Terms of Use

Last updated: 08 August 2017.

These Terms of Use ("Terms") govern your use of this website ("Website"), services and applications offered by Pick Your Favourite ("PYF"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. PYF reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.

Use of this website

PYF is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will 1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), 2) not interfere with or disrupt the use and enjoyment of the Website by other users, 3) not resell material on the Website, 4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from PYF or the applicable third party (if third party content is at issue).

User Content

"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Website. You retain ownership of all Content you submit, post, display, or otherwise make available on the Website.

By posting, storing, or transmitting any content on the Website, you hereby grant PYF a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. PYF does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. PYF is not liable for any damage or harm resulting from any posts by or interactions between users. PYF reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content PYF deems objectionable, in PYF's sole discretion.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PYF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PYF MAKES NO WARRANTY: 1) THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. 2) THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. 3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 4) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 5) REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You will release, indemnify, defend and hold harmless PYF, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to PYF. When PYF is threatened with suit or sued by a third party, Pick Your Favourite may seek written assurances from you concerning your promise to indemnify PYF; your failure to provide such assurances may be considered by PYF to be a material breach of this Agreement. PYF will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content, with counsel of PYF's choice at its expense. PYF will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend PYF against any claim, but you must receive PYF's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.

Privacy

PYF believes strongly in protecting user privacy and providing you with notice of PYF's use of data. Please refer to PYF privacy policy, incorporated by reference herein, that is posted on the Website.

Agreement to be Bound

By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

General Terms

PYF will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

PYF may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.

This Agreement comprises the entire agreement between you and PYF and supersedes any prior agreements pertaining to the subject matter contained herein.

The failure of PYF to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

This Website originates from the Mumbai City, Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor PYF will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

PYF reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and PYF may, in its sole discretion and without advance notice to you. If your access to the Website is terminated, PYF reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until PYF chooses, in its sole discretion and without advance to you, to terminate it.

PYF makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

You may not assign your rights and obligations under this Agreement to anyone. PYF may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you have questions about these Terms, please contact us at feedback@pickyourfavourite.com