Terms and Conditions
Mumbai Local Restaurant’s website has been made available to educate
consumers about various products of the Company. This service provided
by the Site is subject to the following Terms and Conditions of Use (“Terms
and Conditions”).
Acceptance of Terms and Conditions of Service
This website service is provided by Employee Brewing Company (“us” or
“we”) as a service to its Users. By using this Site, you (“you”, “user”) agree to
follow and are bound by the following terms and conditions. If you do not
agree with them, do not use the Site. Your use of the Site constitutes your
agreement to all such Terms.
The following Terms govern your access to the Site and use of the service.
This service is offered to you conditioned on your acceptance, without
modification, of the terms, conditions, and notices contained in this
agreement and any operating rules, policies, and procedures that may be
published from time to time on the “Site” by the Company.
The Company reserves the right to modify or remove any part of the Terms
in its sole discretion at any time and without prior notice to you by
updating this posting. Visitors to, and Users of, the Site (collectively, “you”)
should visit this page periodically for changes. This Site is continually under
improvement and changes in this Site may be made at any time. Any
changes are effective upon posting to this Site.
Scope of the Site
The Site educates existing consumers and prospective consumers about
the various products of the company. The Site informs the visitors in a
graphical manner about the various locations that they can buy the
products from; engages consumers and make them fans of the products;
creates a platform for seeking feedback / soliciting information through
surveys to improve our understanding of our consumers. The Site also
provides information about our product to potential distributors and retail
chains.
Privacy Policy
We respect your privacy and the use and protection of your Personal
Information. The Site collects certain personal information from various
sources. Such information and data collected by us about Users will be
treated as confidential and protected and used by us in accordance with
our Privacy Policy
Access to and Availability of the Site
The Company has made reasonable efforts to ensure that all information
on the Site is accurate at the time of publishing. However, there may be
errors in such information for which the Site has no liability.
The Site may become unavailable to you as a result of maintenance,
malfunction of computer hardware or software, or for other reasons, and
may result in damages to your systems or operations. You shall be solely
responsible for ensuring that any information or content obtained from the
Site does not contain any virus, worm, mole or other computer software
code or subroutine designed to disable, erase, impair or otherwise damage
your systems, software, or data.
Community Guidelines
The Site may use social media platforms like Facebook, LinkedIn, Twitter,
Instagram, Snapchat. In addition to links to Social Media Sites, the Site may
have provision for blogs, comments sections, and other community
forums. You can use these facilities to provide feedback and comments,
and otherwise interact with other users. If the Website includes any
Community Forums, the restrictions and obligations stated below shall
apply.
The Company shall also monitor any readily apparent violations of these
Terms and Conditions or illegal content, and initiate appropriate action.
Notwithstanding the foregoing, you acknowledge that the Company is
under no obligation to edit or modify any information available in a
Community Forum or settle any dispute or disagreement between users
and shall have no liability to you for any content posted in a Community
Forum.
You acknowledge that any opinions, statement, recommendation, offers,
advice or other information presented or disseminated on the Community
Forums are those of the respective authors who are solely responsible and
liable for their content. Mumbai Local Restaurant reserves the right, in its
sole discretion, to refuse to post or remove any material submitted or
posted on the Community Forums.
Content Management and Removal
The Company, at its sole discretion, may permit Users to post, upload,
publish, submit or transmit User Content. The Company does not monitor
or review generally the content posted by users of the Site (“Users’
Content”) and is not responsible or liable for such Users’ Content. By
making available any User Content on or through the Site, you hereby
grant to The Company a worldwide, irrevocable, perpetual, non-exclusive,
transferable, royalty-free license, with the right to sublicense, to use, view,
copy, adapt, modify, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, stream, broadcast, access, view, and otherwise
exploit such User Content only on, through, or by means of the Site. The
Company does not claim any ownership rights in any such User Content
and nothing in these Terms will be deemed to restrict any rights that you
may have to use and exploit any such User Content. However, the Site
reserves the right to cancel your access to these areas and/or delete,
move, or edit any Users’ Content (including messages posted in any
comment area) that it may determine, in its sole discretion, violates these
Terms and Conditions. The Company shall have the right, but not the
obligation, to correct any errors or omissions in any Users’ Content, modify
or delete the User Content as it may determine in its sole discretion. You
acknowledge and agree that you shall remain solely responsible for all
Users’ Content posted by you or by any other person using your account.
