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These Terms of Service ("Terms") govern your access to and use of reborngoods.co (the "Site"). By accessing or using our Site, you agree to these Terms.
INTRODUCTION
These Terms of Service regulate the use and access of reborngoods.co and media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
These Terms of Service, our Privacy Policy, and Cookie Policy and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Non Zero Design LLP (hereinafter referred to as “Reborn Goods”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
SERVICES
Reborn Goods operates an online Platform that curates and displays directories of brands that the Platform subjectively considers to be “good brands” based on internal evaluation criteria. The Platform may feature brand listings, case studies, commentary, editorial content, research notes, and explanatory materials describing why certain brands are included in the directory.
The Services are provided solely for informational and discovery purposes. Reborn Goods does not operate as a marketplace, reseller, distributor, or intermediary for the purchase of goods or services offered by any listed brand.
Reborn Goods may update, modify, suspend, or discontinue any part of the Services, including the availability of any brand listing or content, at its sole discretion.
ELIGIBILITY
To use our Platform, you must:
Be at least of the age of majority and not disqualified from entering into contracts under any law;
agree to our Terms; and
provide true, complete, and up to date legal and contact information
You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
By using the Platform, you represent and warrant that you will use the Platform only for non-commercial purposes.
By using the Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use the Platform in a way that violates any laws or regulations. Reborn may refuse service, and change eligibility requirements at any time.
By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
Editorial Independence and No Endorsement
Brand listings, case studies, and other content published on the Platform reflect the editorial views, research, and opinions of Reborn Goods at the time of publication.
Inclusion of a brand in the directory, publication of case studies, or discussion of a brand does not constitute:
an endorsement,
a certification,
a guarantee of quality,
a verification of claims made by such brands, or
a recommendation that users purchase products or services from such brands.
Users should conduct their own independent evaluation before engaging with any brand referenced on the Platform.
Brand Listings and Case Study Content
Reborn Goods may publish case studies, summaries, commentary, and other descriptive content relating to brands, including information about brand practices, products, sustainability claims, market positioning, or operational approaches.
Such content may be based on publicly available information, brand-provided materials, independent research, or editorial analysis.
Reborn Goods does not warrant the completeness, accuracy, or ongoing validity of such information. Information regarding brands may change over time and the platform is under no obligation to update or maintain previously published content.
No Affiliation With Listed Brands
Unless explicitly stated otherwise in writing, Reborn Goods is not affiliated with, sponsored by, endorsed by, or partnered with any brand listed on the Platform.
The presence of a brand on the Platform does not imply any contractual relationship between Reborn Goods and such brand.
Use of Third-Party Trademarks, Logos, and Brand Assets
The Platform may display brand names, logos, trademarks, trade dress, or other proprietary brand identifiers belonging to third parties for the limited purpose of identification, commentary, review, or reference in connection with brand listings and case studies.
All such trademarks and logos remain the property of their respective owners.
Their display on the platform:
does not imply sponsorship, endorsement, or affiliation with Reborn Goods; and
is intended solely to identify the relevant brand in the context of editorial and informational content.
Nothing in these Terms grants users any right to use or reproduce such third-party trademarks or brand assets.
Content Ownership and Platform Intellectual Property
Except for third-party trademarks and brand assets, all content on the Platform, including but not limited to:
research,
case studies,
editorial commentary,
written analysis,
platform design,
selection and arrangement of brand directories,
is owned by or licensed to Reborn Goods and is protected under applicable intellectual property laws.
Users may not reproduce, republish, distribute, or commercially exploit such content without prior written permission from Reborn Goods.
Brand Removal and Platform Discretion
Reborn Goods retains the absolute and unrestricted right to add, modify, suspend, or remove any brand listing, case study, or related content from the Platform at any time.
Reborn Goods may remove or modify brand listings for any reason or for no reason at all, including editorial decisions, updated research, policy changes, or internal evaluation criteria.
Reborn Goods is under no obligation to provide notice, explanation, or justification to any user, brand, or third party regarding such removal or modification.
