- Certain features, products or software that the User purchases or downloads from the Website may be subject to additional terms and conditions presented to the User at the time that the User, purchases or downloads them.
- Further, the terms and conditions for any sale, discount or contest event organized on the Website from time to time, shall be advertised on the website at the relevant time. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.
- We reserve the right to change these Terms & Conditions at any time. Such changes will be effective when posted. By continuing to use the Website after we post any such changes, you accept the Terms & Conditions as modified.
Eligibility to use
Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website. If the person accessing the website is a minor i.e. under the age of 18 years, such person shall not register as a User of the Website and shall not transact on or use the Website.
- The Website operates as a market place and merely provides an online platform to various sellers to advertise, display, make available and sell various products (including services ancillary to the products and services), vouchers, and services to Users of the Website(“Products”). The Website merely facilitates the engagement of the Users and various sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
- All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
- The Website disclaims and makes no representations or warranties in relation to the inter alia the quality, characteristics, originality, information etc. in respect of the Products. This disclaimer does not apply to any Products warranty offered by any manufacturer/seller selling or listing their Products on the Website.
User Account, Password, and Security
- As indicated, any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
- Any person desirous of creating a gift registry on the Website, or any person wishing to access a gift registry created by another User on the Website shall be mandatorily required to register on the Website.
- All Users who wish/have to register themselves with the Website shall be required to create an account by registering through their Facebook or email account or by filling in the details prescribed in the Website registration form.
- If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
- All registered Users of the Website shall be solely responsible for activities relating to the account and the Website or the entity operating the same shall not in any manner be held responsible and/or liable for any illegal acts including but not limited to misuse, un-authorized access, hacking of the Website or refusal to access the Website due to such reason.
- Notwithstanding anything contained herein, the Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. The Website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the Website be held liable for any losses or claims arising out of such inaccessibility to the Users, And the User expressly waives off any and all claims/liabilities arising to this end.
- The Website disclaims, and the User waives off, any and all claims / liabilities arising out of any unlawful usage of the Website, the personal information of the User, inaccessibility of the Website for any reason whatsoever, which are caused owing to causes beyond the control of the Website. While the Website employs best efforts to ensure the aforesaid, it cannot guarantee the same. No registered User shall trade or sell such User accounts in any manner whatsoever.
License and Access
- The User shall solely be responsible for obtaining access to the Website, and that access may involve third-party fees (such as internet service provider fees or airtime charges). In addition, the User must provide and shall be responsible for all equipment necessary to access the Website. The User may not bypass any measures that have been implemented to prevent or restrict access to this Website.
- Any unauthorized use and/or access of/to the Website by a User (including any access through the registered account of that User or any device that the User may use to access the Website) shall terminate the permission or license granted to the User by the Website.
- A User may save copies, download, and print or otherwise store for personal purposes the content put up on the Website in only such manner that does not alter/modify the relevant content in any way or delete or violate any intellectual property including but not limited to trademarks and copyrights of either the Website or any seller or manufacturer dealing, providing, selling Products through the Website.
- Under no circumstance shall any User save copies, download, and print or otherwise store any content of the Website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the Website for any commercial purpose will constitute a material breach of these terms & conditions.
- The Website strictly prohibits any use of the content available through the Website, including but not limited to: (i) any downloading, copying or other use of the content or the Website for purposes competitive to the Website or for the benefit of any third party; (ii) any caching, unauthorized linking to the Website or the framing of any content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Website that the User does not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure, or damage or interfere with the proper working of the Website’s infrastructure.
- The Website reserves the right to refuse or cancel any registration of its Users, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate such access to or use of the Website at any time without notice.
- The Website neither warrants nor represents that use of the content available on this Website by the User will not infringe rights of third parties not affiliated with Website. Termination of the User’s access or use will not waive or affect any other right or relief to which the Website may be entitled, at law or in equity.
Use of Content
- While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harms minors in any way;
- Impersonates any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
- 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 of any other nation;
- Infringes any patent, trademark, copyright or other IPR;
- Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Engages in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
- Attempts to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probes, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- Disrupts or interferes with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Uses the Website or content therein for any purpose that is unlawful or prohibited by the Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
- Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violates any code of conduct or other guidelines, which may be applicable for or to any particular Service; violates any applicable laws or regulations for the time being in force within or outside India; and Violates the terms of these Terms & Conditions.
- In certain cases, where the User requires certain services in relation to the Products, such as warranty, after-sales or installation services, the User shall directly contact the relevant seller or the manufacturer. However, in the event, the User contacts the Website for the same, the Website may inform the relevant seller to provide or facilitate the provision of such services to the User.
