Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BrandHype’s relationship with you in relation to this website.
The term ‘BrandHype’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [BrandHype – 5th Floor, Technopolis Building
DLF Golf Course Road Sector-54 Gurgaon- 122002, India]. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without [business name]’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
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The use of any product, service or feature (the “Materials”) available through this internet website or BrandHype as an entity by any user of the website (“you” or “your”) shall be governed by the following Terms of Use:
This website is provided by Brand Hype (BrandHype), and may be used for informational purposes only. By using the site or downloading the Materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the website or download materials from the website or make payment on the website or pay to BrandHype.
This site, including all Materials present (excluding any applicable third party materials), is the property of BrandHype and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. BrandHype does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. If by mistake any content/images/copy right belongs to you or any known party, please write to us and we will remove it immediately.
BrandHype has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
LIMITED LICENSE
Subject to the terms and conditions set forth in these Terms of Use, BrandHype grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
Third Party Content
The website makes information of third parties available, including articles, reports, news reports, tools to facilitate calculation, company information and other data (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by BrandHype nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than BrandHype. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BrandHype makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that BrandHype or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BrandHype or any of its affiliates or subsidiaries.
NO WARRANTIES
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
IN NO EVENT SHALL BRANDHYPE OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE website OR ANY LINKED WEBSITE, EVEN IF BRANDHYPE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER
THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. BRANDHYPE EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THIS SITE OR ANY OF THE MATERIALS ON THIS SITE. BRANDHYPE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. BRANDHYPE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BRANDHYPE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
INDEMNITY
You agree to indemnify and hold harmless BrandHype, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms of Use.
CHANGES
BrandHype reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the website after any changes to these Terms of Use are posted will be considered acceptance of those changes. BrandHype may terminate, change, suspend or discontinue any aspect of the BrandHype website, including the availability of any features of the Site, at any time. BrandHype may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. BrandHype may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all materials.
INTERNATIONAL USERS AND CHOICE OF LAW
This Site is controlled, operated and administered by BrandHype from its offices within India. BrandHype makes no representation that materials at this site are appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the Materials in violation of any applicable export laws and regulations. If you access this Site from a location outside of India, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court in India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.
These Terms of Use constitutes the entire agreement between BrandHype and you with respect to your use of the website. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
BrandHype may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Disclaimer/copyright hyperlink at the bottom of the BrandHype web site pages, to review the then current Terms and Conditions.
By coming to this website and reading emails from BrandHype‘s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per the BrandHype’s choice/discretion.
Once you agree to work with BrandHype, you also agree to:
The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to “BrandHype, USA. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
At no event will BrandHype be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
All the applicable taxes will be levied as per actuals.
For purposes of this paragraph, “Employee” For purposes of this paragraph, “Employee” shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by BrandHype hereunder and for twenty four (24) months thereafter, (i) BrandHype agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of BrandHype to terminate his or her employment with BrandHype or to hire any Employee of BrandHype without the prior written approval of BrandHype.
Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) BrandHype may subcontract its obligations hereunder to any wholly-owned subsidiaries of BrandHype or third party service providers, provided that BrandHype remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by BrandHype. However, Client may not assign or transfer this Agreement to a direct competitor of BrandHype.
Client represents to BrandHype an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to BrandHype for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend BrandHype from any claim or suit arising from the use of such elements furnished by Client.
BrandHype retains the copyrights or ownership to the source code/design of all files produced/developed/designed by BrandHype during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.
Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.
This agreement contained in this “Proposal” constitutes the sole agreement between BrandHype and Client and its owners.
Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.
All the images and text/content etc is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. BrandHype will try its best to use the Royalty free images but once the delivery is done, it is client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to BrandHype to get it changed. Once the delivery of the work is done, BrandHype does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to BrandHype.in at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.
In an event Client terminates the project during the course of the development of the website; in this case the initial advance will not be refunded.
In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.