These Terms shall govern the use of and access to the website IbexLifestyle.com (‘Website’) and/or mobile application accessible through desktops, mobile phones, smartphones, and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation (website and application hereinafter collectively referred to as the ‘Platform’). Ibex is the owner of the Platform that enables Users to browse or use the Services (defined below) offered on the Platform by Ibex from time to time.
By clicking ‘Sign Up’ or the 'I Accept' tab at the time of registration, or by entering into an agreement with Ibex or through the continued use or accessing the Platform, you accept the Terms and consent your approval to the provisions of the Terms as laid down hereinbelow. In addition, when using particular services or materials on the Platform, you shall also be subject to any posted rules applicable to use of such services or materials that may contain terms and conditions in addition to those in these Terms. All such additional guidelines or rules are hereby incorporated by reference into these Terms. If you do not agree and do not wish to be bound by the Terms, you have no right to access or use the Platform.
We reserve the right to modify, discontinue, or terminate the Platform or Services offered thereunder, or to change these Terms at any time. You acknowledge and agree that it is your responsibility to review the Website and these Terms from time to time and to familiarize yourself with any modifications. If we modify these Terms, we will post the modification on the Website. We will also update the ‘Last Updated Date’ at the bottom of these Terms. Your continued access to or use of the Website after we have posted a modification will constitute acknowledgement of the modified terms and agreement to abide by and be bound by the modified terms. If the modified terms are not acceptable to you, you may cease using the Website and the Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to You.
As used in these Terms, the following terms shall have the meaning set forth below:
(i) ‘Confidential Information’ shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at the time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to, content on the Website (Ibex content, User content), all types of data (information, ideas, specifications, procedures, technical processes and formulas, source code, product designs, financial information, business plans, projections, marketing data), and other similar information provided by a party, documentation, and the existence and contents of this Agreement, whether transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-hows, concepts, drawings, flow charts, diagrams, and other intellectual property relating to the subject matter of this Agreement.
(ii) ‘Effective Date’ means the Date on which You accept these Terms by using the Website, therein entering into an agreement with the Company.
(iii) ‘Products’ are those products currently uploaded by Ibex on the Platform that the Visitors can browse and Registered Users can purchase through their online store and include products which may be introduced from time to time.
(iv) ‘User’ means any person who will sign up at the time of purchasing the Products from the online store.
(v) ‘User Information’ means information that includes the name, legal status, phone number and address of the Registered User; billing and shipping details; the details of the Products they have selected; mode of payment selected; etc.
(vi) ‘Visitor’ is a person who is browsing the Products available on the Platform and has not yet registered on the Platform to purchase the Products.
(vii) All other capitalized terms shall have the meaning ascribed to them in Other Terms.
2. USING THE SERVICES/SIGNING UP AS A USER
(i) As a Visitor you will be able to browse, view some of the Products, and use some of the Services available on the Website, add products to cart. While checking out, however, it is mandatory for Visitors to sign up and to enter their email id or mobile number, billing address, and payment details in order to complete the transaction.
(ii) To use the Services as a Visitor and User you represent and warrant that:
a) if you are an individual, then you are of legal age and competent to contract as per applicable laws in and outside India (except Europe) and have the authority to enter into this Agreement. Ibex reserves the right to refuse to provide You with access to the Services if it is discovered that You are under the legal age or any information provided by You is inaccurate. It shall be Your sole responsibility to ensure that You meet the required qualifications
b) if you are using the Services on behalf of an entity, then such entity is a legal entity authorized to do business in India/abroad (except Europe) and you have an authority to enter into this Agreement which shall be binding on the legal entity
c) the information provided by you to use the Services, as and when required, (including, but not limited to e-mail address, mobile number, billing address) is accurate, authentic, and complete and that you will keep the information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in an immediate inability to use the Website and/or Application
d) all the information provided in connection with your billing information such as name, billing address and credit or debit card information is correct, verified and true
(iii) You will not use a Username that is the name of another person or entity with the intent to impersonate that person or entity; (a) use a Username that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
(iv) Ibex reserves the right to suspend or terminate your access to the Website and/or Services if any information provided by you proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your personal/financial details. You agree that you will not disclose your financial details to any third party and that you will take sole responsibility for any activities or actions on the Website, whether or not you have authorized such activities or actions. You will immediately notify Ibex of any unauthorized use of personal/financial details.
