These terms of use constitute a legally binding agreement made between you, personally or on behalf of an entity (you) and Brewer’s Cart (Company, We, Us, or Our), concerning your access to and use of the https://brewerscart.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the ‘Site’). We are registered in India and have our registered office at address. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and must discontinue use immediately.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the ‘Last Updated’ date on our page. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the site after the date such revised Terms Of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable.

 

These terms of use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

The Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such

right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at

any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any

provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these

Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the

electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

 

 

We reserve the right to change, modify, update or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. 

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

 

 

The Site is intended for users above or at least 18 years old. Persons below the age of 18 are not advised to use or register.

 

As a user of the Site, you agree not to:

– Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords

– Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site/ Content contained therein

– Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

– Use any information obtained from the Site to harass, abuse, or harm another person

– Make improper use of our Support services or submit false reports of abuse or misconduct

– Engage in unauthorized framing of or linking to the Site

– Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including spamming that interferes with the use, features, functions, operation, or maintenance of the Site

– Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or maintenance of the Site

– Attempt to impersonate another user or person or use the username of another user

– Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, claim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

 

 

 

We will maintain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

 

By posting your contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

 

We do not assert any ownership to your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You expressly agree to refrain from any legal action against us regarding your Contributions. 

 

In our sole and absolute discretion, we have the right to edit, redact or otherwise change, or delete any contributions if needed for any reason. We have no obligation to monitor your contributions. 

 

 

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics on the Site (collectively the ‘Content’) and the trademarks, service marks, and logos contained  therein (the ‘Marks’) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (‘Submissions’) provided by you to us are non-confidential to us and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such submissions, and warrant that all submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions. 

 

 

 

We respect the intellectual property rights of others. If you believe that any material available on or through our Site infringes upon any copyright you own or control, please immediately notify us at email id (a ‘Notification’). A copy of your notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are unsure that the material located on or linked to by the Site infringes your copyright, you should consider first contacting the attorney.

 

 

 

We accept the following forms of payment:

– Upi

– Visa

– MasterCard

  – net banking 

 

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions successfully and contact you as needed. Sales Tax will be added to the price of purchases as deemed required by us. We may charge prices at any time. All Payments shall be in Rupees.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, and per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

 

 

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statuses, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

 

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that these will be accurate, complete, reliable, current, or free of other errors; and on your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

 

 

These terms shall be governed by and defined following the laws of India. Brewer’s Cart and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

 

 

When a dispute has been raised, Brewer’s Cart may provide both the parties (buyer and seller), access to each other’s Display Names, contact details including email addresses, and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Brewer’s Cart for settling the dispute.

 

Brewer’s Cart will not facilitate a conference call, we act as the bridge between customer and seller.

 

We recommend, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 Days before initiating any formal jurisdiction. Such informal negotiations commence upon written notice from One Party to the other Party.

 

 

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

–  your Contributions

– use of the Site

– breach of these Terms of Use

– any breach of your representations and warranties outlined in Terms of Use

– your violation of the rights of a third party, including but not limited to intellectual property rights

– any overt harmful act toward any other user of the Site with whom you connected via the Site

 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, Indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, Loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Us during the six (6) months period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws, apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.