THIS AGREEMENT LEGALLY BINDS THE USER ON USER’S ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. USER’S USE OF THIS WEBSITE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
The terms "User", "You" and "your" refer to the End-user of the Software. "You" and "your" shall mean either an individual, if purchased individually, or an entity, if purchased or otherwise acquired by an entity.
"Registered User" is one who shows interest in using services of website "mixbacardi.com" through internet connection and provides his credentials, effectively proving his identity
"Website" means mixbacardi.com is a collection of related web pages, images, videos, games or other digital assets that are hosted on one web server, usually accessible via the Internet.
Bacardi-Martini India Limited and Hungama Digital Entertainment Media Private Limited (together hereinafter referred to as "BMIL-Hungama", "we" and/ or "us") grants you a license to use this website on your becoming Registered User by completing Registration formalities. Subject to the terms of this Agreement, BMIL-Hungama hereby grants you all limited, personal, non-transferable, non-sub-licensable, royalty-free, non-exclusive license to use services of this website.
BMIL-Hungama has made every effort to ensure this website to function non-stop, but we are not responsible to you for:
Limited Or Temporary Use
If you are evaluating the services of website, you may use the services of website during the Free Service Period. You may decide to continue after expiry of Free Service Period about the required services against the payment of fee.
You must accept the Terms & Conditions of Use in order to access the services of the website. The Terms & Conditions of Use agreement governs all aspects of services. You may view the Terms of Use by visiting the following website: www.mixbacardi.com . If you do not agree with the Terms & Conditions of Use, then you should not use the services of the website. Once you accept this license Agreement, the Privacy Policy and the Terms & Conditions of Use, you will become a Registered User of BMIL-Hungama and are eligible for services on payment of applicable fees. You acknowledge that the services of mixbacardi.com are only available for Indian Users and BMIL-Hungama is under no obligation to provide such services to Users of any other territory.
You shall pay for the service that you chose from the options given on the website. The Price List mentions the prices of each service in India denoted in Rupees and the user shall pay in Rupees. All registered users may after expiry or during the Free Service Period decide to continue using services of BMIL-Hungama on payment of required fees of the service. The services provided on mixbacardi.com are only available for Indian Users and the payments for the same can be made through Credit Card, Internet Banking, Debit Cards, eCoupons and Prepaid Cards of Indian Users only.
You agree that you will not attempt to reverse compile, modify, translate or disassemble the website in whole or in part. You may not, directly or indirectly, modify, translate, reverse engineer, decompile, disassemble create derivates works based on or otherwise attempt to discover the source code or algorithms of the website, or copy, rent, lease, distribute, transfer or otherwise transfer rights of the website or remove any property notices or labels on the website. Any such unauthorized use shall result in immediate and automatic termination of this license.
NEITHER BMIL-HUNGAMA NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES, LICENSOR SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SERVICE OR ANY USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER BMIL-HUNGAMA NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES OR LICENSOR SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SERVICES AND/ OR THE WEBSITE. BMIL-HUNGAMA SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL BMIL-HUNGAMA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall BMIL-Hungama's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to BMIL-Hungama during the one (1) year immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold BMIL-Hungama harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by BMIL-Hungama arising out of or from your use of the Service.
BMIL-HUNGAMA HAS MADE THIS SERVICE AVAILABLE TO USERS AS A MATTER OF CONVENIENCE. BMIL-HUNGAMA EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC CONTENT OR ALTERING OR DISTORTING THE CONTENT AVAILABLE UNDER THE SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT BMIL-HUNGAMA RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE APPLICABLE LAWS.
You agree to indemnify and hold BMIL-Hungama, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against BMIL-Hungama by any third party due to or arising out of in connection with your use of the website and/or its services.
The website may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to the users. Such Linked Sites are not under BMIL-Hungama's control, and BMIL-Hungama is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. BMIL-HUNGAMA DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLDUING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BMIL-HUNGAMA NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUANTIAL OR INCIDENTAL DAMAGES AIRISING OUT OF THE USE OR INABLITY TO USE SUCH WEBSITE, EVEN IF BMIL-HUNGAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SOME JURISIDCTIONS DO NOT ALLOW LIMITATION OR EXCLUSIVE OF INCIDENTAL OR CONSEQUANTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESGRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO BMIL-HUNGAMA.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES, IN NO EVENT SHALL BMIL-HUNGAMA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE. EVEN IF BMIL-HUNGAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL BMIL-HUNGAMA’S LIABILITY FOR ANY CLAIM WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
You can access the services of BMIL-Hungama until you continue to make payment of fees for the services you want to avail. BMIL-Hungama may terminate the service to the user if user violates, breach or fail to comply with any clause of this Agreement, or directly or indirectly, involved in unauthorized activities mentioned in clause 7 above.
You hereby agree that BMIL-Hungama would be irreparably damaged if the terms of this license Agreement were not specifically enforced, and therefore you agree that BMIL-Hungama shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this license Agreement, in addition to such other remedies as BMIL-Hungama may otherwise have available to it under applicable laws..
BMIL-Hungama reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this license Agreement. BMIL-Hungama will post the revised version of this license Agreement on the website, and may forward intimation to that effect to the users on their email address registered with BMIL-Hungama. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement and cease to be the User of mixbacardi.com. Your continued use of the services of website following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. BMIL-Hungama may change, modify, suspend, or discontinue any aspect of the services at any time.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. If any of the provisions of this License Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this License Agreement, so that this License Agreement shall remain in full force and effect
This Agreement shall be governed by the laws of India and shall inure to the benefit of BMIL-Hungama and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only to High Court of Delhi in India. The parties hereby consent to in personam jurisdiction of said courts.
To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and BMIL-Hungama agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. If you and BMIL-Hungama are unable to resolve a Dispute through informal negotiations, either you or BMIL-Hungama may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be governed by the Arbitration and Conciliation Act 1996. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms and conditions of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms and Conditions of Use, the conflicting provisions in the Terms and Conditions of Use shall govern. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
You grant BMIL-Hungama permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the website. This can be done across all platforms including but not limited to web and wap.
You may not use or export or re-export any content or any copy or adaptation of such content that you may download from the website, or any product or service offered on the website, in violation of any applicable laws or regulations, including without limitation Indian export laws and regulations.
This License Agreement constitutes the entire agreement between you and BMIL-Hungama with regard to your use of the content on the website.
BMIL-Hungama will not accept any counter-offers to this License Agreement, and all such offers are hereby categorically rejected. BMIL-Hungama's failure to insist on or enforce strict performance of this License Agreement shall not be construed as a waiver by BMIL-Hungama of any provision or any right it has to enforce this License Agreement, nor shall any course of conduct between BMIL-Hungama and you or any other party be deemed to modify any provision of this License Agreement. This License Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