(v) You are responsible for the correctness of your data and shall only upload information that does not infringe upon the rights of third parties.
(vi) You represent that you shall not use the Website in violation of any applicable laws or any other code of conduct.
(vii) At this stage, Ibex does not charge any fees for browsing on the Website to Users. Ibex may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event, Ibex reserves the right to introduce tariffs for existing or future services, as the case may be. Changes to the tariff policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website and upon your continued use of the Website.
3. SERVICES OFFERED ON THE WEBSITE AND/OR APPLICATION
Services available on the Website/Application include some of the following:
(i) Signing Up: As mentioned above, Users may use the Website/Application to sign up for purchasing Products available on the Platform.
(ii) Browse Furniture: You will be able to browse and have access to hundreds of models of outdoor furniture uploaded on the Website which you could select by clicking on the ‘Catalog’ tab which lists all categories of outdoor furniture available such as varieties of tables, chairs, pot holders, etc., along with their specifics and particulars.
(iii) Purchasing the furniture/Add to Cart: Once you have selected the furniture that you wish to purchase click on ‘Add to cart’ or ‘Buy it now’ and it will take you to the shopping cart which will clearly show the furniture that has been selected. The details such as the unit price of the selected, products being purchased, discount, if any, and the total amount payable shall be shown. It will also show you a breakup of the total amount such as the price of the furniture and the taxes applicable. You will also have the option to enter the discount code, if any. Thereafter, you could proceed to checkout where you will be required to provide the complete billing and shipping address where the furniture has to be delivered including the pin code, your contact details such as mobile number or email address. Then you would be required to make an online payment via payment gateway. We do not accept payment via NEFT or Cash, and we do not have a cash on delivery option (COD). We strive for a high degree of product quality and verify the dimensions of all Products on our Website. However, in some cases, the colour shades may be approximate due to differences in the visual rendering of images on different devices.
(iv) Products: Certain Products may be available exclusively online through the Platform. These Products may be limited in stock and are subject to return or exchange only according to our Return Policy. We have made every effort to display, as accurately as possible, the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
4. THE MANNER TO USE THE WEBSITE/PLATFORM
Your use of the Website shall be subject to the following restrictions:
(i) Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872, and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website or Platform. If you are a minor, i.e. under the age of 18 years, you shall not access any of the services on the Website. As a minor, if you wish to purchase an item on the Website, such purchase may be made by your legal guardian or parents as Users of the Website. Ibex reserves the right to terminate your use and refuse to provide you with access to the Website if it is brought to our notice, or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract".
(ii) You will not delete or modify any content on the Platform, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, etc.
(iii) You will not decompile, reverse engineer, or disassemble the Platform, or remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use the Platform in any manner that may be harmful to the operation of the Platform or its content.
(iv) You will not use the Platform and/or services in any way that is unlawful, or harms Ibex, or any other person or entity.
(v) You will not engage in any form of antisocial, disruptive, or destructive acts, including ‘flaming’, ‘spamming’, ‘flooding’, ‘trolling’, ‘phishing’, and ‘griefing’ as those terms are commonly understood and used on the Internet
(vi) You will not host, display, upload, modify, publish, transmit, update, or share any information that belongs to another person and to which You do 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; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 any other nation.
(vii) You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
(viii) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, passwords, ‘mining’, or any other illegitimate means.
(ix) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other user on the Platform, or any other user, including any account on the Platform not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform in any way where the purpose is to reveal any information, including but not limited to, personal identification or information, other than your own information, as provided for by the Platform.
(x) You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or our trademarks/brand names, or domain name or otherwise engage in any conduct or action that might tarnish our image or reputation, or the image or reputation of other users or third parties on the Platform. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks.
(xi) You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform. You shall not attempt to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign, or otherwise transfer any intellectual property in the Platform.
5. GRANT OF RIGHTS
(i) Website: Website is owned and operated by Ibex. Ibex owns all rights, titles, and interests, including all intellectual property rights such as design, copyright, trademarks, trade secrets, patents, and other proprietary rights in and to the Website, software therein, the present or future modifications/upgradations thereof, and standard enhancements thereto.
