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Use of the Site & Prohibitions
The Site allows you to shop for Bilabrush products online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) Persons under the age of 18 years but over 13 years of age (Minors) may use this site supervised by a parent or a legal guardian who agree to be bound by these terms & conditions. If the Minor is below 18 years of age, only the Minors parents or legal guardian can transact on behalf of the Minor provided that their parents or legal guardians are registered users (c) collecting information about users’ personal information; (d) maneuvering the price of any item; (e) post false, inaccurate, misleading, defamatory, or libelous content; (f) take any action that may damage the rating system.
Payments & Processes of Invoices
Bilabrush has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Bilabrush prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Bilabrush has all the discretion to cancel or deny orders. Bilabrush is not responsible for pricing, typographical, or other errors in any offer by Bilabrush and reserves the right to cancel any orders arising from such errors.
Bilabrush shall strive to deliver customers their products/orders within 2 – 5 working days. However, in situations beyond Bilabrush’s control there may be circumstances which cause a delay. In such cases, we will ensure delivery in the earliest possible timeframe.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if “non-faulty” purchases are cancelled before the goods are dispatched a full refund will be given.
Product Pricing & Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by Bilabrush estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping on our site following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.
Acknowledgment of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraudulent activities are highly monitored on our site and if fraud is detected Bilabrush shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer & Limitations of Liability-0-
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000/- or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Bilabrush. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non – Waiver
Failure of the Bilabrush to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of India, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.