Terms of Service

This website www.merchclub.com (“Website”) is owned and operated by Indobevs Beverage Private Limited and also provides information about its subsidiary(ies) and affiliate(s) (“Indobevs”, “We”, “Us”, “Our”).

Please read these Terms and Conditions carefully, as by accessing, viewing, browsing, or using this Website, the customers and visitors (“You”, “Your”) agree and acknowledge that they have read, understood, and agree to be bound by the following terms and conditions of use, which together with our Privacy Policy, and any special terms and conditions applicable to our products and/or services available/offered on the Website, govern Merch Club’s relationship with you in relation to this Website.

Merch Club reserves the right to add, modify, amend, cancel, limit, vary, or change, either wholly, or in part, at any point in time, these terms and conditions, without prior notice. Further, Merch Club reserves the right to withdraw, suspend, alter, modify, or change the Website content, the Website, or part thereof, at its sole discretion, without prior notice. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Your continued use of the Website after such change or modification shall be deemed to be your agreement to the revised/modified terms and conditions. Please review these terms and conditions regularly to remain informed of any change. If you do not agree to these terms and conditions, please discontinue using this Website immediately.

WEBSITE ACCESS AND AVAILABILITY:

This Website is made available free of charge. Merch Club may make available certain products and/or services through the Website to specific regions. The Products and/or Services offered in one region may differ from those in other regions inter alia due to (un)availability, local or regional laws, and other considerations. Merch Club does not make any warranty or representation that a user in one region may access, use or obtain the Products and/or Services from the Website in another region. Further, Merch Club reserves the right to terminate or cancel any access or order or redirect a user to a different site, at its sole discretion.

REGISTRATION:

In general, you can access and visit our Website without registering on the Website or otherwise revealing your identity or any personal information about yourself. However, access to certain Services and products, as well as the ability to interact with other users on the Website, require the completion of a simple registration process wherein you may be required to reveal your identity and/or other information about yourself. You must provide complete and accurate information about yourself, and notify us to keep this information up to date. Additionally, by registering on the Website and submitting your information, you confirm that you have read and agree to these terms and conditions and Merch Club's Privacy Policy for the Website, available at https://merchclub.in/pages/privacy-policy (“Privacy Policy”). Merch Club may, at its sole and absolute discretion, refuse to accept registration.

PRIVACY AND INFORMATION GATHERED AND TRACKED:

By accessing this Website, you hereby agree and understand that your IP Address, device used to access the Website, and other demographics will be logged and recorded. All information collected from you, including registration information, is subject to the Privacy Policy. Information submitted through any registration, from feedback or questionnaire forms on the Website is stored in a database. Specifically, we may store the name, e-mail address, and mobile number of the visitors to our Website who wish to interact with us. Such information will be primarily used to facilitate interaction between users of the Website and us as well as to avail of certain products and Services on the Website. We may also use such information to send out information and updates and the Website, as well as for sending alerts on new services/features offered by the Website.

USE OF THE WEBSITE:

In using this Website, you agree not to upload, download, publish, post, share, display, email, or otherwise transmit any User Content that is or may be construed to:

be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, paedophilic, inflammatory, libelous, tortious, hateful;
be racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable or disparaging; or
be invasive of any individual’s rights including but not limited to rights of celebrity, privacy and intellectual property;
impersonate any individual or entity or falsely state or otherwise misrepresent your affiliation with any individual or entity;
upload, download, publish, post, share, display, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual, proprietary right, privacy right or other rights of any party;
upload, download, publish, post, share, display, email or otherwise transmit any User Content that may be or contain anything which is technically harmful (including, without limitation, a computer virus, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
upload, download, publish, post, share, display, email or otherwise transmit any User Content that facilitates or promotes any illegal activity or encourages money laundering or gambling;
upload, download, publish, post, share, display, email or otherwise transmit any User Content that is contributed for commercial gain;
disrupt or interfere with any other user’s use, access and/or enjoyment of the Website; and
threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult to any other nation.
by uploading any User Content you represent and warrant that you have the lawful right to reproduce and distribute such content and that the User Content complies with these terms and conditions, as well as all local and national laws, regulations and ordinances.

THIRD-PARTY INTERACTION AND LINKS TO THIRD PARTY SITES:

The Website may contain links to other third-party websites which are not owned, operated or endorsed by Merch Club and you hereby release and discharge the Indobevs Indemnified Parties (as defined herein) from any and all claims, losses, and damages arising out of the use of, or inability to use, or access such third party websites or links. Merch Club hereby disclaims all liability or responsibility for the content hosted or made available on or products/merchandise purchased from, or information provided by you/collected from you by such third party websites. You are advised to review the terms and conditions of such third party websites carefully before visiting, accessing, using, or availing of the services of such third party websites.

Correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, pertaining to such third party website is solely between you and the applicable third party and is at your sole risk. Merch Club shall not be responsible or liable in any manner whatsoever for transactions, the information provided by / collected from you and interaction with such third-party websites and/ or any losses sustained in that regard.

INTELLECTUAL PROPERTY

All Content featured or displayed on this Website, including trademarks, trade names, logos, service marks, photos, pictures, audio, video, design, layout and all other content and intellectual property rights, belongs to, is the property of Merch Club, and/or used under valid license / authorisation. Unauthorised copying, use, reproduction, distribution, modification, alteration, dissemination, reposting, hyper-linking, deep-linking, framing, mirroring, downloading or any other use of the Content on this Website in any manner whatsoever is strictly prohibited.

