Terms & Conditions For Transacting at and/or Dealing With The Website 'IMbesharam.com'
This document is an electronic record. This electronic record is generated by a computer system and does not require any physical or digital signatures.
("Website") is owned and operated by Happy Birds Inc LLC dba IMBesharam.com, a company incorporated under the laws of United States of America vide Control number 15079438, having its registered office at 3101 Cobb Pkwy, Atlanta GA 30339 USA.
Happy Birds Inc LLC , hereinafter referred to as the "Company" (which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns).
Subject to the terms and conditions of this agreement ("Agreement"), the Company, its subsidiaries, affiliates, associate companies, consultants, directors, employees, advisors, partners and suppliers shall make available through the Website which is an online platform for range of goods including energy drinks, lubricants, lingerie, cosmetics, massage gels, massage apparatus, adult industry products, oils and gels, jewellery, watches, perfumes, cologne, apparels, books and magazines, movies and advisory and consultancy services for a Consideration ("Products").
Use of this Website is regulated by terms and conditions provided herein in this Agreement. Your access, visit, dealing, transacting and/or otherwise using this Website shall be treated as your unconditional acceptance of the terms of this Agreement in entirety. There is an option given during the course of every transaction to enable you to express your acceptance or rejection of these terms. Please exercise the said option during the course of any transaction after going through these terms, as your acceptance by clicking on "I Accept" shall be deemed that you have accepted these terms fully and you have gone through and understood these terms completely and these terms shall be treated as legally binding and enforceable Agreement between the Company and you. If you do not agree with any of these terms or all of these terms, then you should stop dealing with and/or not initiate or undertake any transaction on this Website.
The information and Products offered on this Website or through other mediums should not be considered as a substitute for professional advice. The User's use of the Website and/or Products is subject to the additional disclaimers and caveats that may appear throughout the Website and on the Products. The Company, its associate companies, subsidiaries, consultants, directors, employees, advisors, partners and suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Products and other materials on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, consultants, directors, employees, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Products at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and Products and/or restrict the User's access to parts and/or all of the Products without notice and/or liability to the Users.
All kind of correspondence should be addressed to Company’s office address as given above.
In this Agreement, the 'Company' and the 'User' have been collectively referred to as "Parties" and individually as "Party".
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
- (ii) "Company" shall mean Happy Birds Inc LLC dba IMBesharam.com
- (iii) "User" shall mean any person and/or legal entity that visits, uses, deals with and/or transacts on the Website in any way. Any references herein to 'you' and 'your'shall mean the User.
- (iv) "Website" shall mean IMbesharam.com, a website owned and operated by the Company and facilitating online transactions.
The User certifies that if the User is an individual (i.e. not a corporation), the User is of the age of majority as per the laws applicable in your area and/or jurisdiction but in neither case below Eighteen (18) years of age. By placing an order for any of the Products you confirm that you (and, if different, the recipient of the Product) satisfy the age requirements necessary to buy that Product from our Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as per the laws applicable in your area and/or jurisdiction.You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Products, violate any laws in your jurisdiction (including but not limited to intellectual property rights laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation will result in immediate termination of services and you might be subjected to any legal action. If the User is availing of the Products from the Website, the User further warrants that the User has legal authority to enter into other binding agreements for the same. The User agrees to be financially responsible for all of the User's use of the Products and access of the Website (as well as for use of the User's account by others). The User also warrants that all information supplied by the User in availing the Products and accessing the Website, including without limitation the User's name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement and/or any of the provision is void and/or prohibited by law, the right to access the Website is revoked in such jurisdictions.
3. Amendment Of Terms
The Company is entitled to amend these terms anytime without any prior intimation to anybody. The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Placement of any order for the Products, transacting on the Website and/or using any information from the Website and/or use of the Products by the User following such notification constitutes the User's acceptance of the terms and conditions of this Agreement as modified.
4. Intellectual Property Rights
(a) The User acknowledges and agrees that the Company retains all right, title, ownership and interest in and to the Website, all data and information other than data and information relating to the Products provided by third party service providers through the Website ("Third Party Content"), content, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world. All use of such rights, including intellectual property rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in the Company.
