You agree and understand that this Agreement governs the use of, browsing of and your access to the www.mahouindia.com which is a website owned, maintained and operated by the Company or any associate/affiliate authorised by Company (“Website”).
Users must be 18 years of age or older or of age of majority in accordance with the law applicable to the place of your present location, to register, or visit or use the Website in any manner. By registering, visiting or using the Website, you hereby represent and warrant to Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website, and agree to abide by the Agreement. Company shall be entitled to deactivate such User’s account or prohibit such user from accessing the Website, without further notice, upon finding out that a User is under the age of 18.
The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally through hacking or some other means.
2. Use of the Website
This Website is maintained for your personal entertainment, information and education. You should feel free to browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media.
You shall not use any computer program tools including, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website.
3. Data of Users
You agree to provide current, complete and accurate information to the Company while using the Website, including your name, age, address, phone numbers, email address.
You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Company has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Company reserves the right to indefinitely suspend, terminate or block your access to the Website, and refuse to provide you with access to the Website in future.
4. User’s Obligations
As per law and in terms of this Agreement, you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, posting or sharing any information that:
- (i) belongs to any other person and in respect of which, you do not have any right;
- (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of any other person’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- (iii) harms minors in any way;
- (iv) infringes any patent, trademark, copyright or other proprietary rights;
- (v) violates any law for the time being in force;
- (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- (vii) impersonates or defames another person; or
- (viii) 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 also prohibited from:
- (i) violating or attempting to violate the integrity or security of the Website or the Content of the Company;
- (ii) transmitting any information on or through the Website that is disruptive or competitive to the products or provision of services by Company;
- (iii) intentionally submitting on the Website, false or inaccurate information;
- (iv) 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 Website;
- (v) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; or
- (vi) copying or duplicating in any manner any of the content on the Website.
5. Content on Website
It is hereby declared and acknowledged by you that the contents of Website, including text, information, graphics, images, illustrations, photographs, lay-out, videos, charts, info graphics, logos, button icons, software code, interface, colour schemes, design and the collection, arrangement and assembly of the content, trademarks, logos, brand names, designs on the Website are the property of Company, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Content”), and are protected under copyright, trademark and other applicable laws. You are prohibited from modifying the Content or reproducing, displaying, publicly performing, distributing, reverse engineer or otherwise use the Content in any way other than for the purpose of purchasing products on the Website.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property on this Website is owned or licensed to Company or its parents, affiliates or subsidiaries and can not be used by you without the prior written consent of Company. Your use of this Website does not grant you any right, title, interest or license to any such intellectual property appearing on the Website.
Company, grants you a limited, revocable permission to access and use the Website. This permission does not include a permission for claiming any right, title or interest in the Content on Website or commercial use of the Content and any derivative use of the Website or of Content.
Company declares that the Company has made reasonable efforts to provide accurate visual representations of the products and the Company disclaims any guarantee or warranty of exactness of such visual representation or description of the product, with the actual product ultimately bought by the Users.
The display of Content on the Website is merely for the purpose of information. We are not responsible if information made available on this site is not accurate, complete or current. Further the Content on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
Company may, at any time and without any prior notice to you: amend, upgrade, update, change, modify, or improve (i) the Website or a part of the Website in a manner it may deem fit, and (ii) terms of the Agreement in substance, or as to procedure or otherwise. All such amendments will be applicable to all Users. You must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted.
7. Unlawful or Prohibited Use
User warrants and represents to the Company that the User will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Website and any other related activities. You further warrant that you will not use the Website in any way prohibited by terms contained in the Agreement or under applicable law.
It is not promised by the Company that this Website or any content, service or feature of the Website will be free of error or uninterrupted, or that your use of the website will provide specific results. The Website and its content are provided "as is" and "as available" basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purposes, non-infringement or accuracy.
The Company assumes no responsibility, and shall not be liable for any damage caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Website or your downloading of any materials, text, images, video or audio from the site or any linked sites.
It is acknowledged and undertaken by the User that User is accessing the Website at its own risk and that you are using prudent judgment accessing the Website. Company does not provide or make any representation, warranty or guarantee, express or implied about the Website and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
You hereby agree to indemnify and hold harmless Company, its affiliates, officers, directors, employees, consultants, licensors, agents, vendors, suppliers and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to the Website, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Company, (iv) action or inaction on behalf of Company’s third party affiliates, manufacturers, vendors; and (v) infringement of any intellectual property or other right of any person or entity.
11. Grievance Officer
Any grievances which you may have with respect to the information shared by you with Company hereunder and its treatment, may be directed by you to the grievance officer designated by Company at the below mentioned address:
- Name: Subham Chakraborty
- Phone Number: +91 1244742200
- Email Address : email@example.com
- Postal Address: 9th floor, Tower A, DLF Cyber Greens Building, DLF Cyber City, Gurgaon, 122002 Haryana, India
- Designation : Grievance Officer
This Agreement May be terminated by the Company in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if Company is unable to verify or authenticate any information you submit to it.
You may terminate the Agreement at any time by notifying the Company that you no longer wish to use Website , or when you cease using our Website.
All rights and obligations accruing before the date of termination shall shall survive the termination or expiration of the Agreement.
13. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Gurgaon, Haryana.
All disputes will be subject to arbitration at Gurgaon, Haryana in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Arbitration awards shall be reasoned awards and shall be final and binding on Company and the disputing User, and shall be enforceable in any court of competent jurisdiction.
- (a) Severability- If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.
- (b) Waiver- Company ’s failure to enforce any provision of the Agreement or respond to a breach by a User shall in no way imply a waiver of Company’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User.
- (c) Notices- All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
- Postal Address:
- Mahou India Private Limited 9th Floor, Tower A, DLF Cyber Greens Building,DLF Cyber City,Gurgaon, Haryana - 122002
- Email Address:
- (d) Interpretation- Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same. Words denoting the singular shall include the plural and words denoting any gender shall include all genders. The words “include” and “including” are to be construed without limitation.