terms of use agreement 

 

LAST REVISION: 01 April, 2021

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, OR ORDERING SERVICES AND PRODUCTS FROM THIS WEBSITE OR BY ANY OTHER MEANS, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

This Terms of Use Agreement (the "Agreement") governs the use of this website, Grapdes.com (the "Website"), Grapdes Media Services and/or Grapdes Partners Private Limited (jointly and severally referred to as as "Grapdes") offer of services and products for purchase on this Website, or the purchase of services and products available on this Website by the User (“You” or "you" or "your"), or the use of the creatives and other images ("Images") purchased by you from Grapdes. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Grapdes 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. Grapdes will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website or the Images following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Grapdes encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website and the Images. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Grapdes for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website and/or the Images. If you would like to print this Agreement, please click the print button on your browser toolbar.

  

 

I. PRODUCTS

 

a) Terms of Offer: This Website offers for sale certain services and products (the "Services and Products"). By placing an order with us for Services and Products through this Website or by any other means, you agree to the terms set forth in this Agreement.

 

b) Customer Solicitation: Unless you notify our third-party call-centre representatives or Grapdes sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Grapdes and its designated in-house or third-party call team(s).

 

c) Opt-Out Procedure: We provide an easy way to opt out of from future solicitations. You may choose to opt out, via sending your email address to sales@grapdes.com, with the subject line: “Opt Out of Solicitations”.

 

d) Proprietary Rights: Grapdes has proprietary rights and trade secrets in the Services and Products. As mentioned in the Copyright declaration incorporated herein on the website, you may not copy, reproduce, resell or redistribute any Service or Product produced and/or distributed by Grapdes. Grapdes also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and any other information.

 

e) Applicable Taxes: If you purchase any Services or Products from Grapdes, you will be solely responsible for paying any applicable taxes as decided by the appropriate tax authorities from time to time.

 

II. WEBSITE

 

a) Content; Intellectual Property; Third Party Links: In addition to making the Services and Products available, this Website also offers information and marketing materials. This Website offers information, both directly and through indirect links to third-party websites, about designing and branding concepts. Grapdes does not always create the information offered on this Website; instead, the information might have been gathered from other sources. To the extent that Grapdes does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that you will specify your use of the content on this Website as personal and/or commercial, and adhere your usage to the same. Any links to third-party websites are provided solely as a convenience to you. Grapdes does not endorse the contents on any such third-party websites or sources. Grapdes is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

 

b) Use of Website: Grapdes is not responsible for any damages resulting from the 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 Services and Products produced/sold from the Website unless permitted to do so by Grapdes, (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 usage by other users and governors of the Website.

 

c) License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to only peruse the content and materials on the Website in connection with your normal 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 Grapdes or the applicable third party (if the third-party content is at issue).  You also grant to Grapdes the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree to let Grapdes post your testimonials on the Website and allow Grapdes to edit the words/language of the same to the extent that such an edition does not distort the actual meaning of the said testimonial as given by you. 

 

d) Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Grapdes 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. Grapdes 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. Grapdes is not liable for any damage or harm resulting from any posts by or interactions between users. Grapdes reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Grapdes deems objectionable at its sole discretion. 

 

III. DISCLAIMER OF WARRANTIES

 

Your use of this website and/or services and products are at your sole risk. Grapdes expressly disclaims all warranties of any kind, whether express or implied.

 

Without limiting the generality of the foregoing, Grapdes makes no warranty:

·      That the information provided on this website is accurate, reliable, complete, or timely.

·      That the links to third-party websites are to information that is accurate, reliable, complete, or timely.

 

IV. LIMITATION OF LIABILITY

 

The entire liability of Grapdes, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content, services and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling (if applicable), for any Services and Products purchased from Grapdes.

 

Grapdes will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services and products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or services and products; (2) the cost of procuring complimentary products or content; (3) any lost profits you allege.

 

V. INDEMNIFICATION

 

You will release, indemnify, defend and hold harmless Grapdes, and any of its partners, contractors, agents, employees, officers and 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) the Services and Products or your use of the Services and Products; (4) 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 Grapdes. When Grapdes is threatened with suit or sued by a third party, Grapdes may seek written assurances from you concerning your promise to indemnify Grapdes; your failure to provide such assurances may be considered by Grapdes to be a material breach of this Agreement. Grapdes 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 or Services and Products, with counsel of Grapdes’ choice at its expense. Grapdes will reasonably cooperate in any defense by you of a third-party claim at your request and expense. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or the Services and Products.

 

VI. PRIVACY

 

Grapdes believes strongly in protecting user privacy and providing you with notice of the use of data by Grapdes. Please refer to Grapdes’ Privacy Policy, incorporated by reference herein that is posted on the Website.

 

VII. 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. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability on your part.

 

VIII. GENERAL

 

a) Force Majeure: Grapdes 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, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

 

b) Cessation of Operation: Grapdes may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and production of the Services and Products.

 

c) Entire Agreement: This Agreement comprises the entire agreement between you and Grapdes and supersedes any prior agreements pertaining to the subject matter contained herein.

 

d) Effect of Waiver: The failure of Grapdes 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.

 

e) Governing Law; Jurisdiction: This Website originates from Chennai, Tamil Nadu, India. This Agreement will be governed by the laws of the State of Tamil Nadu, India without regard to its conflict of law principles to the contrary. Neither you nor Grapdes 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 Chennai, in the State of Tamil Nadu. By using this Website or ordering Services and Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise under or by reason of this Agreement.

 

f) Statute of Limitation: 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.

 

g) Waiver of Class Action Rights: 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.

 

h) Termination: Grapdes 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 Grapdes may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services and Products. If your access to the Website is terminated, Grapdes reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Grapdes chooses, in its sole discretion and without advance notice to you, to terminate it.

 

i) Domestic Use: Grapdes makes no representation that the Website or Products are 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 or international laws.


j) Assignment: You may not assign your rights and obligations under this Agreement to anyone. Grapdes 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 Services and Products from Grapdes through any other means, you agree to be bound by all of the terms and conditions of this agreement. ANY RIGHT NOT EXPRESSLY MENTIONED HERE IS RESERVED INDEFINITELY BY GRAPDES. 

 

IX. CONTACT US

 

If you have any questions about this Terms of Use Agreement, the practices of this Website, or your dealings with this Website or Grapdes, please contact us at legal@grapdes.com, with the subject line: “Terms of Use Enquiry”, and we will make an effort to reply within a reasonable timeframe.