HappyDrinking

Terms of Service

These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between Sun Marketing Agency, (hereinafter referred to as “Happy Drinking”) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which HappyDrinking offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

1. General

1.1 www.happydrinking.in (“Website”) is an Internet based portal owned and operated by Sun Marketing Agency, a company incorporated under the laws of India, with its registered office at No.121, AGS Layout, New BEL Road, RMV 2nd stage, Bangalore 560094., India and engaged in the business of providing technological assistance and e-commerce platform for facilitating online sales of products for its affiliate/ registered merchants/ vendors/service providers. Use of the Website is offered to You upon the condition of and on acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by HappyDrinking at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2 HappyDrinking shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.happydrinking.in  to view the most current Terms of Use. You can determine when HappyDrinking last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. HappyDrinking may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Website and before the Services are provided on the Website. If no such separate consent is sought, Your continued use of the Website, following the changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3 HappyDrinking offers the Website to You conditioned on Your acceptance without modification of this Terms of Use. By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by this Terms of Use and the Website’s Privacy Policy available at the homepage, www.happydrinking.com.

1.4 HappyDrinking agrees to place orders on Your behalf with the vendors of the Products and ensure that the Product is delivered at such locations as per the Order Confirmation Form. HappyDrinking or the Vendors shall not be liable to deliver any Products or Services purchased by Users for delivery in locations outside India.

1.5 The Website is only a platform that can be utilized by users to reach a larger base to buy and sell Products. HappyDrinking is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the vendors and You.

1.6 Happy Drinking does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the vendor and Products are governed by the terms of warranties provided by the respective vendors.

 
2. Services & Service Conditions  

2.1 The Website is a platform that facilitates online sale and purchase of branded domestic & imported liquor/alcohol  and Non Alcoholic Drinks and other services (“Products”)  and facilitates the placing of an order by You for the purchase of the Products with HappyDrinking’s  affiliate/ registered merchants/ vendors (“Services”). 

2.2 All orders are for the Products are only processed by Happy Drinking but distributed by HappyDrinking’s affiliate/ registered merchants/ vendors/service providers.

2.3 Happy Drinking does not sell nor claims to sell  any liquor online by itself or through any affiliate/ registered merchants/ vendors. 

2.4 Happy Drinking only collects customer orders and forwards them to its affiliate/ registered merchants/ vendors, who may or may not choose to complete the order and Happy Drinking is not responsible for any actions on part of its affiliates/ registered merchants/ vendors. Such affiliates/ registered merchants/ vendors are solely responsible for quality, delivery and billing of the Products ordered with Happy Drinking and Happy Drinking only acts as a facilitator for the placement of orders with them.

2.5 Happy drinking is not responsible for a) damage caused to the shipment by any way; b) quality of any Products ordered by You through the Website.

2.6 All Products are subject to availability with the affiliate/ registered merchants/ vendors. Orders are taken by Happy Drinking but fulfilled by the affiliates/ registered merchants/ vendors in accordance with the applicable laws in India. Happy Drinking does not not own any liquor store and is not responsible for selling and delivering liquor in any manner.

2.7 There shall be no sale and/or delivery of any orders for Products being alcoholic drinks on any days on which sale/delivery of such Products are prohibited as per notifications issued under the local laws applicable to the place where the delivery is sought.

2.8 At no time Happy Drinking holds any right, title or interest over the products listed on the Website nor  Happy Drinking have any obligations or liabilities in respect of such contract entered into between Vendors and customers. Happy Drinking is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

2.9 Happy Drinking is not responsible for any non-performance or breach of any contract entered into between the You and the vendor/s. Happy Drinking cannot and does not guarantee that the vendors will perform any transaction concluded on the Website. Happy Drinking shall not and is not required to mediate or resolve any dispute or disagreement between Vendors and customers.

2.10 You understand that You shall independently agree upon the manner and terms and conditions of delivery, payment, return policy, insurance etc. with the vendor(s) that You transact with.

2.11 Happy Drinking does not at any point of time during any transaction between You and the vendors through the use of the Website take possession of any of the Products offered by vendors nor does it at any point gain title to or have any rights or claims over the Products offered by vendors to You.


3. Eligibility to Use

3.1 The Services are not available to persons below the permitted age for consumption of alcohol/liquor in the relevant place where delivery is sought or to any User suspended or removed from the HappyDrinking system by HappyDrinking for any reason whatsoever. If You do not conform to the aforesaid qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract, are above the legal drinking age applicable in the relevant city where delivery of the Product is sought and are not a person barred from receiving services under the laws as applicable in India. Determining the legal age for consumption of alcohol applicable in the place where delivery of the Product is sought is the sole responsibility of the User and by use of the Services, you also represent that you are fully aware of the legal requirements and applicable legal age for drinking in your area and are making a representation of meeting all such legal requirements having full knowledge of the same.

