TERMS, CONDITIONS AND POLICIES
This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of www.nomadbrewco.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Ironsky Ventures Private Limited C2/68 Sushant Lok-1 Gurgaon Haryana 122002, hereinafter referred to as "the Company" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns. For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression You shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns. As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and /or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement: The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
Important Disclaimers: The following disclaimers by the Company are the key to determine any relationship between You and the Company for Your use of the Website and for Company providing any services on the Website:
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Company and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Company, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website.
USE OF THE WEBSITE
You understand and agree that Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third-party user generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Company has no control over the third-party user generated contents.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase of items.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Company and You shall have no authority to bind Company in any manner whatsoever nor shall Company have any authority to bind you in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This Agreement sets forth the entire understanding and agreement between You and Company with respect to the subject matter hereof. In Company's sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Company shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be New Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, nomadbrewco.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to nomadbrewco.com without obtaining authorization from nomadbrewco.com or firstname.lastname@example.org.