(b) All intellectual property of the Company is a valuable asset of the Company and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the intellectual property of the Company would destroy or diminish its value and cause irreparable harm and loss to the Company, and that monetary damages will be inadequate to compensate the Company for any breach of confidentiality. The User, therefore, agrees that the Company shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the confidentiality obligations contained herein.
(c) The Website is protected by copyright as a collective work and/or compilation, pursuant to Copyright laws, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Website and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without our express written authorization, which the Company is under no obligation to grant.
(d) Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia ("Marks") that appear on or in connection with the Website and/or its content, is the intellectual property of the Company. The Company expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.
(e) The User's misuse of the Website and/or its content and/or its Marks, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or its contents to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User's risk as to costs and consequences. The Company has all the rights to disable or prohibit access to the Users who do not abide by these terms and involve in the infringement of our intellectual property.
(f) All the information and content disclosed on the Website is proprietary in nature and solely belongs to the Company and its respective licensors and shall not be used and/or copied and/or tampered with in any manner (as the case may be).
Third Party Content
All third party trademarks, logos, photographs, images, content and other intellectual property contained on or through the Website are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights to such intellectual property. The User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the Services.
Except as otherwise provided elsewhere in this Agreement and/or on the Website, anything that the User submit or post on the Website and/or provide to the Company, including without limitation, ideas, questions, reviews, know-how, techniques, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and the Company shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, sell, lease, transmit, publish, perform, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of the Company and shall not be returned to you.
If, at Company's request, you send certain specific submissions (for example contest entries) or without a request from the Company you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
The User's misuse of the material and/or Marks and/or content and/or the Website and/or Services, except as provided in this Agreement, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or Services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at the User's risk as to costs and consequences.
5. Registration Data
The User shall be entitled to use the Website for any online transaction after getting him/her registered on the Website after furnishing all relevant information relating to the User as sought on the Website. The User shall be solely responsible for the confidentiality of its User Id and Password.
The User shall be solely responsible for the accuracy and correctness of all such details/information given by the User during registration. The Company may at its sole discretion verify those details, if it deems fit. If the Company has reason to doubt the correctness of any detail/information furnished by the User or in case any information furnished by the User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of the User permanently or for such period as the Company deems fit.
The User hereby grants to the Company the right to use the details and information the User supplies to the Company, so that the Company is not violating any rights the User might have in his/her information. The User hereby agrees to grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) the User has in his/her information, in any media now or in future known, with respect to the User’s information. The Company will only use the User’s information in accordance with this Agreement.
The User confirms that the Company shall not be responsible for:
- (i) Any deficiency in Products for reasons attributable to the User.
- (ii) Any loss and/or damage to the User due to incorrect, incomplete and/or false information furnished by the User.
- (iii) Any deficiency in payment of consideration payable by the User to any third parties.
- The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
6. Representation And Warranties
(i) The User represents and warrants that the User is the owner and/or authorised to share the information the User gives on the Website. The User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
(ii) The User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate companies/entities for all claims resulting from details/information the User posts and/or supplies to the Company. The Company shall be entitled to remove any such details/information posted by the User without any prior intimation to the User.
(iii) The User understands that the Company does not have any control on accuracy of information/details submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses, etc. due to inaccuracy of any detail/information submitted by the User or anybody else on the Website.
(iv) The User shall be solely responsible for his/her information and confirms that information submitted by the User:
- (a) is correct, complete, relevant and accurate;
- (b) is not fraudulent;
- (c) does not and shall not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy;
- (d) shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing;
- (e) shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority;
- (f) shall not be seditious, offensive, abusive, liable to incite racial and/or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience;
- (g) does not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law;
- (h) shall not be or include material that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- (i) shall not create liability and/or claims for the Company;
- (j) shall not be in the nature of political campaigning, commercial solicitation, chain letters, mass mailings and/or any form of 'spam';
- (k) shall not phish, pharm, pretext, spider, crawl, or scrape
- (l) shall not use the site or its content: to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (m) shall not be illegal in any other way.
