TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use shall apply to all Users who access the Website (as defined below) and to all Persons to whom Services are provided by PISTOLPRINT STUDIOS PVT. LTD., a Registered Private Limited Entity, the owner of the Website, through the Website.
The Website is essentially an online platform where Authorized Users may browse and purchase artwork, Products, furnishings and other Products listed on the Website, primarily designed and manufactured by amateur artists and designers.
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and PistolPrint Studios vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not access the Website or use the Services. If you have any questions about the Terms, please contact us on firstname.lastname@example.org
Use and access of the Website and the Services is void where prohibited. By using the Website or the Services, the User agrees that the User’s consent and acceptance of the Terms have been given freely, with full knowledge of the nature of the terms and without fraud, coercion or undue influence. By using or accessing the Website or Services, the User further represents that the User has the necessary capacity to contract under Indian laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform PistolPrint Studios of any subsequent disability to contract, upon which PistolPrint Studios shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
PistolPrint Studios may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, PistolPrint Studios shall be entitled to terminate the User Agreement immediately, block your Website Account and remove any information or posting which is does not comply with the terms or any law in force in India. PistolPrint Studios shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
- “Artist/Manufacturer/Packer” shall mean the Person who has offered to sell the Products on the Website, created, manufactured, designed or packed by such Artist/Manufacturer /Packer;
- “Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and PistolPrint Studios, and shall be the date from which a User first accessed or uses the Website or registers with the Website or begins availing the Services, whichever is earliest.
- “Date of Termination” shall mean the date on which the User Agreement is terminated in accordance with the Terms.
- “PistolPrint Studios” or “the Owner” or “we/our/us” shall mean PistolPrint Studios LLP, a Registered Private Limited Entity, incorporated under the laws of India, having its registered of office at 10, 1st Main, 1st Block, Koramangala, Bangalore – 560 034, being the owner of the Website and its representatives, officers, successors and assignees.
- “Intellectual Property” shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, Products and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered.
- “Person” shall mean shall include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
- “Products” shall mean various Products displayed by the Owner on the Website offering for sale various Products including but not limited to printed artwork, printed photographs, fixtures, household Products and furnishings;
- “Registered Account” shall mean the account granted to a Registered User with the Website after registration by the User with the Website which may be used for future transactions as well.
- “Services” shall mean the services offered by PistolPrint Studios on the Website to an Authorized User, whereby such Authorized User may browse different Products offered for sale on the Website and purchase the same, subject to the Terms. Except for the above, the Owner does not represent or undertake to provide any other Services of any nature whatsoever to a User.
- “User(s)” or “You/Your” shall include both Authorized Users and Unauthorized Users. An “Authorized User” shall include: (i) Registered Users, i.e., Persons registered with the Website with a User login ID and password and who hold Registered Accounts, (ii) Guest Users, i.e. Persons other than Registered Users who transact on or access the Website with the intention to browse or purchase the Products available for a purchase without a Registered Account in the manner stated below, and (iii) persons other than Unauthorized Users. An “Unauthorized User” would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same.
- “User Agreement” shall mean the legally binding contract deemed to exist between a User and PistolPrint Studios and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind PistolPrint Studios to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder.
- “Website” shall mean the e-commerce website “www.canofjuice.com” and further web pages/websites created by or on behalf of PistolPrint Studios related to the above-mentioned site.
- “Website Account” shall include references to Registered Accounts and for the purposes of application of the User Agreement, shall also include Guest Users and their login accounts/IDs.
The singular includes the plural and vice versa, and words importing a gender include other genders.
All references to requirements of notice to, permission or consent of, or communication with the Owner shall be construed as being required to be given to, or received from, the authorized personnel alone of the Owner.
Browsing, Access and Placing Orders on the Website
You may access the Website for obtaining information on the Products offered for sale on the Website, availing of the Services, obtaining other information (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.