3.2 HappyDrinking reserves the right to refuse access to the Services offered on the Website to new Users or to terminate access granted to existing Users and/or cancel orders in its discretion at any time without according any reasons for doing so, including, without limitation, if HappyDrinking believes that the customer conduct violates applicable law or is harmful to HappyDrinking’s interests.

3.3 You shall not have more than one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.


4. User Account, Password, and Security

4.1 HappyDrinking makes the Services available to You through the Website only if You have provided HappyDrinking certain required User information and created an account (“Account”) through HappyDrinking ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.

4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account, whether or not such access activities are actually authorized by You, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such activities. You agree to (a) immediately notify HappyDrinking of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. HappyDrinking cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by HappyDrinking or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.3 Each time You use Your Account Information to gain access to Your Account, You will be deemed to be authorized to access and use the Website in a manner consistent with the Terms of Use, and HappyDrinking has no obligation to investigate the authorization or source of any such access or use of the Website.

4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HappyDrinking has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HappyDrinking has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion.


5. Pricing Information

5.1 HappyDrinking strives to provide You with the best prices possible on the Products and Services You buy or avail of from the Website. The pricing details for purchase of Products are as described on the Website and are incorporated into these Terms of Use by reference. Prices, products and Services may change at HappyDrinking’s sole discretion and agreements with its affiliates, registered merchants and vendors.

5.2 In case of online payment, You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You in any transaction with HappyDrinking through the Website. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. HappyDrinking expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

5.3 In the event of cash on delivery, You shall be required to deal with the vendor directly.

5.4 All prices mentioned on the Website shall be exclusive of any taxes that may be leviable in accordance with the any applicable law of the place where the sale is being concluded. Also, the Website may charge You convenience charges at such rates as may be prescribed from time to time along with the amount payable for conclusion of sale of a Product.


6. Shipment and Delivery
The shipment and delivery of the Products for which the order is placed by You on the website shall be undertaken by HappyDrinkings affiliates, registered merchants and vendors and HappyDrinking shall not be liable for the same in any manner whatsoever. You may take note that, in case of the Product is an alcoholic drink, in compliance with applicable law, You shall be required to provide identification proof including proof of age to satisfy the respective vendor that You are of legal age for consumption of alcohol applicable in the place where delivery of the Product is sought.


7. Special Offers and Promotions
HappyDrinking may from time to time make announcements of special offers including offers with respect to discounts, promotional offers and offers with respect to bulk orders (“Special Offer/s”). Each such Special Offer shall be subject to the terms and conditions as notified along with the announcement of such Special Offer which may include conditions as to minimum value of the order, time period within which the same may be delivered and/or conditions as to return or cancelation of the order. HappyDrinking may withdraw any such Special Offers at any time at its sole discretion and shall not be liable to provide any intimation to You in this regards. All Special Offers are based on availability and You understand that there shall be specified and limited number of such offers which can be available.


8. Return and Refund Policy

8.1 You agree and understand that any claim raised by you for refund of any amounts with respect to the purchase of the product or seeking for a return/replacement of the Product shall be subject to the return/refund policy attached to the Product by the vendor. HappyDrinking shall only assist you in registering a request for refund and processing and forwarding the same to the respective vendor/s. It may be noted that, except if permitted as per any specific terms of sale for bulk orders, all orders placed shall be deemed to be irrevocable post receipt of delivery by You.  

8.2 You shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed as per terms of Product or within the time period as provided in the policies of the Vendor, whichever is earlier. In case You do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.  

8.3 You understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or Transactions Products as mentioned in the policies and hence he may not be entitled to a refund in respect of the Transactions for those Products.   

8.4 Except for Cash on Delivery transaction, refund, if any, shall be made at the same issuing bank from where transaction price was received. For Cash on Delivery transactions, refunds, if any, will be made via demand draft in Your favour (As per registration details provided by You). For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).  


9. User Obligations  

9.1 Subject to compliance with the Terms of Use, HappyDrinking grants You a non-exclusive, revocable, non-transferable and limited privilege to access and use this Website and the Services provided therein.  

9.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Any breach of the Terms of Use shall result in immediate revocation of the license granted in this paragraph without notice to You.  

