Terms and conditions
These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of this mobile application, web-based application, web page, mobile web page (hereinafter collectively referred to as “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Pulpbrew (“Pulpbrew”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Pulpbrew, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Pulpbrew shall mean and include Pulpbrew, its subsidiaries, associate companies, parent company(ies), representatives, officers, directors, licensors, licensees thereof (hereinafter collectively called as Pulpbrew). Please note that the use of words “includes”, “include”, or “including” refers to “including but not limited to” in all senses.
Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You may be asked to provide all the proofs that are asked at the time of registration which shall be issued by any Government Authority and it shall hold validity. In case the proof submitted by you is declared to be false or concocted, We reserve the right to delete your account in such a case and further block you from registering with us again. You hereby declare that You shall hereby indemnify us from all sorts of liabilities for your actions under this clause.
Content on the Platform
All information, content and material contained on the Platform are and continue to be Pulpbrew’s or relevant third party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Pulpbrew or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Pulpbrew or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
Pulpbrew authorises you to view and access Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. Pulpbrew, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Content.
You hereby grant to Pulpbrew a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to Pulpbrew through the Platform.
User Warranties and Restrictions
You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
You will not: Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify; Decompile, reverse engineer, or disassemble the content; Use the Services in any way that is unlawful, or harms Pulpbrew or any other person or entity, as determined in Pulpbrew’s sole discretion; Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms; Make false or malicious statements against the Services, the Platform or Pulpbrew; Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services; Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third-party.
Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that; belongs to another person and to which they do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; harms 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; impersonates or defames another person; or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify Pulpbrew of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. Pulpbrew will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Pulpbrew or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.
You represent and warrant to Pulpbrew that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to Pulpbrew in connection with the Platform and/or Services is true and accurate.
Manner of use of Platform
Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, Pulpbrew’s acceptance of your offer and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.
You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. Pulpbrew accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products, is subject to the Fees and Payment Policy.
Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, in accordance with the Delivery Policy.
All information in relation to third parties, including sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. Pulpbrew is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third Party Information at your own risk.
If you may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy.
DISCLAIMER OF WARRANTIES
Pulpbrew will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that Pulpbrew does not take responsibility for any access or use problems that arise from internet related issues at your end. Pulpbrew reserves at all times the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
The Platform may contain user generated content which Pulpbrew does not pre-screen and which contains views that may be opinions of users and also of experts. Pulpbrew does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any UGC on the Platform, you continue to own the rights that they may have in that UGC, subject to the limited license set out herein below. Pulpbrew will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. Pulpbrew does not promise that any user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
As a means to assist you in identifying the Products of your choice, Pulpbrew provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Pulpbrew disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to you. The appearance of the Product when delivered may vary for various reasons.
The Services included on or otherwise made available to you through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Pulpbrew does not covenant or warrant that:
- The Services will be made available at all times;
- The operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components
- the Content available on the Platforms is complete, true, accurate or non-misleading; and
- The Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Pulpbrew, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Pulpbrew or any third-party. Pulpbrew will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Pulpbrew with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
To the fullest extent permitted by law, in no event shall Pulpbrew or any of its directors, officers, employees, agents or content or service providers (collectively, the “Pulpbrew Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Pulpbrew Representatives have been advised of the possibility of such damages.
In no event shall Pulpbrew Representatives be liable for:
- the use or inability to use the Platform and/or the Services;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;
- any unauthorized access to or alteration or transmissions of SPI or other user data; or
- any other matter relating to the Platform or the Services.
Pulpbrew is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Pulpbrew is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
None of the directors, officials or employees of Pulpbrew shall be personally liable for any action in connection with the Platform or the Services.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Pulpbrew with respect to such other services. Pulpbrew is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your Pulpbrew on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Pulpbrew to disclose your data as necessary to facilitate the use or enablement of such other service.
Users hereby shall agree and accept the Terms and Conditions of the third-party websites or service providers websites that are used for report interpretation or analysis and User shall agree and accept to the payment gateway terms and conditions. Failing which the listing shall not be successful or such service shall not be provided by Pulpbrew and the user shall not claim this as a deficiency in services.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
Pulpbrew makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
COMMUNICATION AND UNSUBSCRIPTION
You hereby understand that with your registration onto the Platform, you may receive notifications from Pulpbrew in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, Pulpbrew may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Pulpbrew endeavors to provide these notifications and reminders to you, Pulpbrew does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from Pulpbrew at any time by following the procedure set forth on the Platform.
TERM AND TERMINATION
These Terms shall be effective from the date of their publication on the Platform.
Pulpbrew reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Pulpbrew is unable to verify or authenticate any information submitted by you.
You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
Pulpbrew will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Pulpbrew’s reasonable control.
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Pulpbrew. Any consent by Pulpbrew to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:
Name : Ms. Vakula Sharma
Address : H No. 6-3-1237, 1237/A & 1238, Raj Bhavan Road, Somajiguda, Hyderabad Telangana – 82
E-mail ID : [email protected]
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, all transactions consummated between you and Pulpbrew and the relationship between you and Pulpbrew is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Hyderabad.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.