You represent and warrant that: (a) you either are the owner of all Users’
Content that you make available through the Site or you have all rights,
licenses, consents that are necessary to grant to the Company the rights in
such User Content; and (ii) neither the Users’ Content nor your posting,
uploading, publication, submission or transmittal of such content or the
Company’s use of the your Content does not infringe or violate any third
party’s patent, copyright, trademark, trade secret or any other proprietary
or intellectual property rights, or result in the violation of any applicable law
or regulation.
Information control: The Company neither verifies nor controls the Content
provided by users on the Site. You may find some Content to be offensive,
harmful, inaccurate, or deceptive although such content is prohibited from
being posted on the Site. There are also risks of dealing with underage
persons or people acting under false pretense.
By using the Site, you agree to accept such risks and agree that the
Company is not responsible for any acts or omissions of users on the Site.
Please use caution and common sense.
Prohibited Activities
The following are prohibited activities, which could lead to the termination
of a User account:
You are not permitted to reproduce, duplicate or exploit any portion of the
Site in any way;
Modify, adapt or hack the Product or modify another website so as to
falsely imply that it is associated with the Product;
Upload invalid data, viruses, worms, Trojan horses, or other harmful or
disruptive codes, components, devices, or software agents through the
Products;
Impersonate another person or otherwise misrepresent your affiliation with
a person or entity, conduct fraud, hide or attempt to hide your identity, or
misrepresent the source or content of information transmitted through the
Products;
Transmit, distribute, post or submit any information concerning any other
person or entity;
Use the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the site or all or any portion of the
Site;
Distribute or facilitate distribution of any content, including but not limited
to text, communications, software, images, sounds, data, or other
information that: (a) is unlawful, threatening, abusive, harassing,
defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy,
tortuous, contains explicit or graphic descriptions or accounts of sexual
acts (including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of individuals),
or otherwise violates the Company’s rules or policies; (b) victimizes,
harasses, degrades, or intimidates an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability; (c) promotes drinking and driving or irresponsible consumption
of alcohol or disparages competitive products;
Use of bots, crawlers, or spiders, or other methods, to collect information
from the site;
Attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Site and Products.
Submitted Ideas
You may submit some ideas which may be help in improving our products
and increase our business. Any submitted ideas (“User Submissions”) will
become the property of Employee Brewing Company. While we appreciate
your concern and help, we wish to inform you that any information you
submit on the Site will no longer be considered confidential information
and you will lose your proprietary rights on such ideas submitted to us as
any user of this website may use your ideas for his benefit. However, you
can contact us and submit your ideas following the procedure formulated
by us. But, please note that the Company is continuously engaged in
research and may have developed or may in the future develop ideas
identical or similar to your suggested ideas. In any event, you acknowledge
and agree that the Company assumes no obligation of confidentiality or
nondisclosure, express or implied by considering your ideas. Without
limitation, you hereby irrevocably transfer and assign to Employee Brewing
Company, all now known or hereafter existing rights in and to the ideas
suggested by you, and Employee Brewing Company shall own the ideas
and be entitled to unrestricted use of the ideas for any purpose
whatsoever, commercial or otherwise without any form of compensation.
Copyright Policy and Use of Site Content
This Site and all the information it contains, or may in the future contain,
including, but not limited to, articles, memoranda, bulletins, reports, press
releases, opinions, text, directories, guides, photographs, illustrations,
trademarks, trade names, product marks and logos (collectively, the
“Content”), is the property of the Company. Mumbai Local site is protected
from unauthorized copying and dissemination by international
conventions, and other intellectual property laws.
Nothing contained on this Site should be construed as granting, by
implication, estoppels, or otherwise, any license or right to use this Site or
any Content displayed on this Site, through the use of framing or otherwise,
without the prior written permission of the Company. The Company
prohibits the posting of any information that infringes or violates the
copyright rights and/or other intellectual property rights (including rights
of privacy and publicity) of any person or entity. If you believe that your
intellectual property right (or such a right that you are responsible for
enforcing) is infringed by any content on the Site, please notify us as
provided below.
