Terms Of Use
Energy Beverages Private Limited (“EBPL”) maintains this website (www.kelzai.com) for your personal entertainment, information, education and communication. Feel free to browse the Website, but please read these terms of use before doing so.
These Terms govern your use of this Website; by using this Website, you accept these Terms in full, without limitation or qualification. If you disagree with these Terms or any part of these Terms, you must not use this Website. EBPL may revise these Terms at any time by updating these Terms. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
This Website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by / or licensed to EBPL and used by EBPL and its bottlers throughout India (the “Trademarks“). The Trademarks displayed on the Website are registered or unregistered Trademarks of EBPL Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trademark displayed on the Website, or any licence or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms, EBPL and/or the owner of the Trademark will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
LICENSE TO USE WEBSITE
Unless otherwise stated, EBPL and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the terms below, all these intellectual property rights are reserved. All materials, designs, text and images (collectively, the “Materials”) contained in the Website are either the copyrighted property of EBPL, unless otherwise noted, or are the copyrighted property of third parties. EBPL neither warrants nor represents that your use of Materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with EBPL
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorised use of the Materials is strictly prohibited and is a violation of the rights of EBPL and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without EBPL’s express prior written consent.
You must not use this Website to transmit or send unsolicited commercial communications.You must not use this Website for any purposes related to marketing without EBPL’s sole and express prior written consent.
RESTRICTED ACCESS
Access to certain areas of this Website may be restricted. EBPL reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at EBPL’s sole discretion.
If EBPL provides you with a user account and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
EBPL reserves the right to disable your user account in EBPL’s sole discretion without notice or explanation.
USER CONTENT AND SUBMISSION
EBPL welcomes your comments about your experiences with its products and your suggestions about how to improve the Website. The Website permits the submission of comments, ideas, suggestions, information in the form of written works, photos, audio files, videos, audio visual data, web-links or any other material submitted by you and other users of the Website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any User Submissions that you contribute to EBPL or the Website (including the name you submit with any such User Submission) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for EBPL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that such content will be (a) treated as non-confidential and non-proprietary by EBPL, (b) become the property of EBPL and EBPL shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by EBPL or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Website or EBPL managed social media, advertising, print material or in any other press releases or otherwise. However, EBPL shall be under no obligation to respond to any such communication.
IN RELATION TO YOUR USER SUBMISSION YOU COVENANT, REPRESENT AND WARRANT THAT:
You own or otherwise have the necessary licences, rights, consents and permissions to use and authorise EBPL to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
In connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EBPL all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to EBPL or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree and acknowledge that EBPL does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EBPL expressly disclaims any and all liability in connection with User Submissions. Furthermore, EBPL does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and EBPL is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. EBPL reserves the right to remove content and User Submissions without any prior notice, in its sole discretion.
You agree and acknowledge that EBPL does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EBPL expressly disclaims any and all liability in connection with User Submissions. Furthermore, EBPL does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and EBPL is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. EBPL reserves the right to remove content and User Submissions without any prior notice, in its sole discretion.
LINKS TO OTHER WEBSITES
This Website may link to other sites not maintained by or related to EBPL Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of EBPL EBPL has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
In the event that EBPL may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Website, EBPL is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. EBPL will fully cooperate with any law enforcement authorities or court order requesting or directing EBPL to disclose the identity of anyone posting any such information or materials.
UNSOLICITED SUBMISSIONS
EBPL does not accept or consider any creative ideas, suggestions or materials from the public (“Unsolicited Submissions”) and therefore, you should not make any Unsolicited Submissions to EBPL If you do send us a Unsolicited Submission, despite our request not to do so, then such Unsolicited Submission will be considered non-confidential and non-proprietary and shall immediately become the property of EBPL. EBPL shall exclusively now and hereinafter own all rights, title and interest therein. EBPL will be free to use any Unsolicited Submissions for any purpose whatsoever.
NO WARRANTIES
This Website is provided “as is” without any representations or warranties, express or implied. EBPL makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, EBPL does not warrant that this Website will be constantly available in full or in part, or available at all.
Nothing on this Website is meant to constitute advice of any kind.
LIMITATIONS OF LIABILITY
Use of and browsing in the Website is done at the user’s own risk. Neither EBPL nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Website, or downloading of any materials, data, text, images, video or audio from the Website, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof.
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall EBPL be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
GOVERNING LAW AND JURISDICTION
All disputes shall be dealt as per Indian Law. The Courts at Delhi shall have exclusive jurisdiction.
REASONABLENESS OF TERMS
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
OTHER PARTIES
You accept that, as a limited liability entity, EBPL has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EBPL’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect EBPL’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EBPL
INDEMNITY
You agree to indemnify, defend and hold harmless EBPL, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms; and (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by EBPL
BREACH OF TERMS
Without prejudice to EBPL’s other rights under these Terms, if you breach these Terms in any way, EBPL may take such action as EBPL deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or initiating such proceedings against you, as deemed appropriate under applicable law.
ASSIGNMENT
EBPL may transfer, sub-contract or otherwise deal with EBPL’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
SEVERABILITY
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and EBPL in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website