Website Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

Business

www.Grape Ball.com ("Website") is an Internet based portal owned and operated by Grape Ball, a Partnership Firm, under the laws of India, with its registered office at No 305, Place name, Building name, street name, City, State - 654321. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Grape Ball at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

Grape Ball shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.Grape Ball.co.in to view the most current Terms of Use. You can determine when Grape Ball last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Grape Ball may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.grapeball.com

Grape Ball agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Grape Ball shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.

Services

The Website is a platform that facilitates the online sale of branded Products and services offered by Grape Ball's Own / various affiliate / registered merchants/ vendors /service providers at a discounted price ("Services"). The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")

Eligibility to Use

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Grape Ball system by Grape Ball for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Grape Ball through Your legal guardian in accordance with the applicable laws.

Grape Ball reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

User Account, Password, and Security

Grape Ball makes the Services available to You through the Website only if You have provided Grape Ball certain required User information and created an account ("Account") through Grape Ball ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Grape Ball of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Grape Ball cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Grape Ball or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Grape Ball has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grape Ball has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

Pricing Information

Grape Ball strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.

You agree to provide correct and accurate credit/ debit card/ Internet Banking details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card / Internet banking. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card/ Internet banking details. Grape Ball expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

Grape Ball shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Grape Ball with our acquiring bank from time to time.

User Obligations

Subject to compliance with the Terms of Use, Grape Ball grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Grape Ball disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws.

You agree that You are solely responsible to Grape Ball and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Grape Ball or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that Grape Ball is not the seller of the products and the services and Grape Ball shall in no manner be deemed to be the seller of the products or services on this Website. Grape Ball is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.

You agree that Grape Ball may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Use of Materials

Except as expressly indicated to the contrary in any applicable Additional Terms, Grape Ball hereby grants You a non-exclusive, freely revocable (upon notice from Grape Ball), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

You may not modify or alter product catalogues or any other materials available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Grape Ball.

Any software that is available on the Website is the property of Grape Ball or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Grape Ball.

Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

Usage Conduct

You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

Grape Ball shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Grape Ball with our acquiring bank from time to time

Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Grape Ball and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Grape Ball or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Grape Ball, the vendor or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Sri Balaji Speciality Products owns all intellectual property rights to and into the trademark "Pure Nutrition", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Grape Ball or thirty party owner of such Content.

Third Party Content

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Grape Ball. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Grape Ball does not provide any guarantee with respect to any the Third Party Content and Grape Ball shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

Disclaimer Of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Grape Ball ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Grape Ball MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Grape Ball OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Grape Ball WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LABEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Grape Ball ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

Grape Ball WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Grape Ball HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Grape Ball NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Grape Ball SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Grape Ball SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Grape Ball 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Grape Ball IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Grape Ball ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

Grape Ball SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Grape Ball including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Grape Ball that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Grape Ball harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Grape Ball 's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.

In no event shall Grape Ball, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Grape Ball has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation of the Terms of Use

You agree that Grape Ball may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Grape Ball determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Grape Ball, for which monetary damages would be inadequate, and You consent to Grape Ball obtaining any injunctive or equitable relief that Grape Ball deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Grape Ball may have at law or in equity.

You agree that Grape Ball may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If Grape Ball does take any legal action against You as a result of Your violation of these Terms of Use, Grape Ball will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Grape Ball.

Termination

The Terms of Use will continue to apply until terminated by either You or Grape Ball as set forth below. If You want to terminate Your agreement with Grape Ball, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Grape Ball has made this option available to You.

Grape Ball may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

Terms of Use;

Grape Ball is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);

The provision of the Services to You by Grape Ball is, in Grape Ball's opinion, no longer commercially viable;

Grape Ball has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

Grape Ball may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Grape Ball's sole discretion and that Grape Ball shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Grape Ball chooses to terminate them.

If You or Grape Ball terminates Your use of the Website, Grape Ball may delete any content or other materials relating to Your use of the Website and Grape Ball will have no liability to You or any third party for doing so.

Governing Law

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Grape Ball shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Grape Ball shall be subject to the exclusive jurisdiction of the courts at Coimbatore, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Grape Ball customer support

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Grape Ball in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

Communications

You hereby expressly agree to receive communications by way of SMS, e-mails from Grape Ball relating to Services provided through the Website.

General Provisions

Notice: All notices of Grape Ball will be served by email or by general notification on the Website. Any notice provided to Grape Ball pursuant to the Terms of Use should be sent to Grape Ball customer support

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Grape Ball's rights under the Terms of Use are freely transferable by Grape Ball to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by Grape Ball to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Grape Ball of that provision or right.

Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. Grape Ball shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Grape Ball is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Grape Ball may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Grape Ball for the feedback under any circumstances.