(v) The Company reserves the right to remove and/or edit any details/information that the Company in its sole discretion deems appropriate. The User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
(vi) The User undertakes and confirms that the User shall not use the Website and the Products therein for any purpose that is unlawful and/or prohibited by the terms of this Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. The User shall not use the Website and the Products therein in any manner which could damage, disable, overburden and/or impair the Website and/or any of the Products therein and/or the network(s) connected to the Website and interfere with other the User’s use and enjoyment of the Website and/or the Products therein.
(vii) The User shall not attempt to gain unauthorized access to any of the Products on the Website, other users account(s), computer systems and/or networks connected to the Website through hacking, password mining and/or any other means. The User shall not attempt to obtain any materials or information through any means not intentionally made available to the User through the Website.
(viii) Certain elements of the Website may contain material submitted by other Users and/or third parties. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material including advertising material forming part of the Website. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and third parties and the Company will not be responsible for any claim, error, omission and/or inaccuracy arising out of or in relation to such material. The Company reserves the right to omit, suspend and/or change the position of any material submitted for insertion on the Website. Acceptance of advertisements on the Website shall be subject to the Company’s terms and conditions applicable to advertisements.
(ix) The User shall be solely responsible for obtaining and maintaining any equipment or ancillary Products needed to connect to, access the Website or offer the Products , including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Products.
7. Payment Terms
Conditions of Sale and Payment Terms Prior to the purchase of any Products on the Website, the User must provide the Company with a valid credit/ debit/ cash card number and associated payment information including all of the following:
- (a) User name as it appears on the card
- (b) User credit / debit / cash card number
- (c) the credit / debit / cash card type
- (d) the date of expiration and
- (e) any activation numbers or codes needed to charge the User's card. By submitting that information to the Company, the User hereby agrees that the User authorizes the Company to charge the User's card at the Company's convenience. All sales of Products are final. All charges from those sales are non-refundable.
(ii) Methods of Payment, Credit/ Debit/ Cash Card Terms and Taxes
All payments must be made by VISA, MasterCard, American Express and other acceptable credit/ debit/ cash cards (each of which may be removed by the Company in its sole discretion). Payment can be made in the currencies as may be permitted under the US Laws. Unless expressly set forth on the Website, the Company does not accept any other payment form. If the Company offers or accepts any other form of payment, the User hereby agrees to all restrictions, terms and conditions associated with such additional form of payment. The User's card issuer agreement governs the User's use of the User designated card, and the User must refer to that agreement and not this Terms of Service to determine the User's rights and liabilities as a cardholder. THE USER, AND NOT THE COMPANY, IS RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO THE USER'S CREDIT/ DEBIT/ CASH CARD BY A THIRD PARTY. The User agrees to pay all fees and charges incurred in connection with the User's purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless the User notifies the Company of any discrepancies within Seven (7) days after they first appear on the User's credit/ debit card statement, the User agrees that they will be deemed accepted by the User for all purposes. If the Company does not receive payment from the User's credit/ debit/ cash card issuer or its agent, the User agrees to pay all amounts due upon demand by the Company or its agents. The User is responsible for paying any governmental taxes imposed on the User's purchases, including, but not limited to, sales, use or value-added taxes. The Company shall automatically charge and withhold the applicable sales tax for orders to be delivered. Further, the payments shall be made in accordance with the Payment Policy set out on the Website.
The Company shall actively report and prosecute actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from the User such as a telephone confirmation of the User's order and/or other information. The Company's decision to require further authorization is at the Company 's discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any of the Company's order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
(iv) Order Acceptance Policy
The Company hereby informs the User that User's receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of the User's order, nor does it constitute confirmation of the Company 's offer to sell. The Company reserves the right at any time after receipt of the User's order to accept or decline the User's order for any reason. The Company further reserves the right any time after receipt of the User's order, without prior notice to the User, to supply less than the quantity, the User ordered of any item. The User's order will be deemed accepted by the Company upon shipment of the Products or performance of services that the User has ordered as indicated by the Company's servers. Title to the Products and all risk of loss passes to the User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order.