Takedown and Content Removal Requests
If any brand, rights holder, or other party believes that content appearing on the platform:
infringes intellectual property rights,
contains inaccurate information, or
otherwise raises legitimate legal concerns,
Such party may submit a written removal or correction request to Reborn Goods through the designated contact channel provided on the Platform.
The request should include:
identification of the content in question,
the basis for the request,
supporting documentation where applicable, and
contact details of the requesting party.
Reborn Goods will review such requests in good faith and may take appropriate action at its sole discretion, including modification or removal of the content. Submission of a request does not guarantee that content will be removed.
User Reliance on Platform Content
Information presented on the platform is intended solely for general informational purposes.
Reborn Goods does not provide professional, commercial, investment, sustainability, or consumer advice. Users rely on the platform’s content at their own risk and are solely responsible for their interactions, transactions, or decisions relating to any brand referenced on the Platform.
. PERSONAL DATA
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your name, email address, phone number, and usage data (“Personal data”). You agree that your Personal data is collected by us through your consent. Please read our Privacy Policy for more details about our Personal Data collection policy and methods.
TERM
The Term begins as soon as you access the Platform and continues as long as you use the Platform and related services. Clicking the button and entering your username means that you’ve officially “signed” these Terms.
. Hyperlinking to our Content
The following organizations may link to our Platform without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors may link to our Platform in the same manner as they hyperlink to the websites of other listed businesses; and
5. System wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Platform.
These organizations may link to our Platform, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources;
2. dot.com community sites;
3. associations or other groups representing charities;
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms; and
7. educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; and (c) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Platform, you must inform us by sending an e-mail to Reborn Goods. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Platform, and a list of the URLs on our Platform to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Platform as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator being linked to; or
3. By use of any other description of our Platform being linked to that makes sense within the context and format of content on the linking party's site.
No use of Reborn Goods logo or other artwork will be allowed for linking absent a trademark license agreement.
. iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Platform.
. Content Liability
We shall not be hold responsible for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your website. No link(s) should appear on the Platform that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
. Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Platform. You approve to immediately remove all links to our Platform upon request. We also reserve the right to amend these Terms and our linking policy at any time.
. Removal of links from our Platform
If you find any link on our Platform that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this Platform is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Platform remains available or that the material on the Platform is kept up to date.
. PROHIBITED ACTIVITIES
As a user of the Platform, you agree not to:
systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
use a buying agent or purchasing agent to make purchases on the Platform.
use the Platform for advertising or offering to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
engage in unauthorized framing of or linking to the Platform.
trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Platform in order to harass, abuse, or harm another person.
use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise.
attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
delete the copyright or other proprietary rights notice from any Platform Content.
copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
use the Platform in a manner inconsistent with any applicable laws or regulations.
. LICENSE
Subject to the Terms, Reborn Goods gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to access Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from Reborn Goods to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms. \
. INTELLECTUAL PROPERTY RIGHTS
The Platform contains Intellectual Property of Reborn Goods in the form of content, graphics, videos, audios, text and any other digital content (“Platform Content”). This is an agreement for the use and access of the Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms of Service.
You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Reborn Goods or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Reborn Goods. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Reborn Goods or its third-party suppliers, as the case may be.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Reborn Goods and you hereby irrevocably transfer and assign to Reborn Goods such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall take necessary and/or appropriate legal action. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 35.
By submitting a testimonial or providing us with your logo, you grant us the non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display your testimonial and/or logo, in whole or in part, on our Platform, marketing materials, and social media platforms for promotional and advertising purposes.
You represent and warrant that you have the necessary rights and permissions to grant us the aforementioned license for your testimonial and/or logo. You further agree that we may edit or modify your testimonial and/or logo, if necessary, to ensure clarity, compliance with our brand guidelines, or to fit the format requirements of our Platform or marketing materials.
We reserve the right to review, reject, or remove any testimonial or logo at our discretion, without providing a reason or prior notice. We are not responsible for any loss or damage incurred as a result of the use or removal of your testimonial or logo.
Please note that the opinions expressed in the testimonials are those of the individuals and do not necessarily reflect our views or beliefs. We do not guarantee the accuracy, completeness, or reliability of any testimonial or endorse any products or services mentioned therein.