When you access the Website or in order to make a transaction or a purchase on the Website, you may do so either through (i) creating a Registered Account, i.e., registering yourself on the Website (in which case you will be provided with a User login ID and password by providing certain information – you may use this Website Account for future transactions or interactions with the Website as well) or (ii) as a Guest User, in which case you may be required to provide certain contact information, through which all correspondence relating to a transaction will take place.
We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:
- We provide information about our promotions, offers and discounts to our Registered Users regularly;
- Certain details, such as shipping addresses and contact details, will be stored for future transactions as well; and,
- You can also browse the history of your Registered Account including past transactions;
You may be required to submit certain information mandatorily in order to open a Website Account or avail of the Services. In the event that you do not submit such information, the Owner shall have the right to restrict the nature of Services made available to you and may also refuse to provide all or any Services to you. All such mandatory information as well as optional information shall be true and correct in every aspect. You shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. The Owner shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to the Owner or for ensuring the authenticity of any information. For more information on the Owner’s and User’s liabilities for information, please see the Disclaimer available here.
Website Account Access
- The User shall keep confidential and not disclose to any Person information pertaining to the User’s Website Account and all activities carried out by the User through his/her Website Account.
- The User shall access the Website and avail the Services only through his own Website Account validly created and shall not permit any other Person to use or access the Website or Services through the User’s Website Account.
- The User shall immediately notify the Owner of any unauthorized use of the User’s Website Account or any other breach of security known to the User vis-à-vis the Website Account.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Website and the Services.
- The User shall be fully liable for all transactions and activity carried out through the User’s Website Account, unless the User has informed the Owner about any hacking, breach of security or unauthorized access of the Website Account, whether past, possible or threatened.
Placing of Order and Payment
Once you access the Website as a Registered User or a Guest User, you may go through the various Products displayed on the Website and choose the ones you would like to purchase.
Prices of the Products displayed on the Website are deemed to be a part of the Terms and are subject to change.
After your order is finalized and confirmed, you may make payment for your order in several ways:
- Payment by debit cards or credit cards
- Internet banking
- Cash Collection, whereby our representative will collect the payment for the order in cash from your doorstep, after which your order will be processed and dispatched.
Some of these payment methods may not be available at all times, and you may be required to choose another form of payment. Further, each payment method you choose may be subject to certain restrictions or conditions as detailed in these Terms.
Where you use a debit card, credit card, you must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. You shall be responsible for the correctness of the information provided.
Once you choose a payment method, you will be redirected to a secure payment gateway where you will be required to complete your transaction.
Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available here.
Likeness and Similarity of Products Displayed not Assured
The Owner does not guarantee similarity or likeness with respect to the finish and appearance of the final Product ordered by you.
We charge a shipping fee for all orders. This is subject to change and will be added to the value of your order at the time of placing it. This amount will be refunded in case of fully cancelled orders or returns on account of damaged Products, returns on account of non-conforming Products (for customized Products or framed artwork, framed prints or framed photographs) or returns on account of delay in delivery where a refund has been requested; however, you will not receive a refund of this amount in case of partly cancelled orders or returns except as stated above. Such refunds, if applicable, will be made by depositing the amount in the Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at email@example.com.
The Products ordered by you will be shipped within the time indicated to you at the time of placing your order. This time period is applicable to places that are reachable by major courier agencies. If no such service is available, it will be shipped by Registered Post, which may take upto 3 (three) weeks.
All time periods indicated are exclusive of public holidays and Sundays.
All title and risk in the Products ordered by you shall pass from the Owner to you upon delivery by the Owner of the Products to the shipping agency.
Cancellation and Modifications of Orders
You may cancel an order after it has been placed, but before it has been processed. Processing normally takes about 24 (twenty four) hours from the time you confirm an order. Please get in touch with Customer Care at firstname.lastname@example.org to cancel an order.
In the event of cancellations where the payments have already been made in any of the payment modes permitted, the amount of cancellation will be credited to your Cashback Account for future use. In the event that you would like a refund of the amount, please contact Customer Care at email@example.com.
Orders once placed cannot be modified.
