The website https://www.houseofbluebeans.com/ (“ Website ”) is owned and operated by House of Blue Beans Interactive Media Private Limited (“ Blue Beans ”), a company incorporated under the Companies Act, 2013, having its registered office at
106, Victoria II, No.314/8 Patel Ramareddy Road, Domlur Layout, Bangalore 560071.

1. Introduction

 

1.1 Your use of the Website is subject to the terms of this Terms of Use (“Terms”) and the Privacy Policy.

1.2 By using the Website, you signify that you have carefully read, understood and agree to be bound by the Terms. If you disagree with any of the Terms or any part of the Agreement, you must refrain from using this Website.

1.3 The Terms may be altered, edited, amended, modified, reviewed, revised or substituted by Blue Beans at any time with or without prior notice and users are requested to read the Terms before using or accessing the Website. Please check this page regularly to ensure you are familiar with the latest version of the Agreement.

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2. Access to the Website

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2.1 Only person who have completed 18 years of age are eligible to access the Website or avail our services. Any user under the age of 18 years who intends to access the Website or avail our services should do so through his or her legal guardian in accordance with the applicable laws.

2.2 Any person using the Website or availing our services on behalf of any corporation, company, institution, association or other entity, person should be duly authorized by such corporation, company, institution, association or other entity to use and access the Website and to avail our services.

2.3 Access to certain areas of this Website is restricted. Further, Blue Beans reserves the right to refuse access to the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

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3. User content

3.1 In this Agreement “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. The user content may also include your personal information and/or sensitive personal data or information as defined under the Information Technology Act, 2000.

3.2 You grant Blue Beans a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content (other than personal information / sensitive personal information) in any existing or future media. You also grant to Blue Beans the right to sub-license these rights, and the right to bring an action for infringement of these rights.

3.3 Your user content must not be illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, lascivious, ethnically
objectionable, disparaging, menacing, threatens the unity, integrity, security and sovereignty of India or foreign relations with foreign states or contains software viruses or causes annoyance. The user content must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Blue Beans or a third party under any applicable law.

3.4 To the maximum extent permitted by applicable law, Blue Beans will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Further, Blue Beans also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

3.5 Blue Beans reserves the right to edit or remove any material submitted to this Website, or stored on Blue Beans servers, or hosted or published upon this Website.

3.6 For the purposes of this Agreement, you agree that: (a) “reasonable security practices and procedures" means the Privacy Policy of Blue Beans; and (b) accordingly, the rules of the Government of India notified under section 43A of the Information Technology Act, 2000 are hereby excluded

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4. Acceptable use

4.1 You must not use this Website in any way that causes, or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, misleading, deceptive, causes annoyance or is harmful, or in connection with any unlawful, illegal, fraudulent, misleading, deceptive or harmful purpose. 

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4.2 You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Blue Beans’ express written consent.

4.4 You must not use this Website to transmit or send unsolicited commercial communications.

4.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);

4.6 You will not impersonate another person.

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5. Disclaimer

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5.1 The User expressly agrees that the use of the Website is at the user’s sole risk. The Website are made available to the user without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of accuracy, reliability, completeness, timeliness, performance, or safety and Blue Beans does not accept any liability for any errors or omissions. 

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5.2 Nothing on this Website constitutes, or is meant to constitute, advice of any kind. It is created to provide information about Blue Beans’ products and services. If you require advice in relation to any matter on Blue Beans’ products or services please contact us at https://www.houseofbluebeans.com/contact . If you require any product or service outside the purview of Blue Beans’ products or services you should consult an appropriate person.

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5.3 The Website could also be linked to third party websites and Blue Beans assumes no responsibility for results obtained from the use of these websites. 

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5.4 Blue Beans makes no assurances that the Website is bug free and user friendly or the safety of the use of the Website. Blue Beans including its
affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by the users on account of virus attacks or bugs or other software or programmes that may be present or
embedded while using or accessing the Website.

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6. Intellectual Property Rights

6.1 All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of Blue Beans, its affiliates, associates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on the Website is the sole and exclusive property of Blue Beans, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws. All software used on this Website is the sole and exclusive property of Blue Beans, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright author’s rights and database laws.

6.2 Blue Beans hereby grants the user a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Blue Beans. This licence does not include any resale or commercial use of the contents of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any republication of materials from this Website; any use of framing techniques to enclose trademarks; use the Website for fraudulent purposes or for any unlawful activity.

6.3 The trademarks, logos and service marks displayed on the Website (" Marks ") are the sole and exclusive property of Blue Beans or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of Blue Beans, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

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6.4 The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by Blue Beans.

6.5 No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Blue Beans and on happening of any such event Blue Beans reserves the right to immediately discontinue the Website services to such user without prejudice Blue Beans’ right to initiate legal action against such user.
6.6 Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and
unlawfully exploit the content or intellectual property rights owned by Blue Beans or content suppliers or third party as the case is.

 

7. Limitations of liability

 

7.1 In no event shall Blue Beans including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners, be
liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or
damages resulting from the use or inability to use the Website whether based on warranty, contract, tort or in any other means or action.
7.2 Without prejudice, it is agreed by the user that Blue Beans including affiliates, associates and their respective owners, directors, officers, agents,
shareholders and partners shall not be held cumulatively liable for any damages or claims in excess of INR 1,000/- (Rupees One Thousand) or the
last payment made by the user; whichever is higher, subject to applicable law.

7.3 By using this Website, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must refrain from using this Website.

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8. Indemnity

8.1 You hereby agree and undertake to indemnify and keep indemnified Blue Beans including its affiliates, associates and their respective owners,
directors, officers, agents, shareholders and partners from and against any and all actions, proceedings, claims, losses, damages, costs, liabilities and
expenses (including without limitation legal expenses and any amounts paid by Blue Beans to a third party in settlement of a claim or dispute) incurred or suffered by Blue Beans arising out of any breach by you of the Term or violation of any applicable law, or arising out of any claim occurred as a result of any breach by you of any provisions of this Agreement, or infringement of any third party rights by you. This clause survives the termination of these Terms.

 

9. Breach of the Agreement

9.1 Without prejudice to Blue Beans’ other rights under this Agreement, if you breach any provision of this Agreement, Blue Beans shall be entitled to take such action as it deems appropriate, including prohibiting you from accessing the Website and / or its services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or pursuing a legal action against you.

 

10. Assignment

 

10.1 Blue Beans may transfer, assign, sub-contract or otherwise deal with its rights and/or obligations under this Agreement without notifying you or obtaining your consent.

 

 

11. Severability

11.1 The invalidity of any provision of this Agreement shall not affect the validity of any other provision of this Agreement.

 

12. Entire agreement
 

12.1 This Agreement constitutes the entire agreement between you and in relation to your use of this Website, and supersedes all previous agreements in respect of your use of this Website.

 

13. Law and jurisdiction
 

13.1 This Agreement will be governed and construed in accordance with the laws of India, and any disputes arising therefrom will be subject to the exclusive jurisdiction of the courts of Bangalore.

 

14. Contact details

14.1 In case of any queries with respect to the Agreement or any other query with respect to the Website, you can contact at
https://www.houseofbluebeans.com/contact.

 
THE TERMS ARE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011. THESE TERMS ARE AN ‘ELECTRONIC RECORD’ AS CONTEMPLATED UNDER SECTION 2(T) OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND THE RULES THEREUNDER. THESE TERMS BEING AN ELECTRONIC RECORD ARE GENERATED BY A COMPUTER
SYSTEM AND DO NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

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