If you wish to have your testimonial or logo removed from our Platform, marketing materials, or social media platforms, please contact us with your request, and we will make reasonable efforts to accommodate your request, subject to any legal obligations or limitations.
By providing us with your testimonial or logo, you acknowledge and agree to the terms outlined above regarding the use of testimonials and logos on our Platform and in our marketing materials.
All intellectual property rights, including but not limited to copyrights, trademarks, and any other proprietary rights associated with the logos provided by clients, remain the sole property of their respective owners. Our use of client logos does not imply any transfer or assignment of these rights.
We acknowledge and respect the intellectual property of others. If you believe that your logo has been used on our Platform, marketing materials, or social media platforms without proper authorization or in violation of any intellectual property rights, please contact us immediately with relevant information, and we will promptly address the issue in accordance with applicable laws and regulations.
THIRD-PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
TERMINATION
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with you. You may request deletion of your personal information by placing a request using the contact information in section 35. Any such termination shall immediately revoke the license granted under Section 20, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
. RELEASE
To the maximum extent permissible by applicable law, you hereby absolutely release Reborn Goods and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
. WARRANTY DISCLAIMER
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. NON ZERO DESIGN LLP, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
. INDEMNIFICATION
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your account or identity on the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way.
It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
. No Verification of Brand Claims
Reborn Goods may reference statements, claims, sustainability practices, product descriptions, certifications, or operational details attributed to brands.
Unless explicitly stated otherwise, Reborn Goods does not independently verify or audit such claims and makes no representation regarding their accuracy, completeness, or ongoing validity.
Any references to brand practices, policies, or achievements are provided for informational purposes only and should not be interpreted as verified facts or guarantees.
Third-Party Information Sources
Content published on the platform may rely on information obtained from third-party sources, including but not limited to:
publicly available materials,
brand websites and press materials,
interviews or communications with brand representatives,
news articles,
research publications.
Reborn Goods does not control these sources and cannot guarantee their accuracy or reliability. Reborn Goods shall not be responsible for errors, omissions, or inaccuracies originating from such third-party sources.
. No Duty to Monitor or Investigate Brands
Reborn Goods does not undertake an ongoing obligation to monitor, investigate, audit, or re-evaluate the conduct, business practices, product quality, or representations of brands listed on the platform.
A brand’s continued presence on the platform should not be interpreted as confirmation that its practices remain consistent with previously published information.
Users should independently verify information on the Platform.
Platform Reputation and Misrepresentation
Users, brands, or third parties shall not represent or imply that:
a brand has been “certified,” “approved,” or “officially endorsed” by Reborn Goods, or
that inclusion on the platform constitutes any form of accreditation, rating authority, or regulatory approval.
Any such misrepresentation may result in removal of the brand listing and other appropriate action.
. LIMITATION OF LIABILITY
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE), OR GREATER THAN (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REBORN GOODS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:
THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES,
RELIANCE ON INFORMATION OR CASE STUDIES PUBLISHED ON THE PLATFORM,
INCLUSION OR REMOVAL OF ANY BRAND FROM THE DIRECTORY,
INACCURACIES, OMISSIONS, OR OUTDATED INFORMATION RELATING TO BRANDS, OR
ANY INTERACTION, TRANSACTION, OR RELATIONSHIP BETWEEN USERS AND BRANDS LISTED ON THE PLATFORM.
REBORN GOODS SHALL HAVE NO RESPONSIBILITY FOR THE ACTIONS, REPRESENTATIONS, PRODUCTS, SERVICES, OR CONDUCT OF ANY THIRD-PARTY BRAND REFERENCED ON THE PLATFORM.
GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in New Delhi with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be New Delhi. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
. MODIFICATION
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
. MISCELLANEOUS
Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Relationship of the parties. You and Reborn Goods are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to hello@reborngoods.co. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
Interpretation. The headers are provided only to make this agreement easier to read and understand.
CONTACT
You may get in touch with us through our Platform or the address given below:
Enam Sambhav, BKC WeWork Enam Sambhav,
C - 20, G Block Rd, G Block BKC, Bandra Kurla Complex,
Bandra East, Mumbai, Maharashtra 400051.
hello@reborngoods.co