Welcome to the Dubl'upTM Application/Site (defined below). By using it, you are agreeing to these Terms and Conditions (defined below). Please read them carefully. Should you have any questions, contact us here: email@example.com
ACCEPTANCE OF TERMS AND CONDITIONS
Menezes Services LLP ("we" or “us” or “our”) owns and operates the website, www.thedublup.com and Dubl'upTM Application (Hereinafter referred to as part and parcel of Menezes Services L.L.P)- the mobile and touch versions and any sites we have now or in the future that reference these Terms and Conditions. By using the Site/ Application and Dubl'upTM’s services through the Site, you agree to these Terms and Conditions (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, Terms of Package and acknowledge that you will regularly visit the Terms and Conditions (defined below) to familiarize yourself with any updates. The Privacy Statement, Terms of Package together with these Terms and Conditions, documents and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms and Conditions” govern your access to and use of our websites, including any content, functionality and services offered on or through our websites, and our online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Site"), whether as a guest or a registered user. The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.
These Terms and Conditions are organized as follows:
1. About the Site
The site is a platform wherein, Dubl'upTM has tied up with a variety of merchants (“Merchants”) who wish to market and/or sell their products, services and experiences, hereinafter collectively referred to as (“Merchant Offerings”) to a larger and more widespread customers base, which is done by way of offering the same in the form of Offers (“Offer”) wherein the merchant provides additional benefit(s) on Merchant Offerings (i.e. buy one Merchant Offering and get another free, discounts etc). These offers can be availed by you on purchase of a time bound, paid package (“Packages”) with Dubl'upTM via the Application or the website.
Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible for the care, quality, and delivery of the products/services/ experiences/coupons/offers provided and Dubl'upTM assumes no liability and/or responsibility towards such Merchant Offerings.
Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in Dubl'upTM’s sole discretion, without notice.
2. Ownership of the Site
The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms and Conditions: (a) Dubl'upTM grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Site pursuant to these Terms and Conditions and to any additional terms and policies set forth by Dubl'upTM; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of Dubl'upTM.
The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. Dubl'upTM makes no representation that Service (or any products or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
4. Use of the Site
As a condition of your use of the Site, you agree that:
- You have reached the age of majority in the state or province in which you reside;
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
- Your use of the Site will at all times comply with these Terms and Conditions;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
- You will only purchase a Package, Product or participate in other available programs through the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms and Conditions.
5. Access to the Site
Dubl'upTM retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
We reserve the right at all times to discontinue or modify/revise/alter/delete any part of these Terms and Conditions in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms and Conditions page. Any changes to these Terms and Conditions will be effective upon our posting of the notice; provided that these changes will not affect the Packages purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms and Conditions regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms and Conditions page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms and Conditions as modified.
7. Merchant Offerings is the responsibility of the Merchant
Dubl'upTM takes no responsibility for the services and/or products, Merchant Offerings for which Offers (provided by Dubl'upTM by way of its package), may be redeemed. Further, Dubl'upTM makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the Offer may be redeemed, as this is the sole responsibility of the Merchant.
8. Your Account
You may only create and hold one account on the Site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information and (b) opt-out of persistent login. You understand and agree that Dubl'upTM shall have no responsibility for any incident arising out of, or related to, your account settings.
You must safeguard your user id, password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms and Conditions, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, we may forfeit any pending, current or future account credits, and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms and Conditions that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
9. Your Conduct
All interactions on the Site must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Site and constitute violations of these Terms and Conditions:
- Submitting any content to the Site that:
- o Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- o Contains personal information, except when we expressly ask you to provide such information;
- o Contains viruses or malware;
- o Offers unauthorized downloads of any copyrighted, confidential or private information;
- o Has the effect of impersonating others;
- o Contains messages purporting to speak on behalf of Dubl'upTM or provides confidential information concerning Dubl'upTM;
- o Is purposely inaccurate, commits fraud or falsifies information in connection with your Dubl'upTM account or to create multiple Dubl'upTM accounts; or
- o Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following:
- o Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- o To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
- o Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- o Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
- o Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site
- Using any of the following:
- o Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- o Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- o The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Dubl'upTM; or
- o The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dubl'upTM, including, without limitation, aggregating current or previously offered deals
- Collecting any of the following:
- o Content from the Site, including, without limitation, in connection with current or previously offered deals/offers, package and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- o Personal Information (defined in our Privacy Statement), User Content (defined in Section 14 below) or content of any consumers or Merchants
- Engaging in any of the following:
- o Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Dubl'upTM;
- o Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- o Reselling or repurposing your access to the Site or any purchases made through the Site;
- o Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any Dubl'upTM account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms and Conditions and the terms of a specific offer on the Site;
- o Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- o Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- o Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- o Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
- o Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- o Acting illegally or maliciously against the business interests or reputation of Dubl'upTM, our Merchants or our services.
