TERMS AND CONDITIONS RELATED TO THE USE OF Dewberries WEBSITE AND PURCHASES MADE FROM IT
LICENSE TO USE WEBSITE :
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not republish material from this website (including republication on another website); You must not sell, rent or sub-license material from the website; You must not use any material from the website to present, reproduce, duplicate, copy or otherwise exploit material on our website for any commercial purpose; You must not edit or otherwise modify any material on the website or redistribute material from this website, except for content specifically and expressly made available for redistribution (such as our newsletter). You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the user ID and password are kept confidential.
USER GENERATED CONTENT
In these terms and conditions, “ user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. User content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent, permitted by the applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with Indian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Gurgaon India.
USE OF UPLOADED IMAGES AND COPYRIGHT INFRINGEMENT
Dewberries and it’s associated suppliers and subcontractors can in no way be held responsible for copyright infringement resulting from the use of uploaded images. It is clearly understood that the expectation of Dewberries is that the use of the image or image file is full responsibility of the Dewberries customer and that all uploads are made with the full understanding, sanction and approval of the owner of the image or image file. It is stated clearly here that any breach or infringement of copyright will be considered the fault of the Dewberries customer and Dewberries will accept no liability for such breach. If there is any doubt as to the legal rights or restrictions applicable to any image or image file, it is Dewberries express recommendation that the file is not uploaded or used to create a Dewberries product.
Dewberries may offer at time some promotional schemes which may be open for all the users of this website only. Offers are not transferable. Employees of Dewberries and its affiliates/subsidiaries, associated agencies, participating operators and their immediate family members and relatives are not eligible for any offers running on our website. Offers cannot be clubbed together. The promotions are governed by the laws of India and any disputes arising out these are subject to the jurisdiction of the courts of Gurgaon,Haryana only. Failure by Dewberries to enforce any of these rules in any instance(s) shall not give rise to any claim by any person.