(v) Right To Refuse Or Cancel Order For Mispriced Products Or Services
The Company shall have the right to refuse or cancel any orders placed for Products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit/ debit/ cash card charged. If the User's credit/ debit/ cash card has already been charged for the purchase and User's order is cancelled, the Company shall immediately issue a credit to the User's credit/ debit/ cash card account in the amount of the charge.
(vi) Modifications to Prices or Billing Terms
The Company reserves the right, at any time, to change its prices and billing methods for Products or services sold, effective immediately upon posting on the Website or by e-mail delivery to the User. The User hereby acknowledges and understands that the Company is only facilitating the sale of other retailers/alliance partners merchandise and the prices and/ or billing methods for Products and/ or services or the delivery policies may be changed by the retailers/alliance partners or the carriers anytime with or without prior notice. On being informed about the change in the prices and/ or billing methods for the Products and/ or services or the delivery policies, the Company may require 24-48 hours to replace or alter the changed price or and/ or billing methods and/ or the delivery policies on the Website.
In the event if the User purchases any Products and/ or services on the Website for which the prices or the delivery policies are changed by the retailers/alliance partners or carriers but the revised prices are not updated on the Website at the time of purchase, the Company shall have the right to send an email or SMS to the User, informing the User about the change in the prices and/ or billing methods and/ or delivery policies for the Products or services already sold and cancellation of the transaction and request the User to confirm the purchase of the Products and/ or services at the revised price and/ or billing methods for the Products and/ or services or the delivery policies. On receipt of such an email or SMS, the User can either confirm the transaction on revised terms or cancel the transaction.
(vii) Price Comparisons, "List Price" and "You Save"
Price comparisons may be made throughout the Wesbite to indicate the relative savings amounts of the Company's pricing. "LIST PRICE" is the suggested retail price provided to the Company by the Company's suppliers. The Company makes no representation that a substantial number of these Products have been sold or offered for sale at the list price. Actual retail prices in the User's area may be substantially different. As the Company sell merchandise belonging to various retailers/ alliance partners over the internet on an international basis, it is not possible to know if the merchandise is sold at list price in any particular location or at any particular time. "WHAT YOU SAVE" reflects the difference between the Company's price and the supplier provided list price shown on the Website. Because the list price may be different than the actual retail prices in the User's area, the User may not actually realize a savings of this amount and may want to make an exact comparison by checking the prices of other internet or local retailers prior to making a purchase.
The Company shall deliver the Products in accordance with the Shipping and Customs Policy set out on the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. No Refund Policy
If a cancellation is done by the User after registration, no refund will be made to the User accept in case if the Products are not merchantable quality and/or has some manufacturing defects. Further, the aforesaid condition will change from Product to Product and shall be in accordance with the warranties and/or disclosures made on the Products. The consideration paid by a User towards the Products are non-refundable and non-transferable except as provided herein.
9. Force Majeure
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, terrorist attack, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or irregularities in networks, bugs, viruses, breakdown of software, hacking of the Website and/or contents provided for availing the Products under the Website.
10. Warranty Disclaimer
The User acknowledges that the Company has no control over and no duty to take any action regarding which the User gains access to the Website and/or its content and/or the Products ; what effect the Website and/or its content and/or the Products may have on the User and/or any third party; how the User may interpret or use the Website and/or its content and/or the Products ; what actions the User may take as a result of having been exposed to the Website and/or its content and/or the Products . The User releases the Company from all liability for the User having accessed the Website and/or its content and/or the Products.
The Company provides access to the Website on an 'as is' and 'as available' basis. Neither does the Company nor do third parties related to the Company, provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content and/or the Products , for any specific purpose. The User acknowledges that the Website and/or its content and/or Products may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
The Website and/or its content and/or the Products may contain views, opinions and recommendations of Users of the Website and/or the Products, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website by anybody other than the Company. The Company assumes no responsibility to keep the content current, complete, up-to-date, valid, or accurate. The Company shall not be responsible in any manner whatsoever for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information shall be at the User's sole risk.
