This User Agreement for the use of the dutyfree.buzz has become binding on you and the Company and shall be deemed to commence and apply from the instant you commence using the Services. This User Agreement may be amended, modified or supplemented from time to time by the Company without prior notification to you. You are advised to check the Website from time to time to appraise yourself of any such aforesaid changes.
(i) For the purpose of the User Agreement, the terms ‘User’, ‘Registered User’ and, wherever the context so requires, ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become a Registered User.
(ii) For the purposes of this User Agreement, the word “Transact” and its grammatical variations shall mean any action carried out by you on any page of the Website including, but not limited to, clicking on a ‘button’, ‘checkbox’ or ‘radio button’, selecting an option from a ‘dropdown menu’ and entering any information into a ‘text box’.
(iii) As a new Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action by carrying out a Transaction on the Website. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box " or on the “continue” button or take any affirmative action by clicking on any button on any page of the Website where it is indicated that your so doing would be deemed acceptance of this User Agreement and do not seek to obtain access to or otherwise use the Website.
(iv) When you use any of the services provided by or through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement.
(v) The Company may amend this User Agreement and/or the Company’s rules and policies at any time by posting a revised version on the Website. All updates and amendments shall be notified on the “login page” and on the “home page” of the Website and, if you choose to Transact on the Website after such notification, the updates/amendments shall be binding upon you. The revised version will be effective at the time the Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
(vi) If you are transacting on this website on behalf of a company, organization or other legal entity, you represent that you are duly authorized by such entity to accept this User Agreement and you have the authority to bind that entity to this User Agreement.
(vii) Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. Please contact us if you need any clarifications with regard to any provision of this agreement.
In order to use this website:
(i) You should have the ability to form legally binding contracts under the laws of the jurisdiction in which you are stationed or situated;
(ii) You should be at least 18 (eighteen) years of age to search the information on alcohol or tobacco or, if the laws of the jurisdiction to which delivery is to be made prescribe a higher age for this purpose, you should be at least of such higher age; and DO NOT USE THE WEBSITE IF YOU DO NOT FULFILL ALL OF THE ABOVE-STATED CONDITIONS.
C. USER ACCOUNT AND REGISTRATION
(i) If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your telephone, computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and phone number as the case may be.
(ii) You agree, inter alia, to (a) provide true, accurate, current and complete information about yourself as prompted by the Website (such information being the "Registration Data"); and (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(iii) If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
D. ELECTRONIC COMMUNICATIONS
(i) When you use the Website or send emails or other data, information or communication to the Company, you agree and understand that you are communicating with the Company through electronic records and you consent to receive communications via electronic records from the Company periodically and as and when required.
(ii) The Company will communicate with you by email or by a general notice posted on the login page or home page of the Website which will be deemed adequate service of notice / electronic record.
(i) Membership on the Website is free. The Company does not charge any fee for browsing items on the Website. Unless otherwise stated, all prices shall be quoted in United States Dollars.
(ii) The Company shall take all reasonable steps to ensure the product information and prices are always updated however and prices of products listed on the website may fluctuate due to change in price by the manufacturers/brand-owners/suppliers or due to currency fluctuations. The Company reserves the right to adjust the prices of the products listed on the Website without prior notice to you.
F. USE OF THE WEBSITE
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
(i) The phrase "your information", including its grammatical and contextual variations, is defined as any information you provide on the Website in the registration or purchase process, in the feedback area or through any e-mail feature. You are solely responsible for the content of Your Information, and the Website acts only as a passive conduit for Your Information.
(ii) You shall not upload, modify, transmit, update or share any information that:
- a. belongs to another person and to which You do not have any right;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- c. can cause harm to any person;
- d. infringes any patent, trademark, copyright or other proprietary rights of any third party;
- e. invades the privacy of any person;
- f. is false, fraudulent, inaccurate or misleading;
- g. violates any law for the time being in force;
- h. has the effect of impersonating another person;
- i. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- j. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or is insulting to any other nation;
- k. causes incitement to the commission of any offence or prevents investigation of any offence;
- l. directly or indirectly, offers, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and/or
- m. creates any liability for the Company or cause the Company to lose (in whole or in part) the services of Internet Service Providers or other suppliers.