9.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as product catalogues) that You access on the Website in accordance with Clause 10.  

9.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by HappyDrinking. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. 

9.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. HappyDrinking disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 20 herein.

9.6 If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, libellous, threatening, defamatory, infringing, obscene, indecent, pornographic or unlawful topic, name, material or information through any bookmark, tag or keyword or could give rise to any civil or criminal liability under the applicable law;
d) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;  
e) Upload or distribute files that contain bugs, viruses, worms, trap doors, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;   
f) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);  
g) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any HappyDrinking server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;  
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of HappyDrinking, including any HappyDrinking Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;  
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;  
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Clause.
k) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
l) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HappyDrinking or other third parties;
m) Conduct or forward surveys, contests, pyramid schemes or chain letters;
n) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
o) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
p) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
q) Violate any applicable laws or regulations for the time being in force within or outside India;
r) Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
s) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
t) Make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by HappyDrinking in advance.

9.7 You agree that You are solely responsible to HappyDrinking and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which HappyDrinking or its affiliates or its vendors may suffer) for any such breach.

9.8 You agree and acknowledge that HappyDrinking is not the seller of the Products and the services which shall be provided and delivered to You by HappyDrinking’s affiliate/ registered merchants/ vendors/service providers and HappyDrinking shall in no manner be deemed to be the seller of the products or services on this Website. HappyDrinking is only facilitating purchase of the products or services by You from the vendor by providing the Products to You. .You further acknowledge that HappyDrinking is not engaged in manufacture, sale or purchase (whether wholesale or retail), export, import, distribution, transportation or possession the Products nor does it allow any of the acts aforesaid upon premises in its immediate possession. The obligation for compliance with applicable laws in relation to manufacture, sale or purchase (whether wholesale or retail), export, import, distribution, transportation or possession the Products solely vests with the relevant vendor providing the Products to You

9.9 You agree that HappyDrinking may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.


10. Use of Materials

10.1 Except as expressly indicated to the contrary in any applicable Additional Terms, HappyDrinking hereby grants You a non-exclusive, freely revocable (upon notice from HappyDrinking), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
b) You may not modify or alter product catalogues or any other materials available on the Website;
c) You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
d) You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

10.2 The rights granted to You in the Product catalogues or any other materials as specified above are applicable to the design, layout or look and feel of the Website as well. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by HappyDrinking.

10.3 Any software that is available on the Website is the property of HappyDrinking or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of HappyDrinking.

10.4 Anyuse of the Services or placement of orders for the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any Prodcuts or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services purchased are not transferrable to any third party for profit.


11. Usage Conduct

11.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

11.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

11.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non- commercial use only and shall not re-sell the same to any other person.


12. Intellectual Property Rights

12.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by HappyDrinking and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

12.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of HappyDrinking or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of HappyDrinking, the vendor or the third party that may own the Marks.

12.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, [●] owns all intellectual property rights to and into the trademark “HappyDrinking”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

12.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, modify, reverse-engineer, disassemble, decompile, reproduce, distribute, sell, lease, transmit, create derivative works from any Content or otherwise exploit the Website or any portion thereof through any medium without obtaining the necessary authorization in writing from HappyDrinking or thirty party owner of such Content.


13. Third Party Content

13.1 The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only and should not be construed as an endorsement, approval or recommendation by HappyDrinking of the linked website or its content. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. HappyDrinking does not provide any guarantee with respect to any the Third Party Content and HappyDrinking shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. When viewing a third party website, You should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third party websites is at Your own risk.


14. User Warranty and Guarantee
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by HappyDrinking.


15. Disclaimer Of Warranties & Liability by HappyDrinking
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

15.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY HAPPYDRINKING ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OF THE PRODCUTS FOR A PARTICULAR PURPOSE OR OTHERWISE, QUIET ENJOYMENT, NO ENCUMBRANCE, NO LIEN AND SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, HAPPYDRINKING MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPYDRINKING OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

15.2 HAPPYDRINKING HEREBY DISCLAIMS ANY GUARANTEES OF QUALITY, EXACTNESS, MERCHANTIBILITY OF THE FINAL PRODUCT AS ORDERED BY THE USER. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE MAY NOT MEET YOUR EXPECTATIONS. ALTERATIONS TO CERTAIN ASPECTS OF YOUR ORDER SUCH AS THE PRODUCT BRAND, QUALTITY, QUALITY, PACKAGING ETC. ALL AND ANY LIABILITIES WITH RESPECT TO THE PRODCUTS SHALL SOLELY BE ON THE RELEVANT VENDOR SUPPLYING THE PRODCUT TO YOU.

