content on this website. This includes but is not limited to, direct, indirect, incidental, consequential, punitive, and special damages. By using the Services, you acknowledge and assume all associated risks, including any harm to your computer system, loss of data, or other potential damages. We are not responsible for the content or information posted by other users, if any, on this website. You agree to exercise caution and employ your best judgment when evaluating such content. Transactions conducted through the Services are undertaken entirely at your own risk. While we strive for accuracy, technical issues or human error may lead to discrepancies in pricing and product information. 


Indemnification and Waiver of Claims 

By using the Site, you agree to indemnify and hold harmless Duraspun, affiliates, partners, and their respective representatives, officers, agents, and employees, from any cost, claim, demand, or other consequence of the actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You specifically waive any claims you may have under any applicable law in this regard.

Despite Duraspun’s reasonable efforts, it cannot take responsibility or control the information provided by other users on the Site, if such is made available. Duraspun assumes no responsibility for any inaccuracies or omissions, whether originating from itself or from third parties.


Legal Protections of Intellectual Property

The entirety of the content presented on the Site —including, but not limited to, textual material, visual graphics, distinctive logos, navigational icons, imagery, audio clips, digital acquisitions, data compilations, and software—remains the exclusive legal property of Duraspun, its associated entities, or its content providers. This content is duly protected under the prevailing copyright, authorial rights, and database rights legislation of India and international jurisdictions.

The aggregate of content on our Site is the sole proprietary asset of Duraspun and its associated entities, receiving protection under the Indian and international copyright and database rights statutes.

Restrictions on Content Utilization:

  • Any systematic extraction or re-utilization of portions of this Site’s content is categorically prohibited without obtaining the explicit and written consent of Duraspun or its affiliates, as the context may require.
  • In particular, the employment of any data mining, robotic devices, or analogous data extraction and retrieval mechanisms to extract (either singularly or repeatedly) and repurpose any substantial segments of our Site is strictly forbidden without securing the express written consent of Duraspun or its affiliates, as the context may require.
  • Additionally, the creation and/or publication of any personal database incorporating significant components (for instance, pricing details and product catalogues) of this Site is not permitted without acquiring the express written consent of Duraspun or its affiliates, as the context may require.

Adherence to these stipulations is imperative to uphold the sanctity and security of the proprietary content.


Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Duraspun.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Duraspun shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.


Currency and Legal Compliance for Transactions 

Unless explicitly specified otherwise, all transactions shall be conducted in Indian Rupees (INR). As a user, you bear sole responsibility for complying with all relevant laws applicable in India when making payments to Duraspun. This includes adherence to regulations related to currency exchange, taxation, and financial transactions.


Fees and Taxes

Your commitment extends beyond the purchase price. It encompasses fees, taxes, and adherence to legal norms. By participating in purchases, you assume responsibility for all associated fees, costs, and taxes. These may include but not limited to VAT/CST, service tax, GST, duties, cesses, transaction fees, shipping charges, and any other relevant expenses. 


Rights and Remedies

If you violate these conditions and we do not take immediate action, we still retain the right to enforce our rights and remedies in any other instance where you breach these conditions. Our decision not to act in a specific instance does not waive our ability to enforce our rights and seek remedies in the future.


Limitation of Liability

We disclaim any and all liability for business-related losses, including but not limited to lost profits, decreased revenue, contract breaches, lost anticipated savings, data loss, damage to reputation, or wasted expenditures. Furthermore, we shall not be held responsible for any indirect or consequential losses that were not reasonably foreseeable at the time you commenced using the Site.


Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Upon termination, your right to use the Site will cease immediately.


Ensuring Site Availability and Handling Interruptions

Our commitment is to maintain uninterrupted availability of the Site and ensure error-free transmissions. However, due to the inherent nature of the Internet, absolute guarantees cannot be provided. Occasionally, your access to the Site may be suspended or restricted. This could occur for reasons such as repairs, maintenance, or the introduction of new features or services. Rest assured, we will make efforts to minimize the frequency and duration of any such interruptions.


Force Majeure

We shall be excused from performance under these conditions to the extent that any delay or failure to fulfill our obligations arises from a cause beyond our reasonable control.  Such causes may include but are not limited to, acts of God (including natural disasters such as earthquakes, floods, and hurricanes), acts of war or terrorism, strikes or other labor disputes, governmental regulations, power outages, or internet disruptions. However, this clause shall not, in any way, prejudice or limit your statutory rights as a user.


Children

Only individuals who are at least 18 years old and legally capable of entering into contracts under the Indian Contract Act, 1872, are eligible to use our Site. If you are under the age of 18 years, you may use our services only with the involvement and under the supervision of a parent or guardian.


Applicable Law

This Agreement will be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction in Kolkata, India.


Changes

Duraspun reserves the right to alter or revise these Terms of Use at any point, with changes taking effect immediately upon publication. By continuing to use the Site, you are bound by such changes, and it is advisable to visit this page regularly to review the most up-to-date Terms of Use. Whenever updates occur, we will display the date of the latest update prominently on the Terms of Use page. 

 

Queries

If you have questions, or if you would like to make a complaint, please contact us by email at connect@duraspun.com.