TERMS & CONDITIONS
[LAST REVISION: 30/04/2026]
Please read this Terms
& conditions carefully. By
using this website or ordering products from this website you agree to be bound
by all of the terms and conditions listed herein.
This Terms &
conditions governs your use of this website, www.bwminternational.com. The
terms "BWM" or "us" or "we" refers to www.bwminternational.com,
its registered owners Blue Whale Marine (BWM), CC XVI/ 106-E,Opposite Cochin Fishing Harbour,
Thoppumpady, Cochin – 682005 Kerala, and the term 'you' refers to the user of
this website or viewer of our website or one browsing of this website or one
doing purchase on this Website.
This Terms &
conditions includes, and
incorporates by this reference, the policies and guidelines referenced below:
BWM reserves the right to
change or revise the terms and conditions of this Terms & conditions at any time by posting
any changes or a revised Terms & conditions on this Website. BWM will
alert you that changes or revisions have been made by indicating on the top of
this Terms & conditions the
date it was last revised. The changed or revised Terms & conditions 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 Terms & conditions will constitute your
acceptance of any such changes or revisions. BWM encourages you to review this
Terms & conditions whenever
you visit the Website to make sure that you understand the terms and conditions
governing use of the Website. This Terms & conditions does not alter in any way
the terms or conditions of any other written Terms & conditions you may have with BWM for
other products or services. If you do not agree to this Terms & conditions (including any referenced
policies or guidelines), please immediately terminate your use of the Website.
I. PRODUCTS
Terms of Offer. This
Website offers for sale certain products (the "Products"). By placing
an order for Products through this Website, you agree to the terms set forth in
this Terms & conditions.
Customer Solicitation: Unless you notify us by
email, 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 BWM and its designated in house or third-party call team(s).
Opt Out Procedure: We provide 3 easy ways to
opt out of from future solicitations. 1. You may use the opt out link found in
any email solicitation that you may receive. 2. You may also choose to opt out,
via sending your email address to: info@bwminternational.com
3. You may send a written
remove request to Blue Whale Marine (BWM), CC XVI/ 106-E, Opposite Cochin Fishing Harbour, Thoppumpady,
Cochin – 682005 Kerala
Proprietary Rights: BWM has proprietary rights
and trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any content from found on this web site. BWM 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.
GST: If you purchase any Products, you will be
responsible for paying any applicable GST as per the rates prevailing at the
time of purchase or supply as governed by the GST regulations.
II. WEBSITE
Content; Intellectual
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites. BWM does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent
that BWM 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. BWM does not endorse the contents on
any such third-party websites. BWM 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: BWM 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
License: By using this Website, you are granted a limited,
non-exclusive, non-transferable right to use the content and materials on the
Website in connection with your normal, noncommercial, use of the Website. You
may not copy, reproduce, transmit, distribute, or create derivative works of
such content or information without express written authorization from BWM or
the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the
Website, you hereby grant BWM a perpetual, worldwide, non-exclusive,
royalty-free, assignable, right and license to use, copy, display, perform,
create derivative works from, distribute, have distributed, transmit and assign
such content in any form, in all media now known or hereinafter created,
anywhere in the world. BWM does not have the ability to control the nature of
the user-generated content offered through the Website. You are solely responsible
for your interactions with other users of the Website and any content you post.
BWM is not liable for any damage or harm resulting from any posts by or
interactions between users. BWM reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content BWM deems objectionable, in BWM's sole discretion.
III. DISCLAIMER OF
WARRANTIES
Your use of this website
and/or products are at your sole risk. The website and products are offered on
an "as is" and "as available" basis. BWM 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 website
content, or any reliance upon or use of the website content or products.
Without limiting the
generality of the foregoing, BWM makes no warranty:
IV. LIMITATION OF
LIABILITY
BWM's 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 Terms &
conditions is solely limited to the
amount you paid, less shipping and handling, for products purchased via the
website.
BWM will not be liable
for any direct, indirect, incidental, special or consequential damages in
connection with this Terms & conditions 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.
V. INDEMNIFICATION
You will release,
indemnify, defend and hold harmless BWM, 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 Terms & conditions or the
breach of your warranties, representations and obligations under this Terms
& conditions ; (2)
the Website content or your use of the Website content; (3) the Products or
your use of the Products (including Trial Products); (4) any intellectual
property or other proprietary right of any person or entity; (5) your violation
of any provision of this Terms & conditions ; or (6) any information
or data you supplied to BWM. When BWM is threatened with suit or sued by a
third party, BWM may seek written assurances from you concerning your promise
to indemnify BWM your failure to provide such assurances may be considered by BWM
to be a material breach of this Terms & conditions. BWM 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, with counsel of BWM choice at its expense. BWM 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 BWM against
any claim, but you must receive BWM's prior written consent regarding any
related settlement. The terms of this provision will survive any termination or
cancellation of this Terms & conditions or your use of the
Website or Products.
VI. PRIVACY
BWM believes strongly in
protecting user privacy and providing you with notice of BWM's use of data.
Please refer to our privacy policy, incorporated by reference herein, that is
posted on the Website.
VI. TERMS &
CONDITIONS TO BE BOUND
By using this Website or
ordering Products, you acknowledge that you have read and agree to be bound by
this Terms & conditions and all
terms and conditions on this Website.
VIII. GENERAL
Force Majeure: BWM 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, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: BWM may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website and distribution of the Products.
Entire Terms & conditions: This Terms & conditions comprises the entire
Terms & conditions between
you and BWM and supersedes any prior Terms & conditions pertaining to the
subject matter contained herein.
Effect of Waiver: The failure of BWM to exercise or enforce any right or
provision of this Terms & conditions will not constitute a
waiver of such right or provision. If any provision of this Terms &
conditions 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 Terms & conditions remain in full force and
effect.
Governing Law &
Jurisdiction: This
Website originates from Ernakulam, Kerala, India. This Terms & conditions will be governed by the
laws of the India without regard to its conflict of law principles to the
contrary. Neither you nor BWM will commence or prosecute any suit, proceeding
or claim to enforce the provisions of this Terms & conditions, to recover damages for breach of or default
of this Terms & conditions, or otherwise arising under or by reason of this Terms &
conditions, other than in courts located in Ernakulam. By using this Website or
ordering Products, 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 Terms & conditions. You hereby waive any right to trial by jury arising out of this
Terms & conditions 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 this Terms & conditions must be filed within six
months after such claim or cause of action arose or be forever barred.
Waiver of Class Action
Rights: By
entering into this Terms & conditions, 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 Terms & conditions must be asserted
individually.
Termination: BWM 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
Terms & conditions. Following termination, you will not be permitted to use the
Website and BWM may, in its sole discretion and without advance notice to you,
cancel any outstanding orders for Products. If your access to the Website is
terminated, BWM reserves the right to exercise whatever means it deems
necessary to prevent unauthorized access of the Website. This Terms &
conditions will survive indefinitely
unless and until BWM chooses, in its sole discretion and without advance to
you, to terminate it.
Domestic Use: BWM makes no representation
that the Website or Products 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 Terms
& conditions to anyone. BWM may assign
its rights and obligations under this Terms & conditions in its sole discretion
and without advance notice to you.
By using this website or
ordering products from this website you agree to be bound by all of the
terms and conditions of this Terms & conditions
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