These Website Terms Of Use (“Terms Of Use” or “Terms”) Is An Electronic Record In The Form Of An Electronic Contract Formed Under Information Technology Act, 2000 And Rules Made Thereunder And The Amended Provisions Pertaining To Electronic Documents /Records In Various Statutes As Amended By The Information Technology Act, 2000. These Terms Of Use Do Not Require Any Physical, Electronic Or Digital Signature.
These Terms Of Use Is A Legally Binding Document Between The User/Visitor And Brizcard Solutions (Both Terms Defined Below). These Terms Of Use Will Be Effective Upon Your Acceptance Of The Same (Directly Or Indirectly In Electronic Form Or By Means Of An Electronic Record) And Will Govern The Relationship Between User/Visitor And Brizcard (Defined Below) For The Use Of The Website To Purchase Product/S Service/S Available Therein.
This Document Is Published And Shall Be Construed In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 Under Information Technology Act, 2000 That Require Publishing The Rules And Regulations, Privacy Policy And User Terms For Access Or Usage Of The Website.
These Terms Of Use Of The Website Located At The Url www.brizcard.com (https://www.brizcard.com) Is Between Brizcard Solutions (Hereinafter Referred To As "Brizcard" or “We” or “Us” or “Our”) And The Guest User Or Registered User Or Registered Business Of The Website Hereinafter Referred To As “You” or “Your” or “Yourself” or “Guest User” Describe The Terms On Which Brizcard Offers You Access To The Website And Such Other Services As Are Incidental And Ancillary Thereto (“Services”).
Brizcard And You Are Hereinafter Individually Referred To As “Party” And Collectively As “Parties”, As The Context May Require.
Please Read These Terms Of Use Carefully Before Using Or Registering On The Website Or Accessing Any Material, Information Or Services Through The Website. If You Do Not Agree With These Terms Of Use, Please Do Not Use The Website
This Agreement Sets Forth The Terms And Conditions That Apply To The Use Of The Site By The User. By Using This Site, The User Agrees To Comply With All Of The T&C Hereof. The Right To Use The Site Is Personal To The User And Is Not Transferable To Any Other Person Or Entity. The User Shall Be Responsible For Protecting The Confidentiality Of Their Password(S), If Any. The User Acknowledges That, Although The Internet Is Often A Secure Environment, Sometimes There Are Interruptions In Service Or Events That Are Beyond The Control Of The Company, And The Company Shall Not Be Responsible For Any Data Lost While Transmitting Information On The Internet. While It Is The Company’s Objective To Make The Site Accessible 24 Hours Per Day, 7 Days Per Week, The Site May Be Unavailable From Time To Time For Any Reason Including, Without Limitation, Routine Maintenance, Due To Overload.
Cyber Attack, Bug In Code Etc. You Understand And Acknowledge That Due To Unavoidable Circumstances Both Within And Outside Of The Control Of The Company , Access To The Site May Be Interrupted, Suspended Or Terminated From Time To Time. Data Loss May Occur Due To Various Reasons. On The Manifestation Of The Data Loss Issue, We Might Put The Service Down In Order To Reconstruct The Data From The Back Up. The Company Shall Have The Right At Any Time To Change Or Discontinue Any Aspect Or Feature Of The Site, Including, But Not Limited To, Content, Hours Of Availability And Equipment Needed For Access Or Use. Further, The Company May Discontinue Disseminating Any Portion Of Information Or Category Of Information May Change Or Eliminate Any Transmission Method And May Change Transmission Speeds Or Other Signal Characteristics.
ELIGIBILITY TO USE
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the BRIZCARD system by BRIZCARD for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between BRIZCARD and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
BRIZCARD reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so.
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your unique login-id to another person.
USER OBLIGATIONS AND ROLE OF BRIZCARD
Subject to compliance with the Terms, BRIZCARD grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
You agree to use the Services, Website and the Content (as de ned herein) provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with Article 8 (use of content).