- The Website is not and shall not be obliged to provide any such additional services. The Website’s role in relation to facilitating such services shall be limited to facilitating communication between User and the seller for the purpose of provision of such additional services.
- In case a User purchases multiple Products in one transaction, the seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant sellers.
- If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
- It is however clarified that in the event a User is purchasing any Products under a gift registry created by another User, the same would be dispatched to the User who has created the gift registry and a receipt thereof shall be sent to the User who purchased the Products from the gift registry.
- The User acknowledges that there may be certain orders that the Website is unable to process or pass on to the seller and/or which the Website must cancel owing to various reasons such as non- availability of the Website service, force majeure, credit limitations or suspected fraud etc.
- The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
- The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
- The User agrees that it shall solely be responsible towards the Website and to any third party for any breach of its obligations under these Terms & Conditions and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
Status of Website
- The Users agree, understand and acknowledge that the Website is merely an electronic platform that provides an interface for various Users to access and interact to engage in commerce and transact.
- The Users further agree and acknowledge that the Website is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, availability, offer to sell or transactions of sale or purchase of Products on the Website.
- The Website is not the seller of the Products or a vendor in any capacity. Accordingly, any contract for the sale / purchase of Products on the Website is essentially a contract between the User and the sellers.
- The Website neither recommends nor endorses any of the Products available on the Website and nor does the Website provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, availability, offer to sell or transactions of sale or purchase of Products on the Website.
- Further, the Website does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User will complete any transaction or act in a prudent manner.
Availability and Inaccuracies
- As the Website is merely an intermediary/facilitator, the availability of the Products listed therein will be solely based on the stocks held by the supplier/ seller/ vendor.
- Availability of all Products on the Website shall be on a best efforts basis.
- At any time if any Product is out of stock or unavailable or if any Product is earmarked by a User for creation of a registry, and becomes out of stock, for any reason whatsoever, at the time a User actually wishes to purchase such Product, the Website shall not be held responsible for such unavailability.
- If the Products ordered by the Users are unavailable then the Website shall notify the User who has purchased/earmarked the relevant Product and, at its sole discretion provide the User with an option to substitute another item for the out-of-stock item, at such differential pricing as the relevant Product may be available for.
- The Website shall endeavour to list the Products accurately and update the availability of the Products regularly. However, despite the continuous efforts, there may be errors in listing of the terms of Product, its description, availability, images or other specifications. Consequently, the Website shall not be liable for any lacuna in the accuracy or completeness of any information, including prices, product images, specifications, availability quality and services and the User, by accepting these Terms & Conditions expressly discharges the Website from any and all liabilities/claims arising in respect hereof.
Payments and Pricing
- All payments made against the Products on the Website by the User shall be compulsorily made in Indian Rupees acceptable in the Republic of India. The Website shall not be responsible to facilitate any monetary transaction any other form of currency with respect to the purchases made on Website.
- While availing any of the payment method/s available on the Website, (the “cash on delivery” facility will not be available to the users), the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to: (i) Lack of authorization for any transaction/s, or (ii) Exceeding the pre-set limit mutually agreed by and between the User and relevant banks of the User, or (iii) Any payment issues arising out of the transaction, or (iv) Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User; (v) Decline of transaction for any other reason(s)
- All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and seller of the Product to facilitate the completion of the purchase made by the User.
- Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website.
- By accepting these Terms & Conditions, making a purchase on the Website, and using the payment facilities provided by the Website, the User has expressly authorized the Website or any of its service providers to collect, process, facilitate and remit payments either electronically or through cash from the Users to the relevant sellers.
- The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments, cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.
- Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been added to the registry by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
- The Website also provides payment for a Product through ‘Group Gifting’ in addition to the other payment channels only for registered Users who are accessing a gift registry of another registered User. Under the aforesaid option, in case some Products are added to the registry under the ‘Group Gifting’ option, the Product may be purchased by different Users by contributing towards the gift. At the end of the term of the gift registry, if the amount paid towards a Product under the Group Gifting option is less than the value of the Product, then the Registry-Owner of such gift registry shall be entitled to either receive the total amount of money received towards the gift item (after deduction of a service fee), or purchase the Product by making a payment of the differential amount remaining to be paid towards the relevant Product. The User contributing towards a Group Gifting gift item shall not be eligible to get a refund of their contribution at any given point of time.