Notification of Copyright Infringement
Mumbai Local Restaurant respects your Intellectual Property Rights and
has a policy to respond to notices of alleged copyright infringement that
comply with the Digital Millennium Copyright Act, 1998, available on
http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright
owner or an agent thereof, and you believe that any content hosted on our
website infringes your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act (“DMCA”) through mail or email, by
providing the Company’s Designated Copyright Agent (details mentioned
below), with the following information in writing. If the Company is
convinced about the violation, it will promptly take appropriate action by
disabling the access to such material or remove it and also termination of
access of those Users without notice if they are found to be “repeat
infringers.”
Identification of the copyrighted work you claim to have been infringed, or,
if multiple copyrighted works of Mumbai Local Restaurant are covered by a
single notification, a list of such works.
Identification of the material you claim to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the
material. Please provide URLs to help us locate content quickly.
Sufficient information to enable us to contact the complaining party, such
as address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted.
A statement as follows: “I hereby state that I have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law”.
Another statement: “I hereby state that the information in the notification is
accurate, and under penalty of perjury, that I am the owner/ authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed”.
Your physical or electronic signature. Please note that under 17 USC Section
512(f) of the DMCA, “Any person who knowingly materially misrepresents
that material or activity is infringing shall be liable for any damages,
including costs and attorneys’ fees, incurred by the alleged infringer…who is
injured by such misrepresentation, as the result of the service provider
relying upon such misrepresentation in removing or disabling access to
the material or activity claimed to be infringing….”
Counter-Notification
If you are the owner of the allegedly infringed material and if you elect to
send us a counter notice; in order to enable us to take cognizance of your
notification, it must be in writing and must include the following:
- A physical or electronic signature of the member.
- Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled. - A statement under penalty of perjury as follows: “I have a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled.” - Another statement: “I consent to the jurisdiction of the Courts
Vancouver, BC, and that the subscriber will accept service of process
from the person who provided notification or an agent of such
person”.
- The member’s name, address, and telephone number. Please note
that under Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity was removed or
disabled by mistake or misidentification may be subject to liability.
You can send your notifications and counter-notifications of claimed
infringement to Mumbai Local Restaurant to [email protected]
We will check all notifications and counter-notifications on a weekly basis
and initiate appropriate action. You acknowledge that if you fail to comply
with all of the requirements, your DMCA notification may not be valid.
Limitation of Liability
You expressly understand and agree that the Company shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data, fines, and expenses or other intangible losses damages,
resulting from:
the use or the inability to use the Site/Product;
inaccuracies or errors or changes in information/data on the Site;
non-availability of Products;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service/Product;
or any other matter relating to the service/Product,
EVEN IF THE COMPANY OR THE COMPANY’S AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any legal remedy or liability that you seek to obtain for actions or
omissions of other Users or other third parties will be limited to a claim
against the particular Users or other third parties ONLY.
Disclaimer/No Warranty
THE WEBSITE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY,
COPYRIGHT, ACCURACY OF USER CONTENT OR FITNESS FOR ANY PARTICULAR
PURPOSE. THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT
CONTAINED IN ANY USERS’ CONTENT, LEGALITY OR SUITABILITY OF THE SAME.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL
LIABILITY ARISING OUT OF ANY CONTENT GETTING COPIED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT. IN NO EVENT SHALL
THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR
INABILITY TO USE THE SITE; INFRINGEMENT OF COPYRIGHTS BY USER CONTENTS
POSTED IN THE SITE OR BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE.
THE SITE MAY BECOME UNAVAILABLE DURING MAINTENANCE, MALFUNCTION OF
COMPUTER HARDWARE, OR BY ANY OTHER REASON. THE COMPANY DOES NOT
WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE
INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER
ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND
COMPLETE. THE COMPANY MAY MAKE CHANGES TO THESE MATERIALS AT ANY
TIME WITHOUT NOTICE. THE COMPANY MAKES NO COMMITMENT TO UPDATE
THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE
COMPANY AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A
WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Some flavors of the product have the names of certain ingredients. In
some of the products, the actual ingredients are used and in some others
we may use synthetic flavors. Please verify the product label for
contents/ingredients used in the product before you purchase a product.