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by BRIZCARD
You hereby grant BRIZCARD a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that BRIZCARD is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Product/s on the Website. BRIZCARD is not the Vendor of the Product/s. Accordingly, any contract for the sale /purchase of Product/s on the Website is a bipartite contract between You and the Business (if You are a You) or You and the You (if You are a Business). BRIZCARD neither recommends You to buy or sell any Product/s on the Website nor does BRIZCARD endorses any such Product/s and nor does BRIZCARD provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Product/s on the Website. Further, BRIZCARD does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether You or Business) will complete any transaction or act in a prudent manner.
When You use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
Belongs to another person and to which the User does not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
Infringes any patent, trademark, copyright or other proprietary rights;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any BRIZCARD server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user/business, of or visitor to, the Website, or any other customer of BRIZCARD , including any BRIZCARD Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Use the Website or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BRIZCARD or other third parties;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the terms of the Terms.
You agree that You are solely responsible to BRIZCARD and to any third party for any breach of Your obligations under these Terms of Use and for the consequences (including any loss or damage which BRIZCARD or its affiliates or its businesses may suffer) for any such breach.
BRIZCARD does not pre-screen User Content. BRIZCARD has no obligation to monitor any User Content. However, BRIZCARD at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if BRIZCARD determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where BRIZCARD removes any User Content from the Website, BRIZCARD will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in any manner negate or dilute BRIZCARD's position as an intermediary or impose any liability on BRIZCARD with respect to User Content.
You shall solely be responsible for maintaining the necessary computer /mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with Your purchase and/or use of the services. You are responsible for all such fees.
You may need to install updates that we or any third party introduce from time to time to use the services, Product/s, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Product/s or Website You have installed requires that You have agreed to receive such automatically requested Updates.
USE OF CONTENT
Except as expressly indicated to the contrary, BRIZCARD hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
You may not modify or alter product catalogues available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
THIRD PARTY CONTENT
General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Product/s, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the Businesses in the process of advertising, exhibiting and offering to sell the Product/s on the Website. All Third Party Content is provided on an ‘As Is’ basis. BRIZCARD may not own /have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. BRIZCARD shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at Your own risk, responsibility and liability. BRIZCARD makes no warranty or representation regarding, and does not endorse, any website linked to the Website /Services or the information appearing thereon or any of the Product/s or services described thereon.
DISCLAIMER OF WARRANTIES & LIABILITY
The website, services, content, user content and any third party content are provided by BRIZCARD on an “As is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BRIZCARD makes no warranty that (II) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (III) the quality of the website or services will meet your expectations; or that (IV) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written obtained by you from BRIZCARD or through the website from use of the services shall create any warranty not expressly stated in these terms of use.
To the maximum extent permitted by applicable law, BRIZCARD will have no liability related to user content and/or third party content arising under Intellectual Property Rights, Label, Privacy, Publicity, Obscenity or other Laws. Brizcard Also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and/or third party content.
You expressly understand and agree that, to the maximum extent permitted by applicable law, BRIZCARD will not be held liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without you knowledge, under any law. It shall be your duty to protect your account details. BRIZCARD has endeavoured to ensure that all the information on the website is correct, but BRIZCARD neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service, BRIZCARD shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, BRIZCARD shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond BRIZCARD's Control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data. BRIZCARD is not responsible for any typographical error leading to any invalid coupon. BRIZCARD accepts no liability for any errors or omission, with respect to any information provided to you whether on behalf of itself or third parties.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless BRIZCARD, its subsidiaries, affiliates, businesses, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Terms(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content /content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary in the Terms(s), BRIZCARD’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to BRIZCARD under the relevant order to which the cause of action for the liability relates.
Notwithstanding anything to contrary in the Terms(s), in no event shall BRIZCARD, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BRIZCARD has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
Brizcard Solutions, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
TERMINATION
The Terms will continue to apply until terminated by either You or BRIZCARD as set forth below. If You want to terminate Your Terms with BRIZCARD, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where BRIZCARD has made this option available to You.