(ii) Ibex Content: All images and specifications of Products uploaded by Ibex on the Website i.e. Ibex Content is the property of Ibex or has been given to Ibex under license by the content owners/suppliers and is protected by international intellectual property laws. The purchase of any furniture or other Products does not provide the User with any design interest or other intellectual property right in the furniture or Product. All Ibex Content that is not our property is used with permission under license. The arrangement and compilation of the Ibex Content is our exclusive property and is protected by international intellectual property laws. All names, logos, product, service names, designs, and slogans on the Website are the trademarks of their respective owners.
(iii) Limited License to use the Website and Ibex Content: We grant you a non-exclusive, personal, non-transferable, revocable, and limited right to have access to and make personal use of the Website and the Services offered therein only for the duration that you are a User of the Website. You are, however, not permitted to reproduce, duplicate, copy, sell, or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, or other Ibex Content for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, translate, or disassemble the software embodied in the Website. These Terms do not and shall not transfer any ownership or proprietary interest in the Website to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties.
(iv) User Content: User Content may be defined to mean any information that you upload, post, or otherwise transmit to this Website including but not limited to your name, address, email address etc.
(v) Guidelines for User Content: Users who wish to upload any User Content must adhere to the following guidelines. Ibex reserves the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
a) Ownership of User Content: Users must honour the intellectual property rights of others. Users shall not upload, post or distribute any User Content in which they do not own copyright/such other rights. In addition, Users shall not upload, post, or distribute any User Content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name, or trade dress of any other person or entity, (iii) infringes any third party's rights of privacy or publicity or (iv) any third party intellectual property rights
b) Commercial activity: Users shall not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations
6. CANCEL, RETURN AND EXCHANGE POLICY
Orders made through the Website can be cancelled within 12 hours of the order being placed.
Ibex shall authorise returns or exchange only if a request for the same is made within 7 days from the date of delivery of the Product provided that the Product shall be unused and returned in its original packaging. Ibex shall refund the money only in the event the Product was found damaged or has a manufacturing fault at the time of delivery. Ibex shall not be liable to exchange the Product or refund the money if Ibex is informed after the completion of 7 days from the time of delivery. The amount refunded shall not include shipping charges.
Once a returned item is received and inspected, an email of acknowledgement of receipt and status of approval will be sent. If the exchange is approved, we will process the request, and the new Product will be sent within 7 working days.
For exchange/return requests, send us an email at email@example.com and your item to:
No.111/1, Somnahalli Village,
Bangalore South Taluk
Bangalore — 560 082
In case of returns, the buyer will bear all shipping costs and this cost is non-refundable.
The delivery time for an exchanged product will vary depending on the address of delivery.
Certain Products or services may be available exclusively online through the Website. These Products may be limited in stock and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours, sizes and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour or size will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this Website is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8. 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 will 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 details, please review our Returns Policy.
9. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake 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.
10. DISCLAIMER AND EXCLUSION OF WARRANTIES
(i) If you choose to use the Website and Services, you do so at your sole risk. The Website and Services connected therewith, and the information contained therein are provided on an ‘as is’ and ‘as available’ basis, without any warranty of any kind, expressed or implied, including but not limited, to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly understand and agree that Your use of the Website and the Services and purchase of Products is at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Website or the Services offered therein or the information on the Website, including inaccurate or incomplete information. It is expressly agreed that in no event shall Ibex be liable for any special, indirect, consequential, remote, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
(ii) While it is our objective to make the Website accessible at all times, the Website or Services may be unavailable from time to time for any reason including, but not limited to, routine maintenance, upgrade or any other reason. In addition, various portions of the Platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside our control, access to Website or Services may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, Ibex shall not be liable in any way for any loss of business or any damages arising from any such interruption, suspension, or termination of Website or Services.
(iii) Ibex makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information or content obtained through the Website or Services.
(iv) We are not responsible for any malfunction technical or otherwise of any network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on our Website, including injury or damage to your or to any other person's computer, hardware, software or mobile phone as a result from using or downloading materials in connection with Website and/or Application.