15.3 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAPPYDRINKING WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HAPPYDRINKING ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

15.4 HAPPYDRINKING WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
HAPPYDRINKING HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT HAPPYDRINKING NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. HAPPYDRINKING SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF ORFAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, HAPPYDRINKING SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND HAPPYDRINKING'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. HAPPYDRINKING IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. HAPPYDRINKING ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.


16. Indemnification

16.1 You agree to indemnify, defend and hold harmless HappyDrinking including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HappyDrinking that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold HappyDrinking harmless against any claim made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
In no event shall HappyDrinking, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not HappyDrinking has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials

16.2 The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable law.


17. Violation of the Terms of Use

17.1 You agree that HappyDrinking may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if HappyDrinking determines that You have violated this Terms of Use or Additional Terms. You also agree that HappyDrinking may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated Account deletions); (3)discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

17.2 You agree that any violation by You of this Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to HappyDrinking, for which monetary damages would be inadequate, and You consent to HappyDrinking obtaining any injunctive or equitable relief that HappyDrinking deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HappyDrinking may have at law or in equity.

17.3 If HappyDrinking does take any legal action against You as a result of Your violation of these Terms of Use, HappyDrinking will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to HappyDrinking.


18. Termination

18.1 The Terms of Use will continue to apply until terminated by either You or HappyDrinking as set forth below. If You want to terminate Your agreement with HappyDrinking, You may do so by (i) not accessing the Website; or (ii) closing Your Accounts for all of the Services that You use, where HappyDrinking has made this option available to You.

18.2 HappyDrinking may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
a) You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
b) HappyDrinking is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
c) The provision of the Services to You by HappyDrinking is, in HappyDrinking’s opinion, no longer commercially viable;
d) HappyDrinking has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

18.3 HappyDrinking may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

18.4 You agree that all terminations shall be made in HappyDrinking’s sole discretion and that HappyDrinking shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

18.5 If You or HappyDrinking terminate Your use of the Website, HappyDrinking will have no liability to You or any third party for deleting any content or other materials relating to Your use of the Website.

18.6 Any termination of this Terms of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties to this Terms of Use arising before the date of termination.


19. Governing Law

19.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and HappyDrinking shall be governed in accordance with the laws of India without reference to conflict of laws principles.

19.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and HappyDrinking shall be subject to the exclusive jurisdiction of the courts at [●] and You hereby accede to and accept the jurisdiction of such courts.


20. Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to the following e-mail id: [●].


21. Privacy Policy
You hereby consent, expresse and agree that You have read and fully understood the privacy policy of HappyDrinking made available on the Website (“Privacy Policy”) in respect of Your use of the Services and the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.


22. Communications

22.1 You hereby expressly agree to receive communications by way of SMS, e-mails from HappyDrinking relating to Services provided through the Website.

22.2 A User can unsubscribe/ opt-out from receiving communications from HappyDrinking through SMS and e-mail anytime by:
a) Visiting http://www.HappyDrinking.in/smsunsubscribe to unsubscribe from messages/ SMS; and b) By clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.


23. General Provisions

23.1 Notice: All notices of HappyDrinking will be served by email or by general notification on the Website. Any notice provided to HappyDrinking pursuant to the Terms of Use should be sent to [●] with subject line -Attention: TERMS OF USE.

23.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. HappyDrinking’s rights under the Terms of Use are freely transferable by HappyDrinking to any third parties without the requirement of seeking Your consent.

23.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

23.4 Waiver: Any failure by HappyDrinking to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by HappyDrinking of that provision or right. Without prejudice to the foregoing, no instance of waiver by HappyDrinking of its rights or remedies under this Terms of Use shall imply any obligation to grant any similar, future or other waiver.


24. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential and non-proprietory. HappyDrinking shall be free to use such information on an unrestricted basis. All feedback shall automatically become the sole and exclusive property of HappyDrinking and shall not be returned to You. When you provide feedback to the Website, You also grant HappyDrinking the right to use the name that You submit with any feedback. You represent and warrant that You own or otherwise control all of the rights to the feedback that You post on the Website. You shall not use a false e-mail address, pretend to be someone other than Yourself or otherwise mislead HappyDrinking or third parties as to the origin of any feedback. HappyDrinking may, but shall not be obligated to, remove or edit any feedback for any reason.
Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) HappyDrinking is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) HappyDrinking may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from HappyDrinking for the feedback under any circumstances.


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