The Company does not warrant the accuracy, reliability, credibility or completeness of the Website and/or its content and/or its Products.
The Company makes no warranty that its Website and/or its content are appropriate or available for use in other locations. Those who access the Website and/or its content from territories other than USA shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable US laws.
The Company shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s device, programs, data or other proprietary material due to use of the Website.
The User shall be solely responsible to maintain the confidentiality and security of his/her account, User Id, Password, login credentials and the Company shall not be responsible for any losses arising out of the unauthorized use of the User’s account as a result of the User not following the terms and conditions stated herein.
The Company shall be under no liability whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/ or otherwise using the Website.
The User expressly understands and agrees that the Company, its shareholders, associate companies, directors, employees, representatives, agents and partners, shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: (a) the User’s use or inability to use the Website; (b) any changes made to the Website; (c) temporary or permanent cessation of the Website, the Products , the Company’s business or any part thereof; (d) any unauthorized access to or alteration of the User transmissions or data, if any; (e) statements or conduct of any third party on the Website; (f) any fraud, security breach, misconduct or negligence by any third parties.
The Company does not warrant that access and use of its Website and/or its content and/or the Products will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of the Company’s control.
The User expressly agrees and understands that the Services, materials, consultations, content and information offered on the Website is not a substitute for professional advice and the Company disclaims all liability for any claims arising thereto.
The Company is not responsible for the availability or content of any third party material you access through the Website. The Company does not endorse and is not responsible or liable for any content, advertising, Products or information of or relating to a third party (including payment for and delivery of such Products. The Company shall not be responsible for any damage, loss or offence caused by or, in connection with, any content, material, advertising, Products, services or information of any third party that may be available on the Website. Any terms, conditions, warranties or representations associated with such dealings, are solely between the User and the relevant provider of the product or service and the User agrees to indemnify the Company for any claims arising thereto.
The Company does not endorse in anyway any advertisers/contents of advertisers on its Website. The User shall verify the veracity of all information on his/her own before undertaking reliance and acting thereupon. The Company shall not be responsible and/or liable for any claims, actions losses and/or consequential damages arising on account of the User relying on the contents of the advertisement. Advertisement/advice (if any) received via the Website should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.
The Company may use a third-party as a payment gateway. By subscribing to the Company’s Services, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card. The Company disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.
The Company neither warrants nor represents that use of the Products and/or services by the User will not infringe the rights of third parties not owned by or affiliated with the Company.
There may be delay in provision of Products and/or services due to factors beyond the reasonable control of the Company and therefore the Company shall not be held responsible and liable for any delay and/or failure in performance of Services by the Company due to such factors. The Website may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. The Company shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Website for any use. The Company does not warrant that the software will work on all networks and/or will be available in all geographical areas.
XI. Personal, Non-Commercial & Non assignable Use
By registering on the Website the User confirms that use of the Website shall be for his/her personal purpose and not for any commercial purpose. The User confirms that the User's right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of the User Id and Password to access, deal with or transact at the Website shall be sole responsibility of the User and the User shall be responsible and liable for any misuse of the User Id and Password assigned to the User by the Company. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
XII. Links to other websites
The Website may contain hyperlinks to websites operated by persons other than the Company (hereinafter referred to as the "Web Links"). Such Web Links are provided for the User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. The Company reserves its right to remove any such Web Links anytime without any prior notice. The Company is not under obligation to review the contents of Web Links and therefore does not control the contents of those Web Links. The User leaves the Website by clicking on Web Links and goes to respective internet websites and use of those Web Links shall be regulated by terms provided on respective websites. The Company is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. The User confirms that any access of Web Links by the User shall be entirely at the User’s own risk.
XIII. Product Description & Pricing
The Company shall endeavour to the extent possible to be as accurate while providing Products descriptions and pricings. However, the Company does not warrant that descriptions and/or other content and/or prices related to the Products and/or other information and content contained in this Website is accurate, complete, reliable, current and error-free.