WARRANTY AND LIABILITY DISCLAIMER

Merch Club is constantly endeavoring to improve the quality of the Website. Accordingly, the form and nature of the Website and any services provided therefrom may change from time to time without any prior notice to you. Merch Club reserves the right to introduce and initiate new features, functionalities, components to the Website and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Merch Club is entitled to discontinue (either permanently or temporarily) one or more of the products and/or services provided or terminate the Website without any prior notice to you. Merch Club may also prescribe certain limits on the use of the Website and/or services or storage of Content and/or User Content at its sole discretion without any prior notice to you while at all times comply with the Privacy Policy.

All Content, information, features, services and materials on this Website are provided to you in good faith on an “AS IS” and “AS AVAILABLE” basis, without any representation, warranty or guarantee of any kind, either express or implied. Particularly, no warranty regarding performance, fitness for a particular purpose; uninterrupted access, security; accuracy, completeness, timeliness, or up-to-date information; or freedom from errors, virus, malware, Trojans, bugs, worms, infections, etc., is given in connection with this Website or use thereof.

Merch Club does not warrant that this Website will be constantly available, or available at all or the information on this Website is complete, true, accurate, or not misleading.

This Website is controlled and operated from India and Merch Club makes no representation that the Content, information, or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Website from outside of India are entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge, and absolve Indobevs Indemnified Parties from any liability or loss in this respect. Nothing on this Website constitutes or is meant to constitute, advice of any kind.

Merch Club, its affiliates, officers, directors, partners, employees, agents, representatives, licensors, licensees and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Website or any of the Services offered on the Website.

LIMITATION OF LIABILITY:

Merch Club shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary, and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Indobevs has been advised of the possibility of damages.

ACCURACY OF INFORMATION:

The information presented on this Website has been compiled by Merch Club from various sources including external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, and incomplete or out-of-date information. Merch Club reserves the right to make changes to the Content, User Content, and information on this Website, or to the products and/or services described therein, or update such information at any time without notice, but Merch Club makes no commitment to correct or update this information.

INDEMNIFICATION:

You represent, warrant, and covenant (a) that you will fulfil your obligations hereunder these terms and conditions in good faith; and (b) that no materials of any kind provided by you (including User Content) will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or otherwise unlawful material. To the fullest extent permissible under applicable laws, you hereby agree to release, indemnify, defend, and hold harmless Indobevs and its affiliates, officers, directors, partners, employees, agents, representatives, licensors, licensees, sponsors, suppliers and third party service providers (collectively, the “Indobevs Indemnified Parties”) from and against any and all claims, liabilities, losses, expenses, damages, and costs, including without limitation, reasonable attorneys’ fees, incurred by the Indobevs Indemnified Parties resulting from your use of, or inability to use, the Website; unavailability, withdrawal, modification, suspension, interruption, discontinuance or variation of the Website; or any violation by you of these terms and conditions or the foregoing representations, warranties, and covenants. Merch Club reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

COMMUNICATION:

Merch Club can be contacted for any queries in relation to this Website, by using the contact information specified in the ‘Contact Us’ page on the Website.

INFRINGEMENT NOTIFICATION:

In good faith, if you have reason to believe that any material or Content or User Content posted or otherwise made accessible on the Website, violates these terms and conditions, or is infringing of your proprietary rights, or is prohibited or restricted by applicable laws, rules, and regulations, or is abusive or threatens and harms other users of the Website, please compile the following information and email it to the email id mentioned on the “Contact Us” page of the Website. The email must contain the following information:

Clear identification of the allegedly prohibited/infringing/unlawful/abusive material on the Website (with specific URL reference);
Clear identification of the allegedly prohibited/infringing/unlawful/abusive material on the Website (with specific URL reference);
Your contact details, name, address, e-mail address, and phone number;
In case of an alleged violation of proprietary rights (including copyright, trademark or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the Website is not authorised by you or your agent or the law;
A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive;
A statement that the information provided in the notice is accurate and that the signatory is authorized to act on your behalf.

The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the Content or User Content. Merch Club may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Content or User Content violates these terms and conditions or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any malafide use of the notification process set out above, Indobevs reserves the right to restrict your access to the Website.

ASSIGNMENT

You may not assign your rights and obligations under these terms and conditions without the prior written consent of Merch Club. Merch Club may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website.

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION:

This Website, including the Content and User Content and information contained herein, shall be governed by the laws of India. All disputes arising out of the Website shall be governed by the laws of India, without having regard to conflict of laws principles, and the courts at New Delhi shall have exclusive jurisdiction to adjudicate all disputes.

Notwithstanding the above, disputes and claims shall be settled by arbitration to be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by Indobevs. The arbitration proceedings shall be conducted in the English language and the venue and seat of arbitration shall be New Delhi. The arbitrator shall decide any such dispute or claim strictly in accordance with the governing law. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The costs and expenses of the arbitration, including the fees of the arbitrator, shall be borne equally by each party to the dispute or claim; and each party shall pay its own fees, disbursements, and other charges of its counsel. The arbitration award shall be final, conclusive, and binding on each of the parties that were parties to the dispute.

Notwithstanding anything to the contrary contained anywhere in these terms and conditions, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by Merch Club from a breach of the terms and conditions of this Website and accordingly, Merch Club shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these terms and conditions.

NON-COMPLIANCE AND TERMINATION:

Non-compliance with any of the terms and conditions herein shall result in termination of access and/or right to use the Website. Merch Club retains the right to deny access to the Website, without notice, to anyone who it believes has violated any of these terms and conditions or does not accept these terms and conditions.