Terms and Condition
General Terms and Conditions for Use of the Website
Website last updated on -
Contents
1. Introduction
2. Age
3. Information on the Website
4. Trade Marks
5. External Links
6. Public forums and User Submissions
7. Specific Use
8. Warranties
9. Disclaimer of Liability
10. Use of the Website
11. General
This website is owned and managed by Vanilla Sky Breakthroughs Private Ltd. (
“Vanilla Sky”). This website (vanillasky.in) shall be known and referred to as the
“Website”. All information and content provided on the Website shall be the sole copyright of Vanilla Sky and all rights for distribution are reserved with Vanilla Sky. Any person using this Website (the
“User”) shall be bound by the terms and conditions herein. All information provided on this Website is subject to the terms and conditions set out in these Website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this Website.
Age
The User represents and warrants to Vanilla Sky that the User is 18 (eighteen) years of age and is legally capable of contracting in India.
Information on the Website
every effort is made to update the information contained on this website, neither Vanilla Sky nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (
“Information”) and shall not be bound in any manner by any Information contained on the Website. Vanilla Sky reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website, including, but not limited to, the availability of any channels, live chat services, video conferencing services . No Information shall be construed as advice and Information offered on the Website is only for information purposes. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website it may inform Vanilla Sky of the same. Vanilla Sky may take into consideration such input by a User but is under no obligation to act on such input.
Intellectual Property Rights
The trade marks, names, logos and service marks, domain names, inventions and/or other intellectual property, including,but not limited to, the Information (
“IPR”) displayed on this Website is the IPR of Vanilla Sky, or as the case may be, as stated on the Website, of other third parties who have provided a license to Vanilla Sky for use. Nothing contained on this Website should be construed as granting any license or right to use any IPR without the prior written permission of Vanilla Sky or the relevant third party, as the case may be. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of Vanilla Sky unless it is stated as owned by a third party and nothing contained on this Website should be construed as granting any license or right to use any such material without the prior written permission of Vanilla Sky or the relevant third party as the case may be.
Vanilla Sky may collect information and material posted and/or disclosed on the Website by the User (whether such information is posted/disclosed in a closed chat, as a blog or otherwise) for the maintenance of records and for the development of its own businesses. The User hereby acknowledges that in so gathering and using such information Vanilla Sky will not be violating the IPR of the User.
The User shall indemnify and keep indemnified Vanilla Sky against any losses or damages that Vanilla Sky suffers as a result of use of the IPR of a third party by the User without obtaining an appropriate license or permission from the relevant third party.
External Links
External links may be provided for the convenience of the User, but they are beyond the control of Vanilla Sky and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at the User’s risk. When visiting external links the User must refer to the external websites terms and conditions of use. No hypertext links shall be created from any website controlled by the User or otherwise to this Website without the express prior written permission of Vanilla Sky. The User is to contact Vanilla Sky if it would like to link to this Website or would like to request a link to its website.
Public Forums and User Submissions
Vanilla Sky shall not be responsible for any material on its Website that is submitted to the Website by the User (which includes bulletin boards, hosted pages, chat rooms, or any other public area found on the Website). It is hereby clearly expressed that all such material (submitted by any User) is not endorsed, reviewed or approved by Vanilla Sky. Vanilla Sky reserves the right to remove any material submitted or posted by the User on the Website, without notice to the User, if it becomes aware and determines, in its sole and absolute discretion that such material is:
defamatory, obscene, indecent or unlawful;
contains or is likely to contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Vanilla Sky’s and/or a third party's computer system and/or network;
violates any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of Vanilla Sky or any other third party; or
Further, Vanilla Sky reserves the right to block/blacklist the User if it determines, in its absolute and sole discretion that the User is or is likely to do any of the following:
publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Vanilla Sky’s and/or a third party's computer system and/or network;
violate any copyright, trade mark, other applicable Indian or international laws or intellectual property rights of Vanilla Sky or any other third party; or
It is clarified that this list is not exhaustive and that Vanilla Sky reserves the right to block/blacklist the User if it comes to the attention of Vanilla Sky that the User is not using the Website for bona fide purposes or that the User is not over the age of 18 (eighteen) years.
Specific Use
The User further agrees not to use the Website to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and he/she hereby indemnifies Vanilla Sky against any loss, liability, damage or expense of whatever nature which Vanilla Sky or any third party may suffer which is caused by or attributable to, whether directly or indirectly, to the User’s use of the website to send or post any such message or material.
Warranties
Vanilla Sky makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the Information contained on the Website, information regarding the services provided by it, the availability of services on the Website or the availability of particular channels on the Website.
Disclaimer of Liability
Vanilla Sky shall not be responsible for, and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the User or any third party, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the Website, any Information contained on the Website, the User’s personal information or material and information transmitted over the Website. In particular, neither Vanilla Sky nor any third party or data or content provider shall be liable in any way to the User or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any inaccuracies, errors in, or omission of any Information provided or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby.
Use of the Website
Vanilla Sky does not make any warranty or representation that Information on the Website is appropriate for use in any jurisdiction (other than India). By accessing the Website, the User warrants and represents to Vanilla Sky that the User is legally entitled to do so and to make use of Information made available via the Website.
The User understands and acknowledges that the information and material posted or disclosed by him/her on the Website is freely accessible by other Users of the Website as well as by Vanilla Sky and that Vanilla Sky shall not be liable in any way for any damage or loss caused to the User in the event that the User discloses or posts any personal information and such personal information is misused by another User of the Website or any other person.
General
Entire Agreement.
These terms and conditions, along with the privacy policy, constitute a record of the agreement between the User and Vanilla Sky in relation to the User’s use of the Website. Unless otherwise specifically stated these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and Vanilla Sky in respect of the User’s use of the Website. These terms and conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed of by a User.
Alteration
Vanilla Sky may at any time modify any relevant terms and conditions, policies or notices. The User acknowledges that by visiting the Website from time to time, it shall become bound to the current version of the relevant terms and conditions (the
"current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. The User shall be responsible for reviewing the then current version each time it visits the website.
Conflict.
Where any conflict or contradiction appears between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or channel of the Website shall prevail in respect of the User’s use of the relevant section or channel of the Website.
Waiver.
No indulgence or extension of time granted by Vanilla Sky shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Vanilla Sky in terms hereof, save in the event or to the extent that Vanilla Sky has signed a written document expressly waiving or limiting such rights.
Cession.
Vanilla Sky shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Access to website
The Website may not be accessible at certain times, or its access may be interrupted and Vanilla Sky will not be responsible for any delays, failures, errors or omissions or loss of transmitted information as a result of such interruptions or improper accessibility, nor will Vanilla Sky be responsible for the transmission of viruses or other contaminating or destructive programs through its website, and use of the website is at the User’s risk.
Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force
and effect.
Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law. The User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Comments or Questions.
If the User has any questions, comments or concerns arising from the Website, the privacy policy or any other relevant terms and conditions, policies and notices or desires to provide input on the Information, the Website, material provided by another User or the use of the Website by another User, the User may contact Vanilla Sky at [
info@vanillasky.in].
Complaints
If a User wishes to lodge any complaints for misuse or abuse of the facilities available on the Website by another User, such User may contact Vanilla Sky at [
info@vanillasky.in].