Returns and Damaged Products
You may return a Product purchased from the Website within 7 (seven) days of a purchase. A returned Product will be accepted by us provided that the Product is not damaged, defaced, altered or otherwise tampered with. For returns, you will need to produce the copy of the confirmed order and the signed receipt of delivery.
For returns, depending on your location, we will either (i) collect the returned Products from your shipping address, or (ii) intimate you of a pick up point in your city where you will need to drop the Products, from where our personnel will collect it.
The above terms of returns are not applicable to (i) customized Products (ii) framed artwork, framed prints and framed photographs, for which no returns are accepted.
Returns or Non-acceptance for Damaged Products, Non-conforming Products or a Delay in Delivery
In the case of damaged Products or non-conforming Products being delivered to you, you will need to make a claim for return on account of damage or non-conformance within 24 (twenty four) hours of delivery of the Products. We will not accept claims for damaged/non-conforming Products made after this time.
At the time of placing your claim with respect to damaged or non-conforming Products, unless you specifically indicate that you would like a refund, you will be provided with a replacement of the damaged/non-conforming Product.
You may also return or refuse to accept Products if there is a delay in the delivery of such Products, provided that such delay is solely attributable to the Owner and subject to Force Majeure.
We will collect damaged Products, non-conforming Products and Products returned on account of a delay as stated above from you from the pick-up point closest to you as specified by Customer Care.
In case of returns or cases where a refund has been requested for damaged/non-conforming Products or Products returned on account of a delay, the amount will be credited to your Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at firstname.lastname@example.org.
We also offer gift wrapping of Products at an additional charge of per Product as specified with the Product. These charges will be refunded if the order is cancelled in accordance with the terms of cancellation stated above or if there is a refund requested for in case of damaged Products, non-conforming Products or delayed deliveries as stated above in which case the amount will be credited to your Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at email@example.com.
No refunds will be made in case of other returns.
All Products sold/offered for display on the Website may carry warranty, if any, provided by the Artist/ Manufacturer/Packer. The Services provided by the Owner on the Website is that of an intermediary and a facilitator to make available a common platform where an Artist/Manufacturer/Packer can display their Products and a User can purchase the same on their own will and accord. The Owner does not take any liability/responsibility of any nature whatsoever with respect to a Product sold on its Website.
Use of Information
“Confidential Information” shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of the Owner or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by the Owner or a third party Person on behalf of the Owner to the User pursuant to access or use of the Website or the Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of the Owner and that he/she will use such confidential/proprietary information solely for the purposes of availing the Services.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non disclosure described in the Agreement however, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which:
- is or becomes publicly known or within the public domain without the breach of the Terms;
- if the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide the Owner with prompt notice of such request or requirement prior to such disclosure.
No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes.
Any violation of the above terms by the User shall be treated as a material breach of the terms entitling the Owner to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.
Upon the termination of the User Agreement, the User shall return to the Owner all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.
The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.
Intellectual Property of the Owner and Third Parties
All logos, brands, trademarks and service marks pertaining to the Owner and/or its associates or partners shall be the sole property of the Owner, its associates or partners respectively and all rights of any nature whatsoever (whether statutory, common law rights or otherwise) shall vest with such Person alone. Access to the Website does not confer upon the User any license or right of any nature to use such logos, brands, trademarks and service marks and the User is prohibited from using the same in any manner. In the event that the User violates the above terms, the owner of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages. The Owner also owns all the Intellectual Property rights in the listings and databases, layout and design of the Website.
Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of the Owner and the Owner shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.
The Owner, as a policy, also stands for and respects the Intellectual Property rights of all its Users and third party Persons and shall endeavor to and provide assistance for the protection of such Intellectual Property rights. In the event that a User violates the Intellectual Property rights of the Owner or another User, or commits any act with the intention to violate or facilitating the violation of such Intellectual Property rights, the Owner shall be entitle to terminate the User Agreement with such User without notice or reasons and take any further legal action against such User as available under law for the protection of the Owner’s rights and to claim damages from such User.
All licenses, permits, approvals, permissions and other rights of any nature whatsoever as may be required for accessing the Website or availing of the Services by a User shall be obtained by the User at his/her own cost.