(v) We expressly disclaim any liability for the consequences to you arising because of your use of the Website or Services offered therein. We expressly disclaim any liability for any incorrect information provided to you on the Website and for the quality of products or Services you receive from the Website.
11. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IBEX IS NOT LIABLE FOR ANY INDIRECT, REMOTE, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF IBEX HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION TO DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE PLATFORM, (B) THE SERVICES OR PRODUCTS PURCHASED VIA THE PLATFORM, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA (D) MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (E) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE PLATFORM. IN ANY EVENT, OUR OVERALL AND AGGREGATE LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED INR 5,000 OR PRICE OF THE PRODUCT PURCHASED, WHICHEVER IS LESS.
You agree to defend, hold harmless and indemnify Ibex and its licensors and affiliates from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the Platform, (b) your breach of any provision of these Terms or applicable laws, or (c) any fraud, negligence, willful misconduct or intentional wrongdoing on your part.
13. THIRD-PARTY LINKS
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Ibex is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ibex of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for, and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
14. PERSONAL INFORMATION AND DATA SECURITY
15. ACCOUNT SUSPENSION AND DEACTIVATION
(i) Suspensions of User Account: There may be circumstances wherein Ibex may be required to suspend the User Account which will prevent you from accessing the Platform. Ibex will send you an email intimation regarding such account suspension. In such events, Ibex may also be required to supply relevant details of the User and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. These actions will be taken in the event Ibex has any reason to believe that your User account may be used for, including but not limited to, the following activities:
Fraud or attempt to defraud
Involvement in collusion, rigging, or cheating of any kind
Ibex has reason to believe you are less than 18 years old
You are in a jurisdiction, wherein your use of the Platform is illegal
You are trying to access Platform from any other territory from where Ibex does not accept users
You are violating these Terms in any manner
You are violating applicable laws in relation to your use of the Platform.
(ii) If investigations are ongoing and unresolved issues remain, then Ibex will continue to suspend the account.
(iii) Upon suspension of your account, regardless of the reason(s), your right to use the Platform immediately ceases. Ibex shall not be liable to you or any third party for any claims or damages arising out of any suspension of your account or any other actions taken in connection with such account suspension. In the event of suspension of your Account, you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Ibex system. Upon Suspension, the following shall occur: all licenses granted to you hereunder will immediately terminate, and you shall promptly destroy all copies of any Confidential Information of Ibex and other content in your possession or control. You further acknowledge and agree that Ibex shall not be liable to you or any third party for any suspension of your access to the Platform. Upon suspension, Ibex retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Ibex hereunder shall remain in effect for the foregoing purpose.
(iv) Deactivation of the User account by you: You may deactivate your account at any time by writing to Ibex at firstname.lastname@example.org.
16. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Bangalore, subject to clause 16 below, shall have jurisdiction.
(i) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website, Application or Services offered therein or the information to which it gives access, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Bangalore, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
(ii) The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect to any dispute, pending resolution of such dispute in accordance with the Agreement.
18. TRADEMARK/COPYRIGHT/DESIGN INFRINGEMENT TAKE DOWN PROCEDURE
Ibex has high regard for intellectual property and expects the same level of standard to be employed by the Users. Ibex may, in appropriate circumstances and at its discretion, prohibit access to Website, or Services offered therein to Users who infringe upon the intellectual property rights of others. If you believe that your work has been copied, uploaded, and posted on Website in a way that constitutes design infringement and/or copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i)Identification of the design/copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled from the Platform, and information reasonably sufficient to permit Ibex to locate the material
(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or design and/or trademark owner, its agent, or the law
(iv) Information reasonably sufficient to permit Ibex to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed
(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
19. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and Rules made thereunder, the name and contact details of the Grievance Officer is as follows:
Name: Ibex Engineering
Email Id: firstname.lastname@example.org
20. MISCELLANEOUS PROVISIONS
(i) Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal
(ii) Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed through a prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above
(iii) Waiver: No term of the Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach
(iv) Force Majeure: Ibex shall not be liable for any downtime or delay or unavailability of the Website and/or Application or Services caused by circumstances beyond Ibex’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks
(v) Assignment: You may not assign or sub-license, without the prior written consent of Ibex, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity
Last updated 30/07/2019