These Terms of Use (the “Terms of Use”) govern your use of all Web sites operated by Encubay Ventures Pvt. Ltd. (Encubay), including, without limitation, the Web site currently located Encubay.com (collectively, the “Site”), provided for your informational, educational and entertainment purposes.
Please read these Terms of Use carefully.
These Terms of Use constitute a binding agreement between you and Encubay regarding your use of the Site. By using the Site, you agree to be bound by these Terms of Use and the Encubay Privacy Policy. If you do not agree to any provision of these agreements, you may not use the Site.
(1) TERMS OF USE CHANGES
Encubay may, in its sole and absolute discretion, change these Terms of Use from time to time. Encubay will post a copy of these Terms of Use as changed on the Site at https://www.encubay.com/terms-of-service. Your continued use of the Site constitutes your agreement to abide by these Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
(2) OWNERSHIP
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Encubay Content”), and the Encubay word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, “Marks”), are owned by or licensed to Encubay and are subject to copyright, trademark and other intellectual property rights under India and international laws.
(3) PRIVACY POLICY
You agree that Encubay may use any information Encubay obtains about you in accordance with the provisions of the Encubay Ventures Privacy Policy (https://encubay.com/privacy-policy.
(4) FRAUD
Encubay reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. Encubay may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. Encubay reserves the right to cancel, any order if fraud is suspected. Encubay captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, Encubay reserves the right, but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. Encubay reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
(5) LINKS TO OTHER WEB SITES
The Site may contain links to third party Web sites or Internet resources that are not owned or controlled by Encubay. Encubay's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Encubay's endorsement of such other Web site or resource or its contents. Encubay SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND Encubay DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.
(6) DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE site IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” ENCUBAY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Encubay EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site. without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, Encubay ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
(7) LIMITATION OF LIABILITY
IN NO EVENT WILL ENCUBAY SHALL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
(8) EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Encubay may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Encubay's liability shall be the minimum permitted under such applicable law
(9) INDEMNITY
You agree to indemnify, defend, and hold harmless Encubay and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns (the “Encubay Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to Encubay ; (b) your use of the Site; or (c) your violation of these Terms of Use. Encubay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Encubay in asserting any available defenses.
(10) FORCE MAJEURE
Without limiting the foregoing, under no circumstances will Encubay be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
(11) TERMINATION
Encubay may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Use. In the event of any such termination, the indemnification provisions set forth above shall survive.
(12) GENERAL PROVISIONS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maharashtra, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
The failure of Encubay to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, the Encubay Privacy Policy https://encubay.com/privacy-policy together with and any other policies, rules or guidelines posted in connection with the Site, constitute the entire and exclusive agreement between Encubay and you regarding the Site.
