Terms and conditions
Terms Of Use
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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of hybridnc.com website.
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The use of any product, service or feature (the “Materials”) available through hybridnc.com, (hereinafter referred to as “Website”) is owned by M/s. Digimark Solutions, a company incorporated under the Companies Act, 1956 with its registered office at H. No. 2048, Yashoda, Sharada Nagar, Bordem, Bicholim, Goa, India (hereinafter referred to as “hybridnc”).
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For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who accesses the service or uses the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. hybridnc allows the User to surf the Website. The term "We", "Us", "Our" shall mean hybridnc.
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Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Digimark Solution and these terms and conditions including the policies constitute Your binding obligations, with hybridnc.
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When You use any Materials provided by Us through the Website or mobile application, including but not limited to, (e.g. Product Reviews, Seller/Service Provider Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
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ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE or Mobile Application INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by hybridnc Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time).
User Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. Hybridnc reserves the right to terminate your membership and or refuse to provide you with access to the Website if it is brought to hybridnc’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. The Website is a platform that Users utilize to meet and interact with one another for their transactions which promotes business between suppliers and buyers. Hybridnc is not and cannot be a party to or control in any manner any transaction between the Users.
Hybridnc.com is a platform
The Web Site acts as a platform for User(s) to display product/services and interact with other User(s) for deciding and locating the product/services. Hybridnc.com are not parties to any negotiations that take place between the User(s) of the Web Site/Mobile Application and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the platform. Hybridnc.com does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered on the website/platform or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Hybridnc and any other party.
USER(S) AGREEMENT
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the
applicable law from time to time. Hybridnc shall have no liability to the User(s) or anyone else for
any content, information or any other material transmitted over Hybridncplatform(s), including any
fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk
of damage from such material rests entirely with each User(s). The user shall do its own due
diligence before entering into any transaction with other users on the website. Hybridnc at it’s sole
discretion reserves the right to refuse Hybridnc’s Services to anyone at any time. Hybridnc’s Services
are not available and may not be availed or used by User(s) whose Accounts have been temporarily
or indefinitely suspended by Hybridnc.
This Agreement applies to any person who accesses or uses the Web Site or uses hybridnc Materials
for any purpose. Hybridnc also applies to any legal entity which may be represented by any person
who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web
Site andor Hybridnc Services solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Hybridnc, collectively with any
additional terms and conditions that may be applicable in respect of any specific service used or
accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any
provision of this Agreement and any additional terms and conditions applicable in respect of any
service offered on the Web Site, such additional terms and conditions applicable in respect of that
service shall prevail over this Agreement. This Agreement shall govern the User’s usage of Hybridnc
Services and, the User acknowledges that this Agreement shall supersede all or any term,
agreement, contract executed between Hybridnc and the User.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the
following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information
which:
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is misleading in any way;
(d) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of “junk Message”, “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) Contains video, photographs, or images of another person (with a minor or an adult).
(n) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, Reviews, blogs, communities, account information, bulletins, Join request, or other areas of the Website/Mobile Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
(q) Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(r) Harm minors in any way;
(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(t) Violates any law for the time being in force;
(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Impersonate another person;
(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) Shall not be false, inaccurate or misleading;
(z) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of hybridnc or its associate companies or sellers on platform or otherwise tarnish or dilute any hybridnc’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or hybridnc’s systems or networks, or any systems or networks connected to hybridnc.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of hybridnc and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.
10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use. We reserve the right, but have no obligation, to monitor the materials posted on the Website. hybridnc shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect hybridnc views. In no event shall hybridnc assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
11. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
12. Hybridnc shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Third Party Content
The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate users, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by hybridnc. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. 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 hybridnc or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold hybridnc, 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 hybridnc. 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 any other destructive elements. hybridnc makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that hybridnc or this Website 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 hybridnc or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of hybridnc and hybridnc is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. hybridnc is not responsible for webcasting or any other form of transmission received from any linked site. hybridnc is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by hybridnc in any manner of the website.
Posting Contents on Website
Some content displayed on the Web Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that Hybridnc in such case is not the author of the content and that neither Digimark Solutions nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. User(s) further understand and agree Hybridnc is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. Digimark Solutions shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a) Provide Hybridnc with true, accurate, current and complete information to be displayed on the website;
(b) Maintain and promptly amend all information provided on the Web Site to keep it true, accurate,
current and complete.
User(s) hereby grant Digimark Solutions an irrevocable, perpetual, worldwide and royalty-free, sub- licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Hybridnc Content and/or DigimarkSolutions’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Web Site agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to Hybridnc for display on the Web Site or transmit or sought to be transmitted through DigimarkSolutions’s Services any content, material or information that does not and shall at no point:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Belong to another person and to which User(s) do not have any right to;
- Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
- Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti- discrimination or false advertising);
- Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment;
- Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
- Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with Hybridnc or DigimarkSolutions's services;
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for Digimark Solutions or its affiliates.
Hybrindnc reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in DigimarkSolutions's reasonable belief is unlawful or could subject Hybridnc to liability or in violation of the Agreement or is otherwise found inappropriate in DigimarkSolutions's opinion. Digimark Solutions reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, Hybridnc reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by Hybridnc at its sole discretion. User(s) agree that Digimark Solutions shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Hybridnc takes any of the actions mentioned in this provision.
User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site. Hybridnc does not have any role in developing the content displayed on the Web Site. Hybridnc has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
PROFANITY POLICY
hybridnc prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.This policy extends to your Submissions, Postings and all other areas of the website that another User may view.
Please report any violations of this policy for review.
If a review/feedback comment; or any communication made between Users on the Website; or email communication between Users contain profanity, please submit a request for action/removal.
Limitation of Liability/Disclaimer
The features and services on the Web Site are provided on an " as is " and " as available " basis, and hybridnc hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. hybridnc makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of Product/services on the Web Site which in no manner is endorsed by hybridnc. Hybridnc has no association of whatsoever nature with the publisher and/or the published contents. Moreover, hybridnc does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment. Hybridnc does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and hybridnc makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage by its use or to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall hybridnc be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, force majeure, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save hybridnc, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save Digimark Solutions, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to hybridnc.
User(s) hereby further agree to indemnify and save Digimark Solutions, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that hybridnc is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). hybridnc reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with hybridnc in asserting any available defences.
Hybridnc shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the Web Site;
- Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
- Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the web site; or
- Any matters relating to Premium Services however arising, including negligence.
Governing Law and Dispute Resolutions
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. Hybridnc considers itself and intends itself to be subject to the jurisdiction of the Courts of Bicholim, Goa, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Bicholim, Goa, India.
CONTACT US
Please contact us through the Contact us page on the hybridnc website for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.