10. Your Privacy
We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms and Conditions, and available on the home page.
11. Terms of Sale
12. Special Programs
By participating in special programs offered by Dubl'upTM you agree to these Terms and Conditions and the additional terms of each program
13. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site, feature and functionality are owned by Dubl'upTM, its licensors or other providers of such material. Dubl'upTM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Dubl'upTM or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Dubl'upTM owns trademarks, registered and unregistered, and “Dubl'upTM," the Dubl'upTM logos and variations thereof found on the Site are trademarks owned by Menezes Services LLP and all use of these marks inures to the benefit of Dubl'upTM. There are other marks on the Site not owned by Dubl'upTM may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Dubl'upTM unless otherwise stated, or may be the property of their respective owners. You may not use Dubl'upTM's name, logos, trademarks or brands, or trademarks or brands of others on the Site without Dubl'upTM 's express permission.
These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not: Modify copies of any materials from the Website Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No license, right, title or interest in or to the site or any content on the Site is transferred to you or be deemed to be vested upon you merely by downloading the application, and all rights with respect to the site, its software etc. are neither expressly nor impliedly granted to you and are reserved by the Company and the Company shall at all times remain the sole and exclusive owner of the same. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
14. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Dubl'upTM account to submit User Content. If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Dubl'upTM does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms and Conditions. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libellous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbours viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Dubl'upTM shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms and Conditions and any operating rules established by Dubl'upTM, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Dubl'upTM shall have the right to remove any material from Dubl'upTM controlled sites/Applications, in its sole discretion. Dubl'upTM assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Dubl'upTM has no obligation to use User Content and may not use it at all. In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Dubl'upTM makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology. Monitoring and Enforcement; Termination
We have the right to: Remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal aite. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Dubl'upTM does not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.ction, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Webs
15. Public Nature of Your User Content.
o You understand and agree that User Content is public. Any person (whether or not a user of Dubl'upTM’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Dubl'upTM is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content. o Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Dubl'upTM. Other users may post User Content that is inaccurate, misleading or deceptive. Dubl'upTM does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and do not reflect the opinion of Dubl'upTM. Dubl'upTM does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
License Grants. o Some User Content you submit to Dubl'upTM may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Dubl'upTM a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms and Conditions, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, Dubl'upTM shall have no obligation to use your Personal Information in connection with any User Content. o As between you and Dubl'upTM, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Dubl'upTM a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Dubl'upTM’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose. o Contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which they reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.
16. Infringement of Intellectual Property
Dubl'upTM reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. Dubl'upTM may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if Dubl'upTM determines that you or a third-party is a repeated infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Dubl'upTM 's attention, you must provide Dubl'upTM with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Dubl'upTM NOR ANY OF, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE Dubl'upTM NOR ANY PERSON ASSOCIATED WITH Dubl'upTM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER Dubl'upTM NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, Dubl'upTM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
18. Limitation of Liability
IN NO EVENT SHALL Dubl'upTM, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN MERCHANT OFFERINGS PURCHASED OR OBTAINED FROM A MERCHANT; (F) THESE TERMS AND CONDITIONS; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.
19. Electronic Communications
When you use the Site or send emails to Dubl'upTM, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
20. Websites of Others
The Site contains links to websites/applications maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites/applications. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites/applications. If you decide to access websites/applications maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked Site or resource.
You agree to defend, indemnify and hold harmless Dubl'upTM, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Merchant Offerings or Products purchased by you through the Site or any additional products or services purchased or obtained by you from the Merchant; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms and Conditions; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable Indian or foreign law or rights of a third-party.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Dubl'upTM from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
22. Force Majeure
Dubl'upTM shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Dubl'upTM.
You may not assign these Terms and Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Dubl'upTM. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Dubl'upTM may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.