- The User is aware that at the first instance, the Website may collect the payment for the Product from the User, but this shall not construe, in any way, that the Website is the seller of the Product, as, at all times, the Website shall be acting for and on behalf of the seller of the Product as its collection agent, and after deduction of such facilitation fees and charges as agreed between the Website and the seller, the Website shall remit the payment for the Product to the Seller.
Service charges for cancellation of orders for some Products
- Orders once executed, cannot be cancelled. Only items in the registry can be changed if not already executed fully or partly.
- The Website may charge a service charge on cancellation of orders of certain Products that may be notified from time to time.
Shipping and Delivery
- All Products purchased from the Website shall be delivered to the User by the standard courier services by the Partner from its warehouse, on behalf of the respective sellers or suppliers as the case may be. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to get the delivery of the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard.
- In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
- The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
- In case where a damage has been caused to the Products ordered, the seller or supplier shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
- All Products shall be delivered to locations specified by the User at the time of registration.
- No deliveries of the Products shall be made outside the territorial boundaries of India.
Return, Replacement and Refund
- All Products ordered from the Website and successfully delivered to the User by the respective seller or supplier may be returned to the Seller in accordance with the terms contained in the respective Product’s seller policy.
- No Products will be accepted by the seller or supplier if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the seller or supplier the product returned is not the Product that was delivered (d) any other circumstances that the Website may notify from time to time.
- Once returned the User will be refunded with the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct.
- All Products ordered by the User shall be eligible to be replaced in accordance with the seller’s replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website
- Where the Product replaced is of a higher value that the Product returned, the User shall be liable to pay the differential charges by way of any of the payment method mentioned herein.
- Where the Product replaced is of a lower value, the Website may at its discretion issue a voucher or credit note for the differential value and the User that may use such voucher, subject to terms and conditions stated therein, for another transaction on the Website.
- Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
- The Users understand that the refund facility may not be available in full or in part for certain category of Products, as may be mentioned on the Website from time to time and hence the User may not be entitled to a refund in respect of the transactions for those Products.
- Refund, if any, shall be made at the same issuing bank through which the Product was purchased.
- All refunds shall be made in Indian Rupees only.
- The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
- All Users and sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
- The Website may, at its sole discretion offer certain promotions and offers on its Websites subject to further conditions as may be applicable and intimated to Users from time to time.
- Any promotional code issued by the Website to its Users for purchase of Products may not be copied, sold, or otherwise commercialized.
- Such codes and offers shall not be redeemable for cash and shall be subject to cancellation or change at any time for any reason.
- In addition to the above, the Website may offer purchase of third party seller vouchers and promotions on its Websites from time to time which shall be subject to such terms and conditions as may be advertised on such vouchers.
- The User agrees that the Website shall not be liable for any expiry, misuse, or non-delivery of the vouchers by the third party vendors to the User who shall have purchased the same from the Website and hereby releases and relieves the Website from any and all claims or liabilities that may arise there from.
Intellectual Property Rights
- Intellectual Property Rights (“IPR”) for the purpose of these Terms & Conditions shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
- All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in anyway such IPR of the Website, a third party supplier or seller during or pursuant to its use of the Website for any purposes whatsoever.
- All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of BRM E-Commerce Retail Private Limited as the owner of such domain name
- The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
- Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
- The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with : (i) The User’s breach of these Terms & Conditions; or (ii) Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or (iii) Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or (iv) Violation of any rights of any third party by the User, including any IPR.
- Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
- The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
- Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms & Conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/seller to the Website under the relevant order to which the cause of action for the liability relates.
- Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
Report Abuse and Take Down Policy
- In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms & Conditions then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
- For any reporting in respect of the aforesaid, the User should contact the Website at firstname.lastname@example.org
Feedback and Informationy
- User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
- The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
- The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
- In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
- By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
- These Terms & Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of all matters.
- In the event any dispute arises out of or in connection with the Terms & Conditions herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
- In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
- Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
- Notice: All notices to be issued pursuant to these Terms & Conditions shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms & Conditions shall be sent to the Website’s grievance officer by e-mail at email@example.com.
- Assignment: This Terms & Conditions shall not be assigned or otherwise transferred by the User. The Website’s obligations under these Terms & Conditions are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
- Severability: If any provision of these Terms & Conditions is void, or is so declared, such provision shall be severed. The Terms & Conditions shall otherwise remain in full force and effect.
- Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms & Conditions, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights here under shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms & Conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity.
- Nothing in these Terms & Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
- If performance of any Service under these Terms & Conditions by the Website is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.