In addition to the obligations on the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:
- Allowing a person other than the User to access the User’s Website Account or to access the Website through another User’s Website Account
- Using the Services or accessing the Website for any unlawful or illegal purpose
- Allowing another Person to avail the Services under the User’s Website Account
- Making commercial use of the Services or other information on the Website
- Contravening any laws of India or any other laws to which the User is subject to while accessing the Website or availing of the Services
- Threatening, harming, bullying, harassing, annoying or otherwise displaying harmful or negative behaviour on the Website in general or towards any particular User or any third party Person
- Violating or attempting to violate the security systems and procedures of the Owner and/or the Website; gaining unauthorized access any non-public information of any other Users or Persons, including (but not limited to) accessing data and information not intended for such Users or logging onto a server or account which the User is not authorized to access
- Attempting to probe, scan or test the vulnerability of a system, computer resource, server or network or attempting to breach security or authentication measures on the Website
- Attempting to gain access or gaining access to parts of the Website to which the User has no right to access by hacking, stealing passwords or otherwise
- Introducing, posting, submitting or transmitting any information, software, command or any other material which contains a virus, worm, time bombs, cancelbots, easter eggs or other harmful component into the Internet through the Website, the Website itself or the Owner’s systems, networks or servers
- Introducing, facilitating, transmitting, generating or posting spam messages, posts or e-mails of any nature whatsoever, including bulk e-mails, chain mails or commercial bulk mails or spam
- Introducing any material or doing any act which would cause the networks, resources, systems or servers of the Owner and/or the Website to slow down or multiplying traffic on the Website or in any other way interfering or hindering the proper functioning of such networks, resources, systems or servers
- Publishing, displaying or submitting information which provides information on illegal activities, communities, groups, Persons or associations which are banned or which incite or participate in illegal activities, or other activities such as the sale of illegal arms, ammunition and weapons
- Soliciting directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing or submitting information about other Persons without such Person’s consent
- Hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information on the Website that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
In the event that you become aware of a violation of the above terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request you for further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.
- Sending or receiving messages which are offensive on moral, religious or political grounds or which are indecent in any manner including (but not limited to) being within the meaning of “indecent representation of women” under The Indecent Representation of Women (Prohibition) Act, 1986
- Promoting or encouraging participation in contests, membership of competitor websites, gambling, lottery, sweepstakes or pyramid schemes
- Copying or reproducing any part of the Website for any purpose whatsoever (save as expressly allowed under these Terms) whether in electronic or hard form whether manually or through automated methods including (but not limited to) as spiders, deep links, page scrapes or crawlers
- Violating, by any act or omission in the course of access to the Website or availing the Services, the rights of any nature whatsoever of a third party Person or a User, including publicity and/or ownership rights and intellectual property rights (including but not limited to inducement to violate rights or links to pirated music or files of any nature) or inducing Users or Persons to deal in, buy or sell stolen or counterfeit goods or goods or services otherwise prohibited for trade under any law for the time being in force
- Restricting another User’s access to the Website, Services or other enjoyment of the User’s rights vis-à-vis the Website and/or Services
- Doing any act of any nature whatsoever which would cause the Owner to lose any services or supplies from the Owner’s vendors, suppliers or service providers of any nature whatsoever, or disturb or affect the Owner’s relationship with its associates, suppliers, service providers or vendors or otherwise create any liability of any nature whatsoever on the Owner
In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of the Owner under the Terms or under law, the Owner shall have the following rights:
- To remove any information, data, blog posts, messages or other material which violate any of the above covenants;
- To suspend or delete the User’s Website Account;
- To suspend or prohibit the User’s access to the Website or the User’s Website Account;
- To terminate the User Agreement, access to the Website and/or provision of the Services without becoming liable to pay any damages;
- To proceed against the User for all or any losses or damages caused to the Owner of any nature whatsoever (including loss of business, reputation, goodwill and profit) and to initiate or assist in all legal proceedings of any nature (civil or criminal) against the User;
- The Owner shall also be indemnified for all proceedings, losses and damages that may be instituted against or incurred by the Owner on account of such a breach.