24. Entire Agreement
The Terms and Conditions, including, without limitation, Terms of Package and Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and Dubl'upTM with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Dubl'upTM with respect to such subject matter.
25. Governing Law
Any disputes arising out of or related to or in connection with these Terms and Conditions and/or any use by you of the Site or Dubl'upTM’s services shall be governed by the laws of India and the Courts in Goa shall have exclusive jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26.1 Severability:If any provision of this Agreement is determined by a court or arbitrator to be void, invalid, illegal, excessively broad unreasonable or unenforceable in any respect, this determination shall not affect the validity of any other provision in this Agreement.
26.2 Waiver:Any failure or delay by any party to execute and/or implement any of its rights under this Agreement or under any applicable law, shall not be construed as a waiver of such rights and such Party shall be entitled to execute and/or implement these rights at any later date. No forbearance, failure, indulgence or relaxation of any Party at any time to require performance of any provision of this Agreement shall in any way affect, diminish or prejudice the right of such Party to require performance of the same provision at any future time or any other provisions at any time; Nor any waiver by any Party of any failure or breach of any provision of this Agreement shall be construed as a waiver of any continuing or succeeding breach of such provision, or a waiver or an amendment of the provision itself, or a waiver of any right under or arising out of this Agreement.
No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing by both the Parties, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein mentioned.
26.3 Survivorship:All obligations and duties hereunder which shall by their nature extend beyond the expiration or termination of this Agreement, shall survive and remain in effect beyond any expiration or termination hereof.
26.4 Notices:All communications and notices required to be given shall be in writing to the address of the relevant party as set out in page 1 or the fax number/email address of the relevant party as set out below, or such other address or fax number/email ID as notified by the relevant party to the other from time to time, and shall be delivered either (i) by e-mail or facsimile transmission; (iii) by recognized courier service, or (iv) by registered mail, postage, speed post with proof of delivery. In the absence of evidence of earlier receipt, any notice or other, the communication shall be deemed to have been duly given, if delivered by registered mail, when delivered to the address referred to hereinabove, and if sent by fax, on receipt of confirmation of successful transmission; if delivered by courier, seven (7) Business Days after mailing the courier and if sent by email, on completion of delivery of email on the email-id given.
26.5 Headings:The headings used in this Agreement are for convenience only and are not to be used in construction or interpretation
27. DISPUTE RESOLUTION
27.1 In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or out of or in connection with, or in relation to, these Terms and Conditions (or the subject matter of these Terms and Conditions) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms and Conditions, or as to rights, liabilities or duties of the Parties (hereinafter referred to as a “Dispute”), the same shall be endeavoured to be amicably settled by the Parties. In case of failure to settle the dispute within 30 [Thirty] days from the date of reference, the same shall be referred to binding arbitration at the request of any Party, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise of a Sole Arbitrator to be exclusively appointed by Dubl'upTM.
27.2 The Parties agree that the decision of the Arbitrator in relation to any such Dispute shall be final and binding on the Parties hereto.
27.3 Language and Venue: The arbitration proceedings shall be conducted in the English language. The venue/seat of the arbitration shall be in Goa.
27.4.1 The Arbitrator shall make the arbitral award within 9 (Nine) months from the date of entering upon the reference. For the purpose of this Clause, the Arbitrator shall be deemed to have entered upon a reference on the date on which the arbitrator holds the first meeting.
27.4.2 Adjournment, if any, shall be granted by the arbitrator only in exceptional cases, for bona fide reasons to be recorded in writing.
27.4.3 After an arbitral award or an order is made, a signed copy of such arbitral award or order shall be delivered to each Party within 7 (Seven) Business Days from the date of such arbitral award or order.
27.4.4 The costs of arbitration shall be fixed by the Arbitrator and the Arbitrator in the final award shall specify (a) the Party entitled to costs; (b) the Party who shall pay the costs; (c) the amount of such costs; and (d) the manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.
27.4.5 No Party or Person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to this Agreement.
28. Injunctive Relief
Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (“Your Conduct”) of the Terms and Conditions.
You are contracting with Dubl'upTM, which is an entity belonging to Menezes Services LLP. Correspondence should be directed to: firstname.lastname@example.org The provisions of these Terms and Conditions apply equally to and are for the benefit of Dubl'upTM, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.