Terms & Conditions
Terms and Conditions for transacting at and/or dealing with Online Shopping Website www.rbzone.com
Welcome to www.rbzone.com .
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.rbzone.com ("Website") is owned and operated by R B Home Appliances India Private Limited, a company incorporated under the Companies Act, 1956 vide CIN- U52334MP2000PTC014002, having its registered office at 14-15, Gujrati Samaj, New Road, Ujjain, MP - 456001 and hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].
All kinds of correspondence should be addressed to the support office address as given above.
Use of this Website is regulated by Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as your unconditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of Account creation or for a guest user at checkout stage for User to express his/ her acceptance by clicking on "I Agree" shall be deemed that you have accepted these Terms & Conditions fully and you have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this Website.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, employees, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, employees, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users
In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
"Company" shall mean RB Home Appliances India Pvt Ltd.
"Product(s)" shall mean any good and/or service offered for sale on the Website for consideration.
"Terms & Conditions" shall have the meaning as ascribed hereinabove.
The terms "User" / "Users" / "You" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.rbzone.com in any way.
Website shall mean www.rbzone.com , a website owned and operated by the Company for facilitating online transactions.
Use of www.rbzone.com is available only to those persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.rbzone.com only in the presence of consenting parent or guardian. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.
User agrees to be financially responsible for all of User's use of the services and access of the Website (as well as for use of User's account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation User's name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Us' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to rbzone.com.
The website is not available to persons whose membership has been suspended or terminated by rbzone.com for any reason whatsoever.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
The user shall be the end consumer and must not be an entity / person procuring goods for resale.
Amendment of Terms
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified
Intellectual Property Rights
The "RB ZONE™" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of RB Home Appliances India Pvt Ltd. All other Marks provided on the Website are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed on this Website, whether registered or unregistered, of R B Home Appliances India Pvt Ltd or others, are the intellectual property of their respective owners, and R B Home Appliances India Pvt Ltd shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
R B Home Appliances India Pvt Ltd and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of RB Home Appliances India Pvt Ltd and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. The Contents and software on this Website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Website is strictly prohibited. Unless R B Home Appliances India Pvt Ltd explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by RB Home Appliances India Pvt Ltd, any of its affiliates or by third parties who have licensed their materials to RB Home Appliances India Pvt Ltd and are protected by Indian copyright laws and international treaties.
The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.
The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in User's bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company's copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.
User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.
The Company logos, product and service marks and/ or names are trademarks which are owned by the Company (the "Marks"). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
User's misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
RB Home Appliances India Pvt Ltd reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access the Website.
User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.
In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to Users Information solely to enable the Company to use the information User supplies to the Company. The Company will only use Users Information in accordance with the Agreement.
User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
- Delivery of Product at address wrongly furnished by User.
- Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
- User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
The Website also allows limited access to the Services for unregistered Users (also called as 'Guest Users'). Such users will not be allowed to check-out and have the product delivery without registering themselves on website.
Payments for the products available on the Website may be made in the following ways:
- Credit Cards
- Debit Cards
- Net Banking
- e-Gift voucher
- Cash on Delivery
- Gift Card
- Reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.
The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
Further, the Company may actively report and prosecute actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User's order and/or other information. The Company's decision to require further authorization is at the Company's sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.
Representations and Warranties
User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.
User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc due to inaccuracy of any detail / information submitted by User or anybody else on the Website.
User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
- is correct, complete, relevant and accurate.
- is not fraudulent.
- does not "stalk" or otherwise harass another user;
- does not and shall not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
- shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
- shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
- shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
- shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
- shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
- shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
- is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation.
- is not illegal in any other way.
Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
User undertakes and confirms that User shall not use the Company website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
User agrees and understands that she/ he are responsible for all of his/ her activity in connection with the services and accessing the Website. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to access the Website.
User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other User's or use any information obtained from the service in order to do so.
Return and Replacement Policy
Please Refer to our Return and Replacement Policy provided on our Website.
Cancellation and Refund Policy
Please Refer to our Cancellation and Refund Policy provided on our Website.
Price displayed in the website is inclusive of all taxes.
We strive to provide you with best value. However, sometimes a price online may not match the price in a store in your particular geographic region and store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Rbzone.com strives to provide accurate product and pricing information, pricing or typographical errors may occur www.rbzone.com cannot confirm the price of a product until after user order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.rbzone.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
In the event that an item is mis-priced, rbzone.com may, at its discretion, either contact User for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and RBZONE.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to rbzone.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain rbzone.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to rbzone.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, rbzone.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. rbzone.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. rbzone.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
rbzone.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant rbzone.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify rbzone.com and its affiliates for all claims resulting from any Comments you submit. rbzone.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Rbzone.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. RBZONE.com also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
Limitation of Liability
The features and services on the R B Home Appliances India Pvt Ltd site is provided on an "as is" and "as available" basis, and R B Home Appliances India Pvt Ltd hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, undertakings and terms are hereby excluded.
R B Home Appliances India Pvt Ltd makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the site. Each user is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
All the products sold on rbzone.com are governed by different state laws and if rbzone.com is unable to deliver such products due to implications of different state laws, rbzone.com will return or will give credit for the amount received by rbzone.com from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on rbzone.com. By registering your phone number with us, you consent to be contacted by rbzone.com via phone calls and / or SMS notifications.
While availing any of the payment method(s) offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
lack of authorization for any transactions,
or exceeding the present limit mutually agreed by you and between your Bank/s,
or any payment issues arising out of the transaction,
or decline of transaction for any other reason/s.
All payments made against the purchases/services on rbzone.com by you shall be compulsorily in Indian Rupees acceptable by the Republic of India. rbzone.com does not accept any other form of currency with respect to the purchases.
Each User hereby agrees to indemnify and save R B Home Appliances India Pvt Ltd, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that R B Home Appliances India Pvt Ltd is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
R B Home Appliances India Pvt Ltd shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
The use or the inability to use the Site
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site.
Any matters relating to Paid Services however arising, including negligence. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our Acquiring bank from time to time.
Dispute Resolution, Governing Law and Jurisdiction
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. All notices or demands to or upon R B Home Appliance India Pvt Ltd shall be effective if in writing and shall be duly made when sent to RB Home Appliances India Pvt. Ltd. at the following address: To R B Home Appliances Pvt Ltd, 14-15, Gujrati Samaj, New Road, Ujjain (M.P.) - Pin- 456001. All disputes subject to Ujjain Jurisdiction.
RB Home Appliances India Pvt Ltd's failure to act with respect to a breach committed by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change, alter or modify these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org.