The Company shall be entitled to send and the User gives his/her consent to receive, information/ offers/ promotional mails and messages pertaining to the Products offered by the Company/the associate companies from time to time. Certain Products or services may be available exclusively online through the Website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our Products that appear at the actual store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of the Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products or services will be corrected.
Without Prejudice to the rights of the Company at law and/or in equity and/or under this Agreement, the User agrees and undertakes to indemnify and hold the Company, its shareholders, associate companies, directors, employees, representatives, agents and partners, harmless, to the fullest extent, from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (i) the User’s access, use or misuse of the Website; and/or (ii) the User’s breach or alleged breach of this Agreement; and/or (iii) any violation by the User of any applicable laws; and/or (iv) any violation by the User of the Company’s rights and/or the rights of third parties, including without limitation, infringement of copyright, trademark, service mark, patent, trade secret, privacy or other intellectual property or proprietary right or misappropriation of any property.
(i)The Company may, at any time, terminate or suspend any and all the Products or services and/or access to the Website immediately, without prior notice and/or liability. The Products or services and/or access to the Website may also be terminated or suspended if:
- (a) The User breaches any of the terms or conditions of this Agreement and/or other incorporated agreements and/or guidelines.
- (b) Requests by law enforcement and/or other government agencies.
- (c) Discontinuance and/or material modification to the Website and/or Service (or any part thereof).
- (d) Unexpected technical and/or security issues and/or problems.
- (e) Engagement by the User in fraudulent and/or illegal activities.
- (f) Non - payment of consideration owed by the User in connection with the use of Website and/or Services.
(ii) Termination of the User account includes:
- (a) Removal of access to all offerings within the Products.
- (b) Deletion of the User Id and Password and all related information, files and content associated with or inside the User account (or any part thereof).
- (c) Barring of further use of the Website and/or Products and/or service.
Further, the User agrees that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to the User or any third party for any termination of the User account, any associated email address, or access to the Products. Any consideration paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
XVI. Entire Agreement
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement and any policies or operating rules posted by us on this Website or in respect to the Products and/or services constitutes the entire agreement and understanding between you and us and governs your use of the Website and/or the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).
XVII. Governing Law And Arbitration
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of United States of America. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the Courts of United States of America.
The Website is designed for and targeted to customers across the world and the disclaimers, terms and conditions of use of the Website are governed by and operated in accordance with the laws of United States of America, without giving effect to any principles of conflicts of laws. The Company makes no representation that the Website is operated in accordance with the laws of other countries. If the User is located outside United States of America and access or use the Website and services, the User does so at his/ her own risk, and is responsible for compliance with any applicable local, national or international laws.
This Website may be accessed from countries other than United States of America. This Website may contain Products or references to products from worldwide. Any such references do not imply that such Products will be made available to you at the place of choice. If the Website is accessed outside United States of America, the User shall ensure the compliance with all applicable laws and regulations governing the use of the Website in the country of the User.
Please be aware that User's initiative of accessing the Website and/or services is subject to laws of United States of America.
XVIII. General Provisions
(i) No Partnership: None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
(ii) Electronic communication: The User consents and gives his/her consent to receive communications from the Company electronically/through electronic records. The Company will communicate with the User by e-mail and/or by posting notices on this Website. The User agrees that all agreements, notices, disclosures and other communications that the Company provides to the User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
(iii) Assignment: The Company can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. The User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of the Company.
(iv) Severability: Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect.
(v) Queries: Any queries in respect to the Products and/or services and/or Website should be sent at -
Happy Birds Inc LLC dba IMBesharam.com
3101 Cobb Pkwy Atlanta GA 30339 USA
Tel: +18669227444 Email: firstname.lastname@example.org
Mailing Address:Happy Birds Inc LLC dba IMBesharam.com
2550 Sandy Plains Dr Suite 225/154 Marietta GA 30066 USA
If anybody does not agree with the Terms and Conditions as provided in this Agreement in entirety his sole and exclusive remedy is to discontinue using any of the Products and/or services being offered on the Website.