(iii) Solely to enable the Company to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
(iv) You shall not, either alone or in conjunction with another, manipulate or attempt to manipulate the prices of any item or information listed on the Website.
(v) You shall at all times ensure full compliance with the applicable laws of India.
(vi) The Website may be used for your own private purposes, and not for any commercial purposes, and in all cases in accordance with this User Agreement.
(vii) The Company shall take all reasonable measures to ensure that the Website is operational continuously. However, occasionally technical issues may result in unavailability of the Website and the Company will not be liable for any loss or damage caused to you arising from such unavailability. The Company may, but is not bound to, give you prior notice of the Website’s unavailability.
(viii) Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that the Company endorses that website. If you visit any website via a link on this Website you do so at your own risk and the Company disclaims all responsibility and liability for the same.
(ix) You may provide a link to the Website to any person via email or other means or may publish a link to this website on any other website, subject to the following conditions:
- a. You shall not represent, directly or indirectly, that the Company is endorsing the services or products of another party without the prior written consent of, or written agreement with, the Company;
- b. You shall not misrepresent your relationship with the Website or hold yourself out as an agent or representative of the Company; and
- c. The website from which you link to this Website shall not contain any content that is not permitted by the laws of India or infringes any third party rights.
Without limiting other remedies available under law, the Company may limit your activity on the Website, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership and/or refuse to provide you with access to the Website in certain cases which include, but are not limited to:
(i) If you breach the User Agreement;
(ii) If the Company is unable to verify or authenticate any information you provide; or
(iii) If it is believed, in the sole discretion of the Company, that your actions may cause legal liability for you, other users of the Website or the Company. The Company may at any time at its sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with or use the Website in any manner whatsoever until such time that such user is reinstated by the Company. Notwithstanding the foregoing, if you breach the User Agreement, the Company reserves the right to recover any amounts due and owing by you to the Company and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
H. LIMITATION OF LIABILITY
(i) In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the Website, its services or this agreement (however arising, including negligence).
(ii) The Company makes no claim as to the products listed by it being merchantable or fit for any particular purpose and expressly disclaims all liability in relation thereto.
(iii) The Company shall take all reasonable steps to ensure that the information available on the Website is up to date and accurate at all times but does not guarantee the accuracy or currency of such information. You use the material on this Website at your own discretion.
(iv) The Company, its associates, affiliates, service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, product, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- a. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
- b. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages).
You shall indemnify and hold harmless the Company and (as applicable) its affiliated companies, third-parties and their respective officers, directors, agents, and employees, from any claim, liabilities, damages, losses, costs, expenses, demand or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, or your violation of any law, rules or regulations or the rights of a third party.
(i) None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
(ii) Except as explicitly stated otherwise, any notices shall be given to the Company by email at firstname.lastname@example.org and to you at the email address you provide by you during your use of the website. Notice shall be deemed to have been given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, at the Company’s discretion, it may give you notice by postal mail or courier to the address provided by you during your use of the Website. In such case, notice shall be deemed to have been given 3 days after the date of mailing.
(iii) If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
(iv) The User Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
(v) In the Company’s sole discretion, it may transfer or assign its rights and obligations under this Agreement without your prior consent.
K. GOVERNING LAW AND DISPUTE RESOLUTION
(i) If any dispute arises between you and the Company during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall is an independent and neutral third party identified by the Company.
(ii) Notwithstanding anything herein to the contrary, the Company shall have the right, pending the final resolution of a dispute, to seek any urgent injunctive or interlocutory relief from any court of law or judicial/quasi-judicial body.