You agree that BRIZCARD may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if BRIZCARD determines that You have violated the terms of these Terms of Use or any other Terms(s).
In addition to Article above, BRIZCARD may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
BRIZCARD is required to do so by law (for example, where the provision of the Services to You is, or becomes unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to You by BRIZCARD is, in BRIZCARD's opinion, no longer commercially viable;
BRIZCARD has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
In the event BRIZCARD faces any unexpected technical issues or problems that prevent the Website and /or Services from working.
BRIZCARD may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
You agree that all terminations shall be made in BRIZCARD’s sole discretion and that BRIZCARD shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
Notwithstanding the foregoing, these such terms of this Terms as are meant to survive termination /expiry of this Terms, will survive indefinitely unless and until BRIZCARD chooses to terminate them.
REPORT ABUSE AND TAKE DOWN POLICY
In the event You come across any abuse or violation of these Terms of Sale or if You become aware of any objectionable content on the Website, please contact BRIZCARD. Content that is considered obscene under Indian law is strictly forbidden on the brizcard.com site, and users are prohibited from posting any material of an obscene nature on the site
COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to BRIZCARD, You agree and understand that You are communicating with BRIZCARD through electronic records and You consent to receive communications via electronic records from BRIZCARD periodically and as and when required. BRIZCARD will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice /electronic record to the maximum extent permitted under any applicable law.
INTERNATIONAL USERS AND CHOICE OF LAW:
This Site is controlled, operated and administered by BRIZCARD from its office within India. BRIZCARD makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside India, You are responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) as mentioned in para 19.1, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.
These Terms of Use constitutes the entire agreement between BRIZCARD and You with respect to Your use of the Website.
MISCELLANEOUS PROVISIONS:
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. BRIZCARD’s rights and/or obligations under the Terms are freely assignable or otherwise transferable by BRIZCARD to any third parties without the requirement of seeking Your prior consent. BRIZCARD may inform You of such assignment or transfer in accordance with the notice requirements under the Terms. BRIZCARD shall have the right to transfer Your Account and Account Information to a third party who purchases BRIZCARD's business as conducted under the Website.
Force Majeure: If performance of any service or obligation under these Terms of Use or other Terms by BRIZCARD is, or other third parties in fulfilment of any purchase or sale transaction (for ex: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Article, which are beyond the reasonable control of BRIZCARD or its third parties performing such services as sub-contractor to BRIZCARD and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then BRIZCARD shall be excused from such performance to the extent of and during the period of such Force Majeure Event. BRIZCARD shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
Principal to Principal Relationship: You and BRIZCARD are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and BRIZCARD. As an abundant caution, it is clarified that BRIZCARD shall not have any right to conclude any contract for sale or purchase of Product/s for and /or on Your behalf and both You and BRIZCARD have entered this Terms on principal to principal basis.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. BRIZCARD may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
DISPUTE RESOLUTION:
In the event of any dispute arising out of or relating to these Terms, termination or invalidity thereof shall be referred to and finally resolved by an arbitration under the provisions of the Arbitration and Conciliation Act, 1996 and or its statutory modifications. The Arbitration proceedings shall be conducted in English. The principles of natural justice must be observed in the arbitration proceedings.
The Parties shall be treated with equality and impartiality and each of them should be given an opportunity to present its case. The arbitrator/s shall not be bound by the strict rules of law and evidence and the Arbitral Tribunal shall be free to decide the matter as to do substantial justice between the Parties. The seat of Arbitration shall be at Vadodara. The Arbitration award shall be final and binding.
GOVERNING LAW:
The said Terms shall be governed and construed in accordance with the laws of the India. Subject to provisions of Article 17, the Civil Courts at Vadodara shall have exclusive jurisdiction to try and entertain any dispute arising out of or in connection with these Tems.
BRIZCARD SOLUTIONS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. BRIZCARD.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE.
Please Note: By accepting these Terms and Conditions, you are deemed to accept our Privacy Policy.