This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
The Website is currently owned and operated by Shivatribe Products LLP, having its registered address at Pournami, 12/459, Eanthanpatha, Kanimangalam, Nemmara, Palakkad, Kerala, 678508, India.
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parent or guardian before doing so.
You need not register with MadVibes to simply visit and view the Website and service catalogue available on the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). These certain features include, but are not limited to viewing the marks scored, answer keys, answer explanation and basic analytical reports. To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to MadVibes in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook, Google+, etc. account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your MadVibes password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MadVibes immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without MadVibes’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not MadVibes will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MadVibes or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User”.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
3. ADDITIONAL POLICIES
C. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Sellers and/or MadVibes); (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Seller’s or Website’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by MadVibes in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the Posting, MadVibes, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; and/or (b) suspend the Service User’s Account.
3. ADDITIONAL RULES
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Seller.
If you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the Seller and the Seller will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.
In cases where the Buyer has received Delivery of the item within the stipulated time but the item is not as described in the listing, the Buyer is entitled to claim a refund for the entire Transaction Price paid within 5 days from the expiry of the Delivery time. If such refund claim is raised by the Buyer, the Seller has the option to disagree to the same, in which case the Company may put the refund claim on hold for checks and verifications. The Company may contact the Buyer and the Seller for the purposes of verification. As a result of such verification, the refund claim may either be accepted or rejected by the Company in its sole discretion which shall not be disputed by the Seller and the Buyer. If the refund claim is accepted then the Transaction Price will be refunded to the Buyer.
All payments for refund of the Transaction Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries.
D. Limitation of our Liability
You hereby release MadVibes, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users.
None of the Services listed / non-listed on the Website are provided by us. We act as an intermediary between the Service Users and the Sellers. All the service related information transmitted and posted on the Website are by the Sellers.
We shall in no way be liable for the information related to the Services posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The Service Providers act as an independent contractor and any act done by those service providers makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided Service.
You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
We shall not be liable for any amount of delay or inability in performing the Service. The reasonableness shall be determined on case to case basis but the generally it is due to practice interruption. The Seller shall be solely liable for the quality of the Product delivered to the Service Users.
You understand and agree that we merely provide hosting services to our Service Users who access Website for purchase of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Sellers. You also give permission to us to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Website to do so.
E. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
G. Copyright Infringement Take Down Procedure
MadVibes has high regard for intellectual property and expects the same level of standard to be employed by its users. MadVibes may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit MadVibes to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit MadVibes to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
H. Modifications to or Termination of Website
MadVibes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that MadVibes shall not be liable to you or to any third party for any modification, suspension or discontinuance of MadVibes services.
I. Intellectual Property Rights
1. MADVIBES OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content by Sellers), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by MadVibes. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MadVibes reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. MADVIBES’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
J. Governing Law
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to MadVibes or initiate any legal action it may deem fit, particularly in the event:
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the Service User.
Any User that may have been suspended or blocked may not register or attempt to register with MadVibes or use MadVibes in any manner whatsoever until such time that such Service User is reinstated by the Company. Notwithstanding the above, if you breach this Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.
MadVibes is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of MadVibes.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time.
The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on MadVibes. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on MadVibes. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on MadVibes.
MadVibes is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
The Company and its suppliers, affiliates and service providers make available MadVibes and services including the MadVibes Logistics, MadVibes authorised Payment Gateway facility for electronic payment on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of MadVibes and MadVibes authorised payment gateway electronic payment facility is at your own risk.
You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of MadVibes and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company’s reasonable efforts in that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
N. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS