Terms of Service


Introduction
 

This website is operated by PH BRIO ONLINE & RETAILS SERVICES LIMITED. Throughout the site, the terms “we”, “us” and “our” refer to BornBrio. BornBrio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and at appropriate sections of this website .

These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.


I. General Conditions
 

These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. You must be at least 18 years of age to use our website and by using our website, you warrant and represent to us that you are at least [18] years of age. The Company reserve the right to refuse to provide its service for any users.

By agreeing to this terms and conditions, the users give their consent for transfer of all the information provided by you (not including credit card information) in unencrypted form and includes

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Further, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


II. Accuracy of information
 

The information provided by the Company in this website is based thorough research. However, the Company is not responsible for the accuracy or completeness of the information contained herein. The users are required to verify the information provided herein from the primary source and obtain necessary professional assistance before making any decision. Any reliance on the material on this site is at your own risk. The Company reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


III. Modifications to the service and prices
 

The prices of the products or services offered by the Company are not constant and subject to change. The Company reserves the right to change the prices of the products or services without notice. The Company further reserves the right to discontinue the sale of any product or service without any notice. The users of the website are bound by the modifications made by the Company from time to time in the nature, price or other specifications in the goods or services offered by it.


IV. Accuracy of billing and account information
 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.


V. Optional tools
 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


VI. Third-party links
 

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


VII. User feedback:
 

In these terms and conditions, "your feedback" means all materials including text, graphics, images, audio material, video material, etc., that you submit to us or our website for storage or publication on our website. You grant to us a irrevocable and royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website. You warrant that your content

(i) is not illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person; (ii) is not

(a) be libellous or false;

(b) be obscene or against public policy;

(c) infringe any copyright, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of privacy or right under data protection legislation;

(e) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(f)be in breach of racial or religious hatred or discrimination legislation;

(g) be blasphemous;

 

VIII. Personal information
 

The personal information submitted by the users of this site shall be governed by the Company’s Privacy Policy.


IX. Errors, Inaccuracies and omissions
 

There may be inadvertent typographical errors, inaccuracies or omissions with respect to any product, pricing, offers, shipping charges, etc., and the Company reserve the right to correct the same at any time without prior notice (including after you have submitted your order). The Company undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


X. Prohibited uses
 

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any laws;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.


XI. Disclaimer of warranties; Limitation of liability
 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Brio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


XII. Indemnity
 

Users agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, suppliers, service providers, directors, agents, contractors, subcontractors, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or violation of any law or the rights of a third-party. Any Campaigns for fundraising should comply with RBI and other regulatory requirements and website owners shall not be responsible for any regulatory fall outs. We charge a commission of 15% for every transaction/


XIII. Termination
 

Either of the parties can terminate this Terms of Use by notifying the other party. The obligations and liabilities incurred prior to the date of termination of this terms of use shall survive notwithstanding the termination of this terms of use. However, the Company, at its discretion, is empower to terminate this terms of use without notice and shall deny the access to users of the site after termination.


XIV : Entire Understanding
 

These Terms of Use records the entire understanding between the Company and users of this site hereto with respect to the matters contained herein and there are no other terms, conditions or stipulations, oral or written, implied or expressed other than those recorded herein. These Terms of Use represents the entire agreement as to the subject matter hereof, and supersedes any prior understanding between the Parties.


XV. Waiver
 

There will be no waiver of any term, provision or condition of this Terms of Use unless such waiver is evidenced in writing and signed by the waiving Parties. No omission or delay in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or Partial exercise of any such right, power or privilege preclude any other. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by law.


XVI. Jurisdiction
 

In respect of any matter arising out of this Agreement only the Courts at Bangalore shall have jurisdiction to adjudicate the same in accordance with the laws of India.


XVII. Amendment
 

The Company reserves the right to amend, modify or replace any part of this Terms of Use by posting updates at our website and the same is binding on the users of the website.


XVIII. Severability
 

If one or more provisions of this Terms of Use are held to be unenforceable under any applicable law, then such provision(s) shall be excluded from this Terms of Use and the remaining provisions of this terms of use be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms.


XIX. Contact information
 

Questions about the Terms of Use should be sent to us at admin@bornbrio.com.