AGREEMENT BETWEEN USER AND IMBIBE TECHNOLOGIES PRIVATE LIMITED
The Imbibe Technologies Private Limited (hereafter referred to as “Imbibe”) Web Site is comprised of various Web pages operated by Imbibe.
The Imbibe Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Imbibe Web Site constitutes your agreement to all such terms, conditions, and notices.
Imbibe reserves the right to change the terms, conditions, and notices under which the Imbibe Web Site is offered, including but not limited to the charges associated with the use of the Imbibe Web Site.
LINKS TO THIRD PARTY SITES
The Imbibe Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Imbibe and Imbibe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Imbibe is not responsible for webcasting or any other form of transmission received from any Linked Site. Imbibe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Imbibe of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Imbibe Web Site, you warrant to Imbibe that you will not use the Imbibe Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Imbibe Web Site in any manner which could damage, disable, overburden, or impair the Imbibe Web Site or interfere with any other party’s use and enjoyment of the Imbibe Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Imbibe Web Sites.
USE OF COMMUNICATION SERVICES
The Imbibe Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete 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.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Imbibe has no obligation to monitor the Communication Services. However, Imbibe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Imbibe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Imbibe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Imbibe’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children or family in any Communication Service. Imbibe does not control or endorse the content, messages or information found in any Communication Service and, therefore, Imbibe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Imbibe spokespersons, and their views do not necessarily reflect those of Imbibe.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Imbibe OR POSTED AT ANY Imbibe WEB SITE
Imbibe does not claim ownership of the materials you provide to Imbibe (including feedback and suggestions) or post, upload, input or submit to any Imbibe Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Imbibe, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Imbibe is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Imbibe’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
PRODUCTS OR SERVICES
Certain products or services may be available online through the Imbibe website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Imbibe has made every effort to display as accurately as possible the colors and images of our products that appear at the store. Imbibe cannot guarantee that your computer monitor’s display of any color will be accurate.
Imbibe reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Imbibe may exercise this right on a case-by-case basis. Imbibe reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Imbibe. Imbibe reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Imbibe does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
Imbibe reserves the right to refuse any order you place with us. Imbibe may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Imbibe makes a change to or cancel an order, Imbibe may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Imbibe reserves the right to limit or prohibit orders that, in Imbibe’s sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with Imbibe. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Imbibe can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Imbibe WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Imbibe AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Imbibe WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Imbibe WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Imbibe AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Imbibe WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Imbibe AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: [email protected]
Imbibe reserves the right, in its sole discretion, to terminate your access to the Imbibe Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of India and you hereby consent to the exclusive jurisdiction and venue of courts in the city of Karnal, Haryana in all disputes arising out of or relating to the use of the Imbibe Web Site. Use of the Imbibe Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Imbibe as a result of this agreement or use of the Imbibe Web Site. Imbibe’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Imbibe’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Imbibe Web Site or information provided to or gathered by Imbibe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Imbibe with respect to the Imbibe Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Imbibe with respect to the Imbibe Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Imbibe Web Site are: Copyright 2016 by Imbibe Technologies Private Limited and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement under Republic of India’s copyright law should be sent to [email protected].