The Owner shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Website Account, access to the Website or the Services. The Owner shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.
Modification to Services
The Owner shall be entitled to add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time, such modifications shall include deletion of sale of any Products on the Website. Such addition, deletion, modification, cessation, discontinuance, amendment or change shall take effect with immediate effect.
On no account shall the Owner be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.
The Owner does not endorse or recommend any advertiser or any of their Products or services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. The Owner shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.
Additional Communication via Messages
In addition to sending you SMSs in consequence of a transaction by you on the Website, we may also send you SMSs with promotional content on our offers, sales, discounts and related information if you agree to this at the time of accessing the Website. In such cases, you expressly disclaim and waive all claims and complaints against the Owner in the event that you receive such SMSs, irrespective of whether or not you have registered on the National Customer Preference Register, and will indemnify the Owner for all or any losses, damages, suits or claims made on the Owner on account of such SMSs being sent to you.
Termination and Consequences of Termination
The Owner may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or or restrict a User’s use or access to the Website and/or Service (or any part thereof) for the following reasons:
- That the Owner, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;
- That in the opinion of the Owner or any Governmental authority or body, it is not in public interest to continue to provide Services to the User or allow access to the Website;
- That the User is declared a bankrupt or into any compromise or arrangement with its creditors.
The above termination shall be without prejudice to the other rights of the Owner whatsoever.
In addition to the above, either the Owner or a User may terminate the User Agreement by giving the other a prior written notice of 1 (One) day to this effect without assigning reasons. At the discretion of the Owner, such notice period may be waived or reduced by the Owner vis-à-vis a User.
In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the Owner, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the Owner contained elsewhere in the Terms or under law, the Owner shall have all the following rights:
- To terminate, without reasons or notice, the User Agreement with a User;
- To block, suspend, delete or restrict access to a Website Account by a User;
- To block or restrict access to the Website;
- To refuse or cease the provision of Services to such User;
- To remove any information of any nature whatsoever on the Website posted, uploaded, published, displayed or submitted by a User;
- To initiate all or any legal proceedings against a User for breach, civil and/or criminal, including (but not limited to) proceedings for indemnity, losses, damages and/or injunctions as appropriate;
- To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User to the Owner / on the Website;
In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website, Services and/or the User’s Website Account, then the User shall not attempt to access the Website or procure Services through another User’s Website Account or by creating another Website Account or through any other false identity.
If the Owner’s performance of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then the Owner shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that the Owner shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.
In the event that the Owner’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the Owner to perform such obligation shall stand extended for the term the Force Majeure existed. However in case the Owner is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.
The User agrees that the User shall indemnify and keep indemnified the Owner, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.
Limitation of the Owner’s Liability
While the Owner has taken steps to ensure that all the information on the Website is correct, the Owner does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, Product or Services, except as specifically mentioned in the Terms.
The Owner shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.
Relationship Between the Parties
The relationship between the Owner and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both the Owner and the User.
Governing Law and Jurisdiction
These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Bangalore, India and the appropriate courts of law in Bangalore, India shall have exclusive jurisdiction to resolve the same.
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way.
The Owner may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of the Owner.
No oral agreement exists between the User and the Owner. The User Agreement shall constitute the entire and exclusive agreement between User and the Owner with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.
All notices shall be in English and in writing and sent to the following addresses:
- If sent or addressed to the User, then to the address provided by the User in the User’s Website Account;
- If sent or addressed to the Owner, then to the following address:
Name and Designation: Vishvan Saran
Address: 10, 1st Main, 1st Block, Koramangala, Bangalore – 560 034
mail Address: firstname.lastname@example.org
Notices by the Owner to a User shall be displayed on these Terms, elsewhere on the Website or sent to the User at the abovementioned address.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Owner’s Grievance Officer at the following address:
Name and Designation: Vishvan Saran (Co-Founder)
Address: 10, 1st Main, 1st Block, Koramangala, Bangalore – 560 034
E-mail Address: email@example.com