We do not claim that the use of any of our products results in health
benefits. Some products may contain ingredients which may not be
suitable to your health condition resulting in allergies or other health
related issues. Please consult your physician before using such products.
The Company disclaims any liability for the ingredients used and any
health related issues related to your using the product.
This service provided by the Company is Internet-based. You acknowledge
and agree that the Company cannot control the flow of data between its
servers, other portions of the Internet and your connections and
computers. Such flow depends in large part on the performance of Internet
Products provided or controlled by third parties. At times, actions or
in actions caused by these third parties can impair your connections to the
Internet. Although the Company will use its commercially reasonable
efforts to take actions it deems appropriate to remedy and avoid such
events, it cannot guarantee that they will not occur.
The Company reserves the right to deny Users access to the services from
time to time in order to perform routine or emergency maintenance, bug
fixes or upgrades. The Company shall use commercially reasonable efforts
to notify Users of anticipated material disruptions in the services and shall
make commercially reasonable efforts to schedule such activities at non-
peak user hours.
Indemnification
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR
SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS,
SHAREHOLDERS, REPRESENTATIVES, CUSTOMERS, AGENTS, PREDECESSORS,
SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM,
LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING ATTORNEY FEE, COSTS
AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE
TO: (a) ACTS OR OMISSIONS BY USER ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT; (b) INTENTIONAL OR NEGLIGENT VIOLATIONS BY USER
OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION, (c) CONTRACTUAL
RELATIONS BETWEEN THE USER AND A THIRD PARTY; OR (d) INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS
RELATING TO PATENT AND COPYRIGHT. THE COMPANY RESERVES THE RIGHT, AT
ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT
YOU WILL COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE
DEFENSE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE
COMPANY’S PRIOR WRITTEN CONSENT.
Severability, Waiver, Entire Agreement
In the event that any provision of the Terms shall, in whole or in part, be
determined to be invalid, unenforceable or void for any reason, such
determination shall affect only the portion of such provision determined to
be invalid, unenforceable or void, and shall not affect in any way the
remainder of such provision or any other provision of the Terms. Should
any portion of these terms and conditions to be found invalid by a court of
competent jurisdiction, the remaining provisions of terms and conditions
hereof shall continue in full force and effect.
The failure of The Company to exercise or enforce any right or provision of
the Terms and Conditions shall not constitute a waiver of such right or
provision.
The Terms and Conditions of Use constitute the entire agreement between
you and The Company and govern your use of the service, superseding
any prior agreements between you and the Company (including, but not
limited to, any prior versions of the Terms and Conditions of Use).
Jurisdiction, Governing Law & Venue
This Site is controlled and operated by the Company from its office/s in
Vancouver, BC. The Company makes no representation that materials in
the Site is appropriate or available for use in other locations. Those who
choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable. Access to this Site from jurisdictions where the
contents of this site are illegal or penalized is prohibited.
These Terms and Conditions shall be governed by the laws of the Province
of BC in Canada, without reference to its conflict of principles. Any claim or
dispute between you and the Company that arises in whole or in part from
the services shall be decided exclusively by binding arbitration as per
Commercial Arbitration Rules. An award of arbitration may be confirmed in
a court of competent jurisdiction. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to these
Terms.
Miscellaneous
Force Majeure: The parties shall be released from their respective
obligations in the event of natural calamities, national emergency, war,
prohibitive governmental regulation or any other cause beyond the
reasonable control of the parties.
Assignment: You may not assign this Agreement, to any third party, without
the Company’s prior written consent. Any assignment or transfer of your
rights under these Terms, without such consent, will make the
assignment/transfer null and void. The Company may assign or transfer
this Agreement, at its sole discretion, without restriction, to provide the
agreed services to you. Subject to the foregoing, these Terms will bind and
inure to the benefit of the parties, their successors and permitted assigns.
Notice: Any notice required to be given or otherwise given pursuant to this
Agreement by the parties concerned, shall be in writing and shall be sent
through email, or hand-delivered, Government mail service, or sent by
recognized courier service to the address mentioned on the website in
case of the Company and to the address provided by the user.
Contact Us
If you have any questions about these Terms and Conditions of Use or our
Privacy Policy, or Employee Brewing Company’s practices as we operate
this site, please contact us. You can contact